Cases We Handle

Explore cases, view DWI information, or see our recent wins.

Wins in 2017-2018

We aggressively defend DWIs, felonies, misdemeanors, and our clients often obtain amazing results.

3rd Degree Domestic Assault
Tried. NOT GUILTY.

Felony Receiving Stolen Property
DISMISSED.

Felony Stealing
Felony DISMISSED with no conviction on other charges.

Felony Domestic Assault
DISMISSED.

Request for Administrative Hearing on License Loss
WON. Insufficient evidence found that blood was at or above the legal limit.

Request for Administrative Hearing on License Loss
WON. Insufficient evidence found that blood was at or above the legal limit.

Criminal Non-Support
DISMISSED.

 

 

Violation of an Order of Protection
DISMISSED.

Assault (common assault – one count)
DISMISSED.

3rd Degree Domestic Assault
DISMISSED.

3rd Degree Domestic Assault
DISMISSED.

Possession of a Controlled Substance
DISMISSED.

Motion to Suppress
WON. No reasonable suspicion was found. DISMISSED.

Two Counts of 3rd Degree Domestic Assault
DISMISSED.

Felony Forgery and Stealing
DISMISSED.

Motion to Suppress
WON. No probable cause for arrest.

Class B Felony DWI
AMENDED to Class D with probation GRANTED.

Limited Driving Privilege
GRANTED on Five year revocation.

Passing a Bad Check
DISMISSED.

Limited Driving Privilege
GRANTED on Ten Year Revocation.

Class B Felony Possession with Intent to Distribute
PROBATION GRANTED.

Two Counts of 3rd Degree Domestic Assault
DISMISSED.

Criminal Defense

We handle criminal defense cases in Springfield, Missouri, and the surrounding counties. We handle felonies, misdemeanors, DWI and Drug Charges. We handle cases where an individual is accused of injuring another person. These charges include assault, domestic assault, and affray.

Felonies

We regularly handle felony cases in Greene County, Missouri. The cases we handle include assault, domestic assault, stealing, theft, drug charges (including possession, distribution, and possession with intent to distribute) and driving while intoxicated.

Burglary Lawyer Springfield MO

There are different degrees of burglary in Missouri. A burglary can range from a class B felony down to a class D felony. This creates a wide range of possible punishments. Additionally, possession of burglar’s tools is a class E felony. If you have been charged with burglary or possession of burglar’s tools, call us today for a free case analysis.

Burglary in the 1st Degree

This offense occurs when a person knowingly enters or remains in a building or a space that is suitable to live in and does so with the person to commit a criminal offense while in the building. This part of the offense is the same as Burglary in the 2nd degree. If one of the following requirements is also met, the offense becomes 1st-degree burglary:

the person is armed with either a deadly weapon or with explosives, OR there is someone present in the building or structure that is not involved in the crime (i.e. the homeowner), OR the person that is unlawfully in the building or structure causes or threatens immediate physical injury to a person that is not involved in the crime. This offense is a class B felony and carries a punishment of 5 to 15 years in the Department of Corrections (prison).

Burglary in the 2nd Degree

This offense occurs when a person knowingly enters or remains in a building or a space that is suitable to live in and does so with the person to commit a criminal offense while in the building.

This offense is a class D felony and carries a punishment of up to 7 years in the Department of Corrections (prison).

For the exact language of the statutes visit the Missouri website.

Forgery Lawyer Springfield MO

To be found guilty of forgery in Missouri, two things are generally required. First, the person charged must have the purpose to defraud.

What does the word defraud mean? It means to try to cheat or trick someone.

The second requirement may be met by any of the following:

1) making, completing, altering or authenticating a writing so that it purports to have been made by another or at another time or place or in a numbered sequence other than was, in fact, the case or with different terms or by authority of one who did not give such authority; or

2) erasing, obliterating or destroying any writing; or

3) making or altering anything other than a writing (i.e. receipts or universal product codes), to make the item appear to be a genuine item, an antiquity, rarity, ownership or authorship which it doesn’t have; or

4) uses as genuine, or possesses for the purpose of using as genuine, or transfers with the knowledge or belief that it will be used as genuine, any writing or other things including receipts and universal product codes, which the person knows has been made or altered in the manner described in this section.

