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 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.

Crime Statistics in Missouri

At Boehmer Law, our criminal attorneys have the experience and knowledge to help you with any criminal misdemeanors or felonies on either a local or federal level.  We handle Missouri criminal legal matters like warrant recalls, bond reductions, sexual assault, tickets, drug charges and homicide cases.  Our team of criminal attorneys will sit down with you and discuss the details of your case and discuss how to best fight the charges you are facing.   We are not afraid to take your case to trial if we need to.  Many attorneys just want to settle because they do not have the experience and knowledge to go to trial.

At Boehmer Law, we offer a free consultation to discuss your case so please call 636-896-4020 today.  Let us get fighting for you.  Remember, call and speak with one of our attorneys before you speak with law enforcement.  Anything you say can be used against you in your legal matters.

Missouri Criminal Statistics:

Are you interested in criminal statistics for the state of Missouri such as, how many people were arrested?  How many reported murders, burglaries, or aggravated occurred in 2017.  Here is a link for the full report from the Missouri State Highway Patrol for 2017:  http://www.mshp.dps.missouri.gov/MSHPWeb/SAC/CIM/PDF/ExecutiveSummary2017.pdf

Here are a few highlights:

Arrests:  Law enforcement agencies reported a total of 243,387 arrests in 2017. This is approximately a 2.3% decrease compared to 2016, and a 15.4% decrease compared to 2013.[1]

Murder:  Murder is the least occurring offense of all index offenses but is one for the most concerning with the public. In 2017, 594 murders occurred in Missouri, producing a rate of 9.7 per 100,000 persons. The murder rate increased approximately 10.7% compared to 2016 and has also increased about 59.1% compared to 2013.

Rape:  In 2017, 2,713 rape offenses occurred in Missouri, which is an increase from the 2,543 rape offenses in 2016. The rape rate of 44.4 per 100,000 persons in 2017 is an increase of about 6.3% compared to 2016.

Robbery: In 2017, there were 6,347 robberies and a rate of 103.8 per 100,000 persons. This rate decreased about 3.6% compared to 2016.

Aggravated Assault: The most frequent violent index offense during 2017 was aggravated assault with 22,665 offenses. These offenses constituted 70.1% of violent index offenses and 11.0% of all index offenses. Likewise, aggravated assault has the highest rate of violent index offenses, with a rate of 370.7 per 100,000 persons. This rate is a 3.1% increase compared to 2016. The aggravated assault rate has increased about 24.2% since 2013.

Motor Vehicle Theft: With 19,885 offenses, motor vehicle thefts constituted 11.4% of property index offenses and 9.7% of all index offenses in 2017. Of all motor vehicle thefts, 69.4% of the stolen vehicles were automobiles and 19.3% were trucks and buses. The motor vehicle theft rate in 2017 was 325.3 per 100,000 persons, which is an increase of about 8.6% compared to 2016 and an increase of about 21.5% compared to 2013.

Please call 636-896-4020 for the criminal lawyers in Missouri of Boehmer Law to get your free consultation today.  We are ready to get fighting for you!

[1] MSHP Crime in Missouri 2017 Executive Summary, August 2018

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. 

I Am Getting Pulled Over--What Now?

Missouri Law states that when you see law enforcement with lights flashing and approaching, a motorist is to pull as far as possible to the right of the traveled portion of the highway and stop when a police car approaches displaying emergency equipment. The motorist must remain stopped until the patrol car has passed, or a police officer directs them otherwise to pull to the side of the road. When you see flashing red and blue lights on a patrol car, don’t panic or try to outrun the police. Simply slow down, signal your intention to turn onto the right shoulder, and drive off the roadway to the right as far as is safe and place your car in park. It is important that neither you or any of your passengers make any sudden or undirected movements that may cause alarm.   Remember—law enforcement does not know who you are or what your intentions are.  You may not get the benefit of the doubt—so always remain calm, respectful, and hands in sight.  Remind your passengers to do the same.

After clarification as to why you were pulled over, the police may ask for your driver’s license, vehicle registration, and proof of insurance identification card. While the trooper is approaching your vehicle, DO NOT attempt to reach under your seat, into a glove compartment, into a console, or any other place hidden from the trooper’s view. If you are asked to exit your car, always keep your hands in plain view of the trooper. If a traffic ticket is issued by the officer, please maintain a polite and cooperative attitude. Do not attempt to debate the traffic ticket on the side of the road. You can hire a traffic attorney to help handle the case in the court systems.

Should I sign the ticket?

A traffic ticket is a legal document issued by troopers for traffic violations. A space for your signature is provided near the bottom of the traffic ticket. By signing the ticket, you are not admitting guilt. Your signature only recognizes receipt of the traffic ticket and your agreement to appear in court on the given court date, or that you will contact the court prior to the court date for disposal of the case.  Your attorney can do this for you.  Refusing to sign the traffic ticket does not eliminate your obligation to appear in court. Once the trooper gives you a copy of the traffic ticket, you have been served a summons (subpoena) to appear in that jurisdiction’s court. Failure to appear on your scheduled court date is a violation of law and may result in additional charges being filed against you and/or your driver’s license being suspended and/or a warrant for your arrest to be issued.  In nearly all court cases where a fine is imposed, court costs must be paid. No fines are collected roadside at the time of the ticket being issued.   If you lose your copy of the ticket you must contact the associate circuit court of the county in which the ticket was written. It is the responsibility of the violator to handle all traffic tickets in a timely manner.

If you received a speeding ticket in Missouri, call Boehmer Law at 636-896-4020 to see how we can help you.  We have handled numerous tickets, and we know how to help you. Most of the time, we can handle everything over the phone in one call.  We try to make this as easy as possible for you and will let you know everything you will need on the phone. 

 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.

Bond Reductions in Missouri

Getting a Bond Reduction Attorney in St. Charles, MO

If you were arrested and were issued an amount for bond—this can be very expensive and confusing.  By using the services of bond reduction attorneys of Boehmer Law in St. Charles, MO, a reduction hearing could help reduce those costs.  When someone is arrested for a criminal offense and jailed, the court frequently requires a payment (bond or bail)  if the accused wants to get out of jail before the trial. The payment, known as the bond, is set to make sure the accused does not leave down and also shows up to court for their trial. The cost of the bond that is set varies depending on the crime, if the individual is viewed as a flight risk, or if the judge thinks the individual is a danger to the community.

Experienced and Award-Winning Bond Reduction Attorney

Fortunately, a knowledgeable and experienced attorney like Eric Boehmer can succeed in getting a bond reduction for their client. With over 18 years’ experience, we can help reduce the bond for you or a friend or family member hampered with an unnecessarily large bond.  We will work for you to show the court why your bond should be reduced taking into consideration factors like your ties to the community, family in the area, your job, property owned in your area, and if you need to receive some sort of treatment while out on bond.

A Free Consultation to Get You Started

No one wants to spend time in jail.   At Boehmer Law, we will fight for you to make paying your bond easier Call Boehmer Law to set up your free consultation and case review.  Our criminal attorneys that handle bond reductions in Missouri will discuss what you can expect and what your chances are in getting your bond reduced for you or a loved one.  Call 636-896-4020 for your free appointment today.

Do not wait—Get Boehmer Law 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.