The Importance of Having A Will

Having a will is arguably one of the most important things you can do for yourself and your family. Not only can a will legally protect your spouse, children, and assets, it can also spell out exactly how you would like things handled after you have passed on.  Whether it is choices about your health care, finances or children, the Missouri Will and Estates Attorneys at Boehmer Law can help you get a peace of mind about your future needs.  Our initial consultations are always free so please call 636-896-4020 today.

While everyone who has a Will or Estate, here are some important reasons to plan for your future:

• You decide how your estate will be distributed. A will is a legally-binding document that lets you determine how you would like your estate to be handled upon your death. If you die without a will, there is no guarantee that your intended desires will be carried out. Having a will helps minimize any family fights about your estate that may arise, and also determines the “who, what, and when” of your estate.
• Your wishes are made known on who will take care of your minor children. A will allows you to make an informed decision about who should take care of your minor children. Absent a will, the court may take it upon itself to choose among family members or a state-appointed guardian. Having a will allows you to appoint the person you want to raise your children or, better, make sure it is not someone you do not want to raise your children.
• To avoid a lengthy probate process. All estates must go through the probate process, with or without a will. Having a will, however, speeds up the probate process and informs the court how you’d like your estate divided.
• Minimize estate taxes. Another reason to have a will is because it allows you to minimize your estate taxes.
• You decide who will wind up the affairs of your estate. Executors make sure all your affairs are in order, including paying off bills, canceling your credit cards, and notifying the bank and other business establishments. Because executors play the biggest role in the administration of your estate, you’ll want to be sure to appoint someone who is honest, trustworthy, and organized (which may or may not always be a family member). You will want to discuss the role and responsibility of whomever you choose to be the executor to ensure they are willing and able to do the job.
• Avoid greater legal challenges. If you die without a will, part or all of your estate may pass to someone you did not intend. 
• Because you can change your mind if your life circumstances change. A good reason for having a will is that you can change it at any time while you’re still alive. Life changes, such as births, deaths, and divorce, can create situations where changing your will are necessary.

Talk to an Attorney About the Reasons You Should Have a Will
Please contact our Estate Planning Attorneys at Boehmer Law, let us help you plan for your future.   Your initial consultation is free, and the St. Charles, MO Estate Planning Attorney can help walk you through the process.  Please call 636-896-4020 today.

Fun 4th of July Facts

Happy Independence Day America!  At Boehmer Law, your full service law firm in St. Charles, MO…we hope you and your families have a safe and fun filled holiday.  We also thank all the men and women who help keep our country free and safe and know we appreciate your service to our great country.  God Bless the USA!

While we celebrate Independence Day on July 4th, that is actually not the birth of America. Congress ruled in favor of independence on July 2, 1776. John Adams even wrote home to Abigail saying that this day (July 2nd) will go down in history and celebrated. It wasn’t until July 4th that Congress accepted Jefferson’s declaration. Therefore that day was marked as America’s birthday. So, hey, go ahead and start celebrating early!

 
America started celebrating the 4th of July as early as 1777. There was a parade and a 13-cannon salute in Philadelphia to honor the holiday. However, it wasn’t officially made a holiday until 1870 when Congress passed a bill to recognize major state holidays on a federal level. They also recognized Christmas and New Year’s Day in the same bill.
In July 1776 the population in the United States was 2.5 million. As of June 2016, the population has increased to 323 million.

 
The average age of the Signers of the Declaration of Independence was 45. The youngest was Thomas Lynch who was 27 and the oldest was Benjamin Franklin who was 70. The lead author of the document, Thomas Jefferson, was only 33.
It is estimated that around 155 million hot dogs are consumed in America on the 4th of July making it the largest hot dog holiday.

 
John Adams and Thomas Jefferson both died on July 4, 1826.

 
The Liberty Bell rings 13 times every Independence Day to honor the 13 original states. Descendants of people who signed the Declaration of Independence tap the bell, located in Philadelphia, Pennsylvania, at 2 p.m. eastern time every 4th of July.

 
The very first 4th of July fireworks show took place in Philadelphia in 1777. Fireworks, canons, and bells all went off to honor the 13 original states. Much like modern celebrations, they even had a dinner and parade for the Declaration of Independence’s first anniversary.