Forgery is a Class D Felony in Missouri

Other Missouri statutes have precise charges for defrauding secured creditors or defrauding via false entries in the records of a financial institution. These statutes can be found here:

Driving While License Suspended Springfield MO

Driving when your license is revoked or suspended can cause some major problems. Missouri law places severe consequences on those that drive while their license is suspended or revoked.

Consequences of a Driving While Suspended or Revoked Conviction

Receiving 12 points on your license for a violation of the statute which will cause you to lose your license for a year. Potential Felony Charges for DWLS and DWLR: Under certain conditions (depending on how many prior Driving While Revoked or Suspended and/or Driving While Intoxicated priors you have), you could be charged with a Class D Felony of Driving While License Revoked or Driving While License suspended which carries with it a punishment of up to 4 years in the Missouri Department of Corrections and/or a fine.

Do not Drive a Motorized Bicycle without a Valid License

There is a common misconception that you don’t need a driver’s license to drive a moped. This is not true. You can be cited for driving with a suspended or revoked license even while driving a moped. Do not drive on a revoked or suspended license. If you have and have been cited with driving while license suspended or revoked, contact an experienced criminal lawyer. Call us today at 417-720-1098 for a free consultation.

For events occurring on or after January 1, 2017, call our office for a free consultation.

The current Missouri Statute regarding DWLS and DWLR is as follows:

302.321. 1. A person commits the offense of driving while revoked if such person operates a motor vehicle on a highway when such person’s license or driving privilege has been cancelled, suspended, or revoked under the laws of this state or any other state and acts with criminal negligence with respect to knowledge of the fact that such person’s driving privilege has been cancelled, suspended, or revoked. 2. Any person convicted of driving while revoked is guilty of a misdemeanor. A first violation of this section shall be punishable as a class D misdemeanor. A second or third violation of this section shall be punishable as a class A misdemeanor. Any person with no prior alcohol-related enforcement contacts as defined in section 302.525, convicted a fourth or subsequent time of driving while revoked or a county or municipal ordinance of driving while suspended or revoked where the defendant was represented by or waived the right to an attorney in writing, and where the prior three driving-while-revoked offenses occurred within ten years of the date of occurrence of the present offense; and any person with a prior alcohol-related enforcement contact as defined in section 302.525, convicted a third or subsequent time of driving while revoked or a county or municipal ordinance of driving while suspended or revoked where the defendant was represented by or waived the right to an attorney in writing, and where the prior two driving-while-revoked offenses occurred within ten years of the date of occurrence of the present offense and where the person received and served a sentence of ten days or more on such previous offenses is guilty of a class E felony. Except upon conviction as a first offense, no court shall suspend the imposition of sentence as to such a person nor sentence such person to pay a fine in lieu of a term of imprisonment, nor shall such person be eligible for parole or probation until such person has served a minimum of forty-eight consecutive hours of imprisonment, unless as a condition of such parole or probation, such person performs at least ten days involving at least forty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service. Driving while revoked is a class E felony on the second or subsequent conviction pursuant to section 577.010 or a fourth or subsequent conviction for any other offense. Prior pleas of guilty and prior findings of guilty shall be pleaded and proven in the same manner as required by section 558.021 For events occurring before January 1, 2017: 302.321. 1. A person commits the crime of driving while revoked if such person operates a motor vehicle on a highway when such person’s license or driving privilege has been cancelled, suspended, or revoked under the laws of this state or any other state and acts with criminal negligence with respect to knowledge of the fact that such person’s driving privilege has been cancelled, suspended, or revoked. 2. Any person convicted of driving while revoked is guilty of a misdemeanor. A first violation of this section shall be punishable by a fine not to exceed three hundred dollars. A second or third violation of this section shall be punishable by imprisonment in the county jail for a term not to exceed one year and/or a fine not to exceed one thousand dollars. Any person with no prior alcohol-related enforcement contacts as defined in section 302.525, convicted a fourth or subsequent time of driving while revoked or a county or municipal ordinance of driving while suspended or revoked where the defendant was represented by or waived the right to an attorney in writing, and where the prior three driving-while-revoked offenses occurred within ten years of the date of occurrence of the present offense; and any person with a prior alcohol-related enforcement contact as defined in section 302.525, convicted a third or subsequent time of driving while revoked or a county or municipal ordinance of driving while suspended or revoked where the defendant was represented by or waived the right to an attorney in writing, and where the prior two driving-while-revoked offenses occurred within ten years of the date of occurrence of the present offense and where the person received and served a sentence of ten days or more on such previous offenses is guilty of a class D felony. Except upon conviction as a first offense, no court shall suspend the imposition of sentence as to such a person nor sentence such person to pay a fine in lieu of a term of imprisonment, nor shall such person be eligible for parole or probation until such person has served a minimum of forty-eight consecutive hours of imprisonment, unless as a condition of such parole or probation, such person performs at least ten days involving at least forty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service. Driving while revoked is a class D felony on the second or subsequent conviction pursuant to section 577.010 or a fourth or subsequent conviction for any other offense. Prior pleas of guilty and prior findings of guilty shall be pleaded and proven in the same manner as required by section 558.021.

