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.