The choice of an attorney is an important one and should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

Speaking to Law Enforcement

At Boehmer Law, our Missouri criminal attorneys have handled thousands of criminal cases from speeding tickets, drug charges, sex charges, violent crimes, and even murder charges.  Whether you are in your car, in a public place, or in your home, how you speak, move, and act can make a big difference in how your interaction with Law Enforcement can or will go.

  Here are some ideas we find useful and hope can help you if you ever find yourself in the situation.

• Be cooperative and respectful. Officers have discretion in whether they arrest you for certain offenses. One way to find yourself in handcuffs is to be combative, disrespectful, or rude.  “Please”, “Yes ma’am”, “No Sir”, etc are all phrases that let the officer know you respect their authority and want to cooperate. 

• Remain calm at all times. Interacting with a police officer can be a stressful situation. Some nervousness is to be expected. However, nervous behaviors could be viewed as incriminating evidence.  Do not attempt to walk away unless you are instructed that you are free to go.

• Do not make any sudden movements. The officer doesn't know anything about you, so it's fair for him/her to assume you're armed with a dangerous weapon.  Do not reach for your purse, glove box, console, waist band or pockets without asking permission.  Many times it is best to say something like “Sir, my ID is in my wallet in my back pocket, may I get it?” or “Ma’am, my insurance card is in my purse, may I get it?”.  They may agree, or they may get it themselves—be calm and compliant. 

• You do not have to consent to a search. Without your consent, an officer typically needs a warrant or probable cause to conduct a search. If you consent, you're essentially waiving your Fourth Amendment right.  If you refuse, be polite and firm that you do not give your consent.

• Request an attorney. If an officer subjects you to a custodial interrogation, request an attorney. This limits law enforcement's ability to initiate questioning.

• Are you free to leave?  The easiest way to determine whether you're being detained is to ask the officer if you are free to leave area. If the officer says yes, immediately leave and say nothing else. If the officer says no, then the officer believes that he/she has reasonable suspicion to believe that you committed a crime.

• You do not have to incriminate yourself. If an officer asks you an incriminating question, the best answer may be no answer at all. Respectfully and calmly invoke the Fifth Amendment.  Anything you say can be used against you. 

• You do not have to waive your Miranda rights. This means you do not have to sign a Miranda waiver form or make any statements.

If you or a loved one has been arrested or you need legal help with being questioned by law enforcement, please call Boehmer Law at 636-896-4020 immediately.  Talk with us before you answer questions—the less said, the better off you are.  We offer free initial consultations so do not wait—let the criminal attorneys at Boehmer Law get fighting for you!

The choice of an attorney is an important one and should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

Appealing a Missouri Conviction

When a defendant is found guilty in a criminal case, there are several options available to provide the defendant relief. However, many of these options are highly time-sensitive, thus it is crucial that you contact Boehmer Law to speak with our Missouri Appeals Attorney immediately after your conviction. A successful appeal can result in an acquittal or provide a new trial. Having argued cases before the Supreme Court and Court of Appeals of Missouri, the criminal defense attorneys at Boehmer Law can confidently explain the appeal process and provide you with an honest opinion of the merits of your appeal.

Direct Appeal
After a defendant is convicted and sentenced by the judge, the defendant has 10 days to file a notice of appeal in the sentencing court. Thereafter, the case is docketed in the appropriate appellate court. The defendant's lawyer has the responsibility of preparing the Record on Appeal and filing it in the court of appeals within 90 days. The Record on Appeal consists of the transcript of the trial and the legal file, which are all relevant dockets from the circuit court's file. The legal file usually includes the charging document, motions, jury instructions, and the formal judgment.

After the Record on Appeal is filed, the defendant (“appellant”) has 60 days to file an appellate brief. The appellate brief outlines the trial court’s error(s) that warrants a new trial for the appellant. The State of Missouri (“respondent”) then has 30 days to file its respondent’s brief. The appellant is then provided 15 days to file a reply brief. After the case is briefed, the case is docketed before a three-judge panel in the Court of Appeals for oral argument where each party is permitted to argue the merits of their brief. A written opinion is usually issued approximately 60-90 days after oral argument.