Murder Defense Lawyer

Call a Springfield, Missouri murder defense lawyer at 417-720-1098 for a free consultation.

Have you been charged with murder?

You need a lawyer that will work hard on your behalf.

Murder in the First Degree ( Missouri Revised Statute 565.020):

A person commits the crime of murder in the first degree if he knowingly causes the death of another person after deliberation upon the matter. Murder in the first degree is a class A felony, and the punishment shall be either death or imprisonment for life without eligibility for probation or parole or release except by act of the governor; except that, if a person has not reached his sixteenth birthday at the time of the commission of the crime, the punishment shall be imprisonment for life without eligibility for probation or parole or release except by act of the governor.

Murder in the Second Degree (Missouri Revised Statute 565.021):

1. A person commits the crime of murder in the second degree if he or she: (1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or (2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony. 2. The offense of murder in the second degree is a class A felony, and the punishment for second-degree murder shall be in addition to the punishment for the commission of a related felony or attempted felony, other than murder or manslaughter. 3. Notwithstanding section 556.046 and section 565.025, in any charge of murder in the second degree, the jury shall be instructed on, or, in a jury-waived trial, the judge shall consider, any and all of the subdivisions in subsection 1 of this section which are supported by the evidence and requested by one of the parties or the court. Call us today for a free consultation.

Missouri Robbery Defense Lawyer

If the charge of robbery you are facing was alleged to have occurred before January 1, 2017, please call me for more details as I do not have the relevant statute listed below. If the alleges occurred on or about January 1, 2017, please see below. Either way, feel free to call for more information and a free consultation.

Robbery Charges in Springfield Missouri

1st Degree Robbery:

Beginning January 1, 2017: 570.023. 1. A person commits the offense of robbery in the first degree if he or she forcibly steals property and in the course thereof he or she, or another participant in the offense: (1) Causes serious physical injury to any person; or (2) Is armed with a deadly weapon; or (3) Uses or threatens the immediate use of a dangerous instrument against any person; or (4) Displays or threatens the use of hat appears to be a deadly weapon or dangerous instrument; or (5) Steals any controlled substance from a pharmacy. 2. The offense of robbery in the first degree is a class A felony.

A class A felony carries a punishment of ten to thirty years in prison (the Missouri Department of Corrections).

2nd Degree Robbery:

Beginning January 1, 2017: 570.025. 1. A person commits the offense of robbery in the second degree if he or she forcibly steals property and in the course thereof causes physical injury to another person. 2. The offense of robbery in the second degree is a class B felony.

A class B Felony carries a range of punishment of five to fifteen years in the Missouri Department of Corrections.

Resisting an Arrest Defense in Missouri

Resisting or Interfering with an Arrest

This offense occurs when someone resists or interferes with either an arrest, a detention or a stop. The offender must either know or should know that the officer is arresting, attempting to lawfully detain the person or stop the person or the vehicle the person is in.

The resist occurs by the person using or threatening the use of violence or physical force or by the person fleeing from the officer.

An interference with an arrest, stop or detention relates to the person interfering with the arrest, stop or detention of someone other than the person interfering with the arrest, stop or detention. So what does that mean? That means that a person can be charged with interfering with an arrest if that person interferes with the officer arresting someone else. The same analysis would occur for a stop or detention.

If the person sees or should have seen emergency lights behind him or her and continues to operate a vehicle, there is a presumption that the person is fleeing and therefore resisting a stop.

It Is Not a Defense to Resisting if the Officer was Acting Unlawfully

According to the Missouri Statute, it is not a defense to resisting if the officer was acting unlawfully. The last time I checked in Springfield, Missouri’s Municipal Ordinances, this language was not included in the City Ordinances.

