Vehicle Search
Q: How does a police officer obtain the right to search a vehicle?
A: There are very few ways for police to legally search a vehicle.
1. Probable cause 2. Warrant 3. Search Incident to arrest (Limited to inventory) 4. Consent
Specific details would be needed to discuss whether a specific search could be seen as illegal. Hiring an aggressive defense lawyer with experience in fighting illegal searches is imperative in cases like this. There are a number of motions to be filed and arguments to be made.
Statute of Limitations
Q: How long is the statute of limitations on a theft charge?
A: The short answer is one year for a misdemeanor and three years for a felony. There are more details needed to give you a more exact answer. If you believe you are being investigated for a crime, you should contact a criminal defense attorney right away. Theft charges are serious and can follow you for life.
Rights of the Accused
Q: What are my rights if I have been accused of a crime?
A: Those accused of crimes have a number of rights guaranteed by the US Constitution. These rights include: the right to remain silent in order to avoid self‑incrimination, the right to competent legal representation, the right to reasonable bail, right to a fair and public trial, right to be informed of the charges against you, the right to be confronted with the witnesses against you and to gather witnesses of your own, and a number of other rights.
A criminal defendant is also presumed innocent until proven guilty. This means the prosecutor has the burden of proving (beyond a reasonable doubt) you committed the criminal act(s) in question. This also means a defendant does not have to do anything or say anything to prove s/he is innocent.
A Loved One has been Arrested
Q: What should I do if I get a call that a loved one has been arrested?
A: Try to gather as much information as possible about the arrest and write it down. The following questions may be useful: What is the name, birth date, and social security number of the arrested person? What has s/he been charged with? What law enforcement agency made the arrest? Where is the arrested person being held? Has bail been set and, if so, what is the amount? Then call a lawyer.
Why Hire a Criminal Defense Attorney?
Q: Why should I hire a criminal defense attorney?
A: The importance of competent legal representation is so great that the Constitution guarantees every criminal defendant the right to an attorney. A criminal attorney is your best asset after being charged with a crime. This expert knows the laws and court customs relevant to your case, and can apply this knowledge to protect and maximize your legal interests. No matter what your legal situation, a criminal attorney will help you more than you could help yourself by going it alone. In fact, most judges won't even consider a plea bargain from a defendant without legal representation.
Criminal Law FAQs
Sims & Bailey, LLC is an aggressive statewide criminal and civil litigation law firm based in St. Louis, Missouri. If you or a family member has been charged with a crime, you deserve to have an experienced and dedicated attorney on your side. To have us review your case at no cost, contact us today for a free law case evaluation.
Misdemeanor Versus Felony
Q: What is the difference between a misdemeanor and a felony?
A: Most crimes are divided into two categories, based on the severity of the crime: misdemeanor and felony. State law governs which crimes are considered more serious than others. Generally speaking, a misdemeanor crime is one where the maximum penalty is one year or less in state prison.
A felony crime is a more serious crime that can result in jail or prison time for more than one year. Felony charges also bring a number of other legal repercussions if the defendant is convicted. In some states, under certain circumstances, a crime can be considered a misdemeanor or a felony, depending on the specifics of the case. A qualified attorney can maximize your chance that your crime is charged as a lesser offense.
When a fine is the punishment for a legal violation, the action is considered an infarction rather than a criminal offense. For example, a parking ticket is an infarction rather than a criminal charge. In some cases, however, a crime may only receive a fine and it will still be counted as a misdemeanor. For example, possessing a small amount of marijuana for personal use in some states may be a misdemeanor punishable by fine.