Post-conviction Appeal
A Missouri prisoner in custody must file a Form 40 within 90 days after the direct appeal is final to institute a Rule 29.15 or 24.035 proceeding challenging his conviction and sentence. A Rule 29. 15 motion is used when the defendant was found guilty after a trial. A Rule 24.035 motion is used when the defendant entered a guilty plea. If the defendant did not utilize his right to a direct appeal, the defendant must file the motion 180 days from the later of: (1) The date the person is delivered to the custody of the department of corrections; or (2) The date the new judgment or sentence was final for purposes of appeal. A Rule 29.15 and 24.035 motion argues that the conviction or sentence imposed violates the constitution and laws of this state or the constitution of the United States, including claims of ineffective assistance of trial and appellate counsel, that the court imposing the sentence was without jurisdiction to do so, or that the sentence imposed was in excess of the maximum sentence authorized by law. Counsel will request an evidentiary hearing, and if granted will have the opportunity to call witnesses.

Please call Boehmer Law today at 636-896-4020 today to speak with one of our St. Charles, MO appeals attorneys in a free initial consultation appointment.

The choice of an attorney is an important one and should not be based solely on advertising. You should consult an attorney for advice regarding your individual situation.

Missouri’s Attorney, Eric Boehmer Awarded Top Award for Criminal Law Attorney

PRESS RELEASE

Eric Boehmer of Boehmer Law is named one of 2019 AIOFLA’S 10 Best Criminal Law Attorneys in Missouri For Client Satisfaction—4^th Consecutive Year.

The American Institute of Criminal Law Attorneys has recognized the exceptional performance of Missouri’s Criminal Law Attorney, Eric Boehmer of Boehmer Law as 2019 10 Best Criminal Law Attorney  for Client Satisfaction.

The American Institute of Criminal Law Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 Criminal Attorneys in each state. Attorneys who are selected to the “10 Best” list must pass AIOFLA’s rigorous selection process, which is based on client and/or peer nominations, thorough research and AIOFLA’s independent evaluation. AIOFLA’s annual list was created to be used as a resource for clients during the attorney selection process.
One of the most significant aspects of the selection process involves attorney’s relationships and reputation among his or her clients. As clients should be an attorney’s top priority, AIOFLA places the utmost emphasis on selecting lawyers who have achieved significant as an attorney without sacrificing the service and support they provide. Selection criteria therefore focus on attorneys who demonstrate the highest standards of Client Satisfaction.

We congratulate Missouri Attorney, Eric Boehmer on this achievement and we are honored to have him as a 2019 AIOFLA Member.

You can contact Boehmer Law at: 636-896-4020 or https://www.boehmerlaw.com.

The choice of an attorney is an important one and should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

Missouri's Boehmer Law Firm Awarded Top Award for Family Law

PRESS RELEASE

Boehmer Law Has Been Nominated and Accepted as 2019 AIOFLA’S
10 Best in Missouri For Client Satisfaction

The American Institute of Family Law Attorneys has recognized the exceptional performance of Missouri's Family Law Firm of Boehmer Law as 2019 10 Best Family Law Firm for Client Satisfaction.

The American Institute of Family Law Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 Family Law Attorneys in each state. Attorneys who are selected to the "10 Best" list must pass AIOFLA's rigorous selection process, which is based on client and/or peer nominations, thorough research and AIOFLA’s independent evaluation. AIOFLA's annual list was created to be used as a resource for clients during the attorney selection process.

One of the most significant aspects of the selection process involves attorney’s relationships and reputation among his or her clients. As clients should be an attorney's top priority, AIOFLA places the utmost emphasis on selecting lawyers who have achieved significant success in the field of Family Law without sacrificing the service and support they provide. Selection criteria therefore focus on attorneys who demonstrate the highest standards of Client Satisfaction.
We congratulate Boehmer Law on this achievement and we are honored to have him as a 2019 AIOFLA Member.

You can contact Boehmer Law at: 636-896-4020 or https://www.boehmerlaw.com.