Consequences

Resisting or interfering with an arrest is a class E felony if the arrest is for a

Felony;

  • A warrant issued for failure to appear on a felony case; or
  • A warrant issued for a probation violation on a felony case.
  • Resisting or interfering with an arrest is a class E felony if the person fleeing causes a substantial risk of injury or death to a person.

According to the statute on resisting or interfering with an arrest, if none of the above conditions are met, resisting an arrest, detention or stop is a class A misdemeanor.

Misdemeanors

We handle all types of misdemeanor offenses in Springfield, Missouri.  This includes assault, stealing, drug charges and driving while intoxicated, to name a few.

Missouri Speeding Defense

Speeding tickets can cause you to get points on your license and cause your insurance rates to go up. If you have a speeding ticket, call us today for a FREE CONSULTATION.

Speeding Defense Lawyer

No Point Infraction

Speeding of five or fewer miles per hour over the speed limit is an infraction. No points are assessed on a person’s driving record for speeding of five or fewer miles over the posted speed limit.

Speeding Ticket with Points

Speeding of over five miles per hour causes points on your license (unless you qualify for a driver improvement program in lieu of points. Under municipal and county ordinances, a speeding conviction causes two points but under the Missouri State law, there are three points assessed.

Driver Improvement Program in Lieu of Points

In some situations, a defensive driving course may be taken to avoid points. A person can only do this once every three years and must complete the course within 60 days for it to qualify. If you are unsure if you can take a driver improvement program to avoid points with your ticket, contact an experienced attorney today and do so prior to pleading guilty as you need to know if you are eligible for this and how to request it before you accept a plea agreement. This option could still cause your insurance rates to increase. For information on the courses, contact me at 417-720-1098. Additionally, the Division of Transportation Safety has more information.

Speeding in a Work Zone

A ticket for speeding in a work zone is typically not amended and therefore can cause points in many instances. If you receive a ticket for this, take note and pictures if workers are not present.

Speeding in a School Zone

Speeding in a school zone is a charge that is not typically amended and therefore causes points in many cases. Take note of the time and date of your ticket in case the speed limit is different depending on different times of the day. If you would like more information regarding this type of ticket, please call 417-720-1098.

Commercial Driver’s License Issues

In Missouri, convictions for two major traffic violations that occur within a three year period can cause a disqualification of a commercial driver’s license. The date of the violations must be within three years for the disqualification to be triggered under this law. So, if a person had two convictions within three years but the violations were not within three years, the disqualification would not occur. Conversely, if the person had two traffic violations within three years but the convictions were not within three years of each other, the disqualification would still occur.

Speeding by more than 15 miles per hour is considered a major violation, even if it does not occur in a commercial vehicle.

No Masking for CDL holders

Missouri law does not allow a ticket to be masqued. So, a person that receives a speeding ticket for 15 miles per hour over the speed limit cannot have it amended to below 15 miles per hour over the speed limit. This law will also not allow for a point violation to be amended to a nonpoint violation. Further, the law applies to any traffic ticket received by a CDL holder whether the CDL holder is in a commercial vehicle when he or she receives the ticket or in their personal vehicle.

The law changes regularly and it is important to always get up-to-date information. If you have a question about any topics discussed above, feel free to call my office.

If you have a ticket not listed on this page, check out my other pages regarding misdemeanor and felony offenses for more information regarding it and feel free to call me for a free consultation.

For an in-depth explanation of points assessed per charge, check out the Missouri Department of Revenue form 899.

Suspended Imposition of Sentence

A suspended imposition of sentence (S.I.S.) is a type of probation where no conviction occurs and therefore no points are assessed on a driver’s license. This can either be a supervised or unsupervised probation status. The suspended imposition of sentence, while resulting in no points, is still a plea or finding of guilt. Government agencies can still see that there is a plea or finding of guilt.

Speeder’s Payback

Speeder’s payback is a program that requires community service. This is sometimes required when someone receives a suspended imposition of sentence.

Personal Injury

We handle personal injury cases including car wreck, truck wreck, motorcycle and bicycle wrecks and slip and fall cases.

Additional Criminal Defense

SATOP Assessment Review

Did you know that there is a way to petition the court for a review of a Substance Abuse Traffic Offender Program (SATOP) assessment assignment recommendation? Call us today if you would like to discuss this with our attorney. We handle petitions for review of S.A.T.O.P. assessment assignment recommendations in Greene County, Missouri. Let us help you with this process.

Tampering Charge in Missouri

Types of Tampering Charges

There are different levels of tampering charges. Five statutes are prevalent. They are:

Tampering in the 1st Degree (569.080) – A class D Felony

Tampering in the 2nd Degree (569.090) – Depending on the circumstances, this can be filed as:

  • a class A misdemeanor (range of punishment: 1 day to 1 year in jail)
  • a class E felony (range of punishment: up to 4 years in prison)
  • a class D felony (range of punishment: up to 7 years in prison)

Tampering with Computer Data (569.095)

  • a class a misdemeanor, OR
  • a class E felony if the offense is committed via a scheme or artifice to defraud or to obtain any property with the value of said property being $750 or more.

Tampering with Computer Equipment (569.097)

  • a class a misdemeanor, OR
  • a class D or E felony depending on the circumstances.

Tampering with Computer Users (569.099)

  • a class a misdemeanor, OR
  • a class E felony if the offense is committed via a scheme or artifice to defraud or to obtain any property with the value of said property being $750 or more.

Tampering with a Motor Vehicle

Tampering with a Motor Vehicle may be charged as 1st or 2nd Degree Tampering depending on the circumstances. This is a synopsis and direct links are provided above for the relevant statutes.

1st Degree tampering includes:

  • Having the purpose to cause a substantial interruption or impairment of a service provided to the public by a utility or institution that provides health or safety protection and damaging or tampering with property or facilities of the utility or institution, causing substantial interruption or impairment to the service; OR
  • knowing that there is no consent given, receiving, possessing, selling or unlawfully operating an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicles without the consent of the owner; OR
  • where the person has received, possessed, sold, or operated an automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicles unlawfully on a separate occasion; OR
  • acquired any of the items in paragraph three for a consideration which the person knows is far below its reasonable value.

2nd Degree tampering includes:

  • Tampering with property to cause a substantial inconvenience to someone; OR
  • unlawfully riding in someone’s automobile, airplane, motorcycle, motorboat or any other motor-propelled vehicle; OR
  • tampering with or making a connection with the property of a utility; OR
  • tampering with any meter or other property belonging to a utility (including electric, gas, steam or water) and where the effect of the tampering is to either prevent the measuring of it or permit the diversion of it.

Leaving the Scene of an Accident

If someone has accused you of leaving the scene of an accident, contact a former prosecutor today. Call today for a FREE CONSULTATION and SPEAK DIRECTLY WITH AN ATTORNEY.

Leaving the Scene of an Accident Defense

Felony or Misdemeanor Leaving the Scene of an Accident:

Leaving the Scene of an accident may be a felony or misdemeanor. Either way, it can have dramatic consequences on your driver’s license and your ability to obtain a limited driving privilege.

The Missouri Statute on Leaving the Scene of an Accident for events that allegedly occurred on or after January 1, 2017, is as follows:

Leaving the scene of an accident 577.060. 1. A person commits the offense of leaving the scene of an accident when: (1) Being the operator of a vehicle or a vessel involved in an accident resulting in injury or death or damage to property of another person; and (2) Having knowledge of such accident he or she leaves the place of the injury, damage or accident without stopping and giving the following information to the other party or to a law enforcement officer, or if no law enforcement officer is in the vicinity, then to the nearest law enforcement agency: (a) His or her name; (b) His or her residence, including city and street number; (c) The registration or license number for his or her vehicle or vessel; and (d) His or her operator’s license number, if any. 2. For the purposes of this section, all law enforcement officers shall have jurisdiction, when invited by an injured person, to enter the premises of any privately owned property for the purpose of investigating an accident and performing all necessary duties regarding such accident. 3. The offense of leaving the scene of an accident is: (1) A class A misdemeanor; or (2) A class E felony if: (a) Physical injury was caused to another party; or (b) Damage in excess of one thousand dollars was caused to the property of another person; or (c) The defendant has previously been found guilty of any offense in violation of this section; or committed in another jurisdiction which, if committed in this state, would be a violation of an offense of this section. 4. A law enforcement officer who investigates or receives information of an accident involving an all-terrain vehicle and also involving the loss of life or serious physical injury shall make a written report of the investigation or information received and such additional facts relating to the accident as may come to his or her knowledge, mail the information to the department of public safety, and keep a record thereof in his or her office. 5. The provisions of this section shall not apply to the operation of all-terrain vehicles when property damage is sustained in sanctioned all-terrain vehicle races, derbies, and rallies.