The choice of an attorney is an important one and should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation

Missouri Misdemeanor Crimes

A misdemeanor crime is less serious than a felony.  Misdemeanor crimes usually are differentiated from felonies by the seriousness of injury caused to another person, the cash value of property taken, or the amount of drugs in a person’s possession and whether there is proof of intent to sell or distribute those drugs. Missouri categorizes misdemeanors into different classes.  These charges can include failing to have a fishing license, illegal sales by peddler, falsifying report or withholding information regarding an investigation, misusing 911 services, to violation of endangered species law.  No matter what the charges, the Missouri criminal attorneys at Boehmer Law can help you with your misdemeanor charges.

POSSIBLE FINES AND JAIL TIME

Class A Misdemeanors – up to one year in jail or a fine up to $2,000, or both.
Class B Misdemeanors – up to six months in jail fine up to $1,000.
Class C Misdemeanors – up to fifteen days in jail a fine of up to $750.
Class D misdemeanor- $500
Infraction- $400
Note:  If the person has gained money or property through the commission of the offense, to pay an amount, fixed by the court, not exceeding double the amount of the person's gain from the commission of the offense.

If your case goes to trial note that if the jury agrees upon a verdict of guilty but fails to agree upon the punishment or does not assess such punishment by its verdict the court shall assess and declare the punishment and render judgment accordingly. Where the jury finds a verdict of guilty and assesses a punishment not authorized by law, or under a plea of guilty, or there is a finding of guilt in a non-jury case, the court shall assess and declare the punishment.  If the jury assesses a punishment below the limit prescribed by law for the offense of which the defendant is convicted the court shall pronounce sentence and render judgment according to the lowest limit prescribed by law. The court shall have power to reduce the punishment within the statutory limits prescribed for the offense if it finds that the punishment is excessive.

The Importance of Great Legal Representation

A conviction for a misdemeanor crime in Missouri can become part of your permanent criminal record. If you are convicted later of another crime, the court could see your prior conviction and impose a harsher sentence in the new case. A conviction for even a minor crime can hurt you when you are looking for a job, applying to rent a house or apartment, looking to volunteer at your child’s school, or  applying for any type of professional license.
An experienced attorney like the Missouri Criminal attorneys at Boehmer Law can review your Missouri misdemeanor charges and discuss whether you have any grounds for dismissal of the charges against you, explore plea options, or represent you at trial. Our attorneys are very familiar with the Missouri criminal court systems.  When you hire Boehmer Law, a knowledgeable attorney will assist you in making decisions about your case, and protect your rights.  Call Boehmer Law today at 636-896-4020 for your free case consultation and let us get starting fighting for you!

The choice of an attorney is an important one and should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

Getting Help in Missouri to Lower My Bond

What is a Bail Bond?

Simply put, a bail bond is a condition set with a sum of money to be placed with the courts that grants a temporary release of an arrested and accused person awaiting trial to guarantee that person’s appearance in court for legal proceedings.   If you have questions, you can call one of our St. Charles Lawyers to walk you through the process at 636-896-4020.

How Do Bond Reductions Work?

Depending on the seriousness of charges or previous legal history, a bail bond can be set at a very high price.  When defendants cannot make bail, sometimes they need to seek a bond reduction concerning the pending charges against them.  The first step in seeking a bond reduction is to work with your criminal defense attorney to file a motion—typically a “motion for bond reduction” to lower the bail. You and your attorney may also need to file additional motions to continue to lower the bail to a reasonable amount; for example, 10 percent of the original amount in order to ensure that you or a loved one are able to get out of jail. Whether or not a judge approves additional bail reductions depends upon the circumstances of the case and the prosecutor’s actions.

Requirements for Bond Reduction and the Hearing

When you hire the St. Charles Criminal Attorneys at BoehmerLaw, we will work with you on a very specific strategy as to what to present at your bond reduction hearing.  We will discuss the over all process, what is needed, and who may need to testify (if necessary) on your behalf.  We will keep you updated throughout the process and give you a realistic opinion on what to expect.

Missouri Bond Reduction Attorneys

If you have been charged with a crime, your bail could be set at an overwhelming amount, such as $25,000. Making bail and being released can be crucial in order to properly build your defense with your attorney and get you back to work as soon as possible.  At Boehmer Law, we aggressively work with our Missouri clients to help them obtain a bond reduction to guarantee their release. Contact us today to find out more at 636-896-4020.  We offer free initial consultations to review your circumstances. 

The choice of an attorney is an important one and should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.