The Springfield Missouri Police Department has a webpage with more information on leaving the scene of an accident.

Bail in Missouri

How does Bail Work? A Former Greene County Prosecutor Explains

How is the Bail Amount Determined?

The judge determines the amount of bail. The prosecutor will usually give a recommendation but the amount is up to the judge. Things that affect the amount are if the person is a flight risk or is believed to be a danger to the community.

A flight risk is someone that may avoid going to court by leaving town or hiding. Various factors can be considered in determining if someone is a flight risk. These include if they have family in the area or have a permanent residence in the area. These factors are relevant to if the person will show up to court. The Judge may consider if the person has a history of failing to show up to court.

Like being a flight risk, a Judge will consider if the person is a danger to the community. A person may be considered a danger to the community if they are accused of a violent crime such as assault. Other considerations include prior cases against the person.

How May the Bail Bond be Posted?

Generally, bail is listed as cash or surety.

A cash bond is one that is paid in full.

A surety bond is one that uses a surety (this is generally 10% of the bond amount) and is paid to a bail bondsperson. This amount is collected by the bondsperson as a fee. If the person violates the conditions of release (including failing to show up for court), the bondsperson will take the person to the jail.

An open court bond is one that must be made in a manner that requires the person charged to appear in court to post the bond. This allows the Judge to state bond conditions verbally to the person charged.

Making Phone Calls

Greene County allows inmates to make phone calls from 9 a.m. to 11 a.m., 1 p.m. to 4 p.m. and 8 p.m. to 11 p.m.

Information on visiting an inmate in Greene County

Receiving Stolen Property Charges in Springfield, MO

Receiving Stolen Property Defense Lawyer

Receiving stolen property. 570.080.

1. A person commits the crime of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein, he or she receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen. 2. Evidence of the following is admissible in any criminal prosecution pursuant to this section to prove the requisite knowledge or belief of the alleged receiver: (1) That he or she was found in possession or control of other property stolen on separate occasions from two or more persons; (2) That he or she received other stolen property in another transaction within the year preceding the transaction charged; (3) That he or she acquired the stolen property for a consideration which he or she knew was far below its reasonable value; (4) That he or she obtained control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce a person to believe the property was stolen. 3. Except as otherwise provided in subsections 4 and 5 of this section, receiving stolen property is a class A misdemeanor. 4. Receiving stolen property is a class C felony if: (1) The value of the property or services appropriated is five hundred dollars or more but less than twenty-five thousand dollars; (2) The property has been physically taken from the person of the victim; or (3) The property appropriated includes: (a) Any motor vehicle, watercraft, or aircraft; (b) Any will or unrecorded deed affecting real property; (c) Any credit card or letter of credit; (d) Any firearm; (e) Any explosive weapon as that term is defined in section 571.010; (f) A United States national flag designed, intended, and used for display on buildings or stationary flagstaffs in the open; (g) Any original copy of an act, bill, or resolution, introduced or acted upon by the legislature of the state of Missouri; (h) Any pleading, notice, judgment, or any other record or entry of any court of this state, any other state, or of the United States; (i) Any book of registration or list of voters required by chapter 115; (j) Any animal considered livestock as that term is defined in section 144.010; (k) Any live fish raised for commercial sale with a value of seventy-five dollars or more; (l) Any captive wildlife held under permit issued by the conservation commission; (m) Any controlled substance as that term is defined in section 195.010; (n) Anhydrous ammonia; (o) Ammonium nitrate; or (p) Any document of historical significance which has a fair market value of five hundred dollars or more. 5. The receipt of any item of property or services pursuant to subsection 4 of this section which exceeds five hundred dollars may be considered a separate felony and may be charged in separate counts. 6. Any person who previously has been found guilty of, or pled guilty to, receiving stolen property, when the property is of the kind described under paragraph (j) or (l) of subdivision (3) of subsection 4 of this section and the value of the animal or animals received exceeds three thousand dollars, is guilty of a class B felony. Such person shall serve a minimum prison term of not less than eighty percent of his or her sentence before being eligible for probation, parole, conditional release, or other early releases by the department of corrections. 7. Receiving stolen property is a class B felony if the value of the property or services equals or exceeds twenty-five thousand dollars.

Probation Violation Springfield MO

Probation Violation Hearing

Probation may be given in most felony and misdemeanor cases in Missouri. Probation can be supervised or unsupervised. Conditions of probation are utilized during probation.

Typical Conditions of Unsupervised Probation

Typical conditions of unsupervised probation in a Greene County misdemeanor case include the following:

1. Defendant shall obey all federal and state laws and municipal and county ordinances.

2. Defendant shall not associate with any person who has been convicted of a felony or misdemeanor.

3. Defendant shall not possess or use any controlled substance except as prescribed for him or her by a licensed medical practitioner.

4. Defendant shall submit to a blood-alcohol test when requested by any law enforcement officer.

5. Defendant shall not operate any vehicle including watercraft after consuming any alcohol.

6. Defendant shall comply with all requirements or special conditions of probation contained in the attached judgment form (Greene County will include a judgment form that includes other requirements).

7. Fine and/or cost shall be paid in full in the time allotted by the Court.

Typical Conditions of Supervised Probation

Typical conditions of supervised probation in a Greene County misdemeanor case include the following:

1. LAWS: Defendant shall obey all federal and state laws, municipal and county ordinances. Defendant shall report all arrests and law enforcement contacts to the CASP Probation Supervisor within 48 Hours.

2. TRAVEL: Defendant shall obtain advance permission from the CASP Probation Supervisor before leaving the state or defendant’s place of residence for more than one week.

3. RESIDENCY: Defendant shall notify the CASP Probation Supervisor of any residency and/or telephone number changes within 48 Hours.

4. EMPLOYMENT: Defendant shall maintain employment unless in a specific program approved by the CASP Probation Supervisor. The defendant will notify CASP Probation Supervisor of any employment changes within 48 Hours.

5. ASSOCIATION: Defendant shall not associate with any person who has been convicted of or placed on probation for a felony or misdemeanor. It shall be the Defendant’s responsibility to know with whom he/she is associating.

6. DRUGS: Defendant shall not possess or use any controlled substance except as prescribed for him or her by a licensed medical practitioner

7. WEAPONS: Defendant shall follow all directives of the CASP Probation Supervisor regarding possession or access to weapons.

8. REPORTING DIRECTIVES: A) Defendant shall report as directed to the CASP Supervision Unit within 48 hours of this order is entered. B) Defendant shall abide by all directives given by the CASP Supervision Unit. C) FEES: Defendant shall pay the fees charged by the CASP Supervision Unit for its monitoring of the probation term.

9. Special Conditions. These vary.

Probation Violations

What is a probation violation? A probation violation occurs when a defendant violates the terms of their probation. This may cause the prosecutor to file a motion to revoke probation. If you have received a Motion to Revoke Probation and to Toll Probation Period, you should consult with an attorney.

Generally, you may have a hearing regarding whether you violated the conditions or can also admit the violation(s) and argue to keep the type of probation you currently have. This is your decision to make but it is wise to consult with an attorney.

Violation of an Order of Protection Charge in Missouri

Violation of an Order of Protection in Missouri

What is an Order of Protection?

For a violation of an order of protection to occur, there must be an order of protection. An order of protection starts with someone filing for protection from another person. This request for an order of protection is either granted until a hearing is held on the matter, is denied until a hearing is held on the matter or denied with no hearing set.

If you have been served with an order of protection, read over the entire document and follow the order. Make sure you understand the order so you do not violate it. It is a good idea to contact an experienced attorney if you have any questions about the order and many lawyers offer a free consultation.

The person that the order is filed against is served with a copy of the filing and given a date to appear for a hearing on the matter. An order of protection is usually in effect until this court date and may be extended until the final hearing on the matter. The person that was served with the order of protection may agree to the order of protection or request a hearing on the matter. If the person either agrees to the order or loses the hearing, the order of protection will be in effect for the amount of time stated by the Judge which is between 180 days and one year. It may be extended past that date.

Click here for a Petition for Order of Protection for an Adult. This version was last updated by the Missouri Court’s website on 12/29/16 so make sure it is the current version.

Violation of an Order of Protection:

Failure to follow the court order could result in a charge for violation of an order of protection. This is a criminal charge and carries severe consequences.

Arrest for Violation of an Order of Protection:

If you violate the order, you may be arrested.

Information Regarding Orders of Protection:

Information for both parties regarding orders of protection can be found at the Missouri Courts website.

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