In Lesson 1 we discussed how a case starts and that little actual evidence or information is available. Today we are going to talk about getting discovery and reviewing evidence. In every criminal case the client is entitled to see all the evidence against them. The process of receiving the evidence is called discovery. The attorney will request that the prosecutor provide all evidence available. This is to be received ten (10) days from request. However, you will only receive what they have in the file to that date. Certain items are not always immediately available. Typically early in the ca ..read more

Criminal cases garner a huge amount of publicity and social media opinion. Trial by Facebook is a favorite past time of many. However it would seem that most people do not fully understand how the process works. I am going to walk you through the start of a criminal case. John Doe gets charged with 1st Degree Robbery and arrested. John is entitled to an attorney to represent him, however most of the time the client appears for the initial arraignment without an attorney. The associate circuit judge is going to enter a not guilty plea, as John has the right to counsel. Not to mention in Missour ..read more

I used to wonder why it was said, “No good deed goes unpunished.”  If you are doing good you should be getting rewarded or at least a reprieve from punishment.   Punishment is for bad deeds, not good ones, right?  Not always… Most of us have a real desire to help others or our community in some way.  Maybe it is through our employment, our church, friendships or family the opportunity to help presents itself.  With the best of intentions, we often jump in with both feet to help.  We become emotionally invested in helping to solve a problem and we are willing to sa ..read more

Without a doubt COVID-19 has invaded our lives in many ways that seemed unimaginable a week or two ago. Shopping is panic and stockpile driven. The kids are out of school and parents are now teachers, in addition to their employment. Parents are stressed about the prospect of losing employment and income. We are facing realities we have never experienced or anticipated. The legal world is no different. COVID-19 has invaded our legal system. There are currently very few exceptions that allow anyone to appear, in person, at legal proceedings. It requires a true emergency situation. A true legal ..read more

I want to apologize for my absence. It was wonderful to hear from so many people that missed my blog posts on the wonderful world of law and life. I have missed YOU, too! I have taken some time for family and vision planning, but I AM BACK! With a VISION! This year is 2020 which is also the definition of perfect vision. So, this year I am concentrating on “vision” – my personal vision and professional vision. I would not say my vision is anywhere near perfect, but I can wear some glasses. My new “vision glasses.” With my “vision glasses” I am making a conscious effort to consider each day – W ..read more

CRIMINAL LAW LESSON 101 – this post is simply to educate people about how the court operates on criminal cases. A person charged with a felony makes an initial appearance in Associate Circuit Court for an arraignment. Most of the time there is no attorney representing the Defendant at the initial appearance, and regardless of confessions, evidence, etc. the Defendant will not be allowed to plead guilty at the initial appearance. The Associate Court determines if there was probable cause for arrest at a later hearing called a preliminary hearing, at this level the Court doesn’t determine guilt ..read more

Everyone has some expectation of privacy.  Many believe they have an absolute right to privacy.  Most want to believe they keep their lives private.  However, there is very little true privacy due to advances in technology that have us addicted to the internet and computer/phone apps. Let’s start with email.  That was our first real “social media.”  Unless your email is business related and covered by some sort of legal privacy rules, it is not really private.  If you email Jane Doe about all your marital problems, family drama, etc. there is no law that prevents ..read more

LOOSE LIPS SINK SHIPS We all know the Miranda rights – “You have the right to remain silent, anything you say can and will be used against you…” Even though we know we have the right sometimes we don’t use it. Maybe because the person believes they can talk their way out of any trouble or maybe as Ron White said, “I had the right to remain silent, but I didn’t have the ability.” Pretty sure intoxication was the factor in his story, but drunk dialing or drunk chatting with the police is generally not a good idea. They really mean it when they say anything you say can and will be used against yo ..read more

As a child our parents do things we think are just ridiculous. I was quite the inquisitive child. Why is the grass green? Why is the sky blue? Why don’t we have dinosaurs? And on and on. My mother made sure I got a set of World Book Encyclopedias (exactly like those pictured) and a good Webster’s Dictionary. Then every time I had a question she would say, “Go look it up!” So, I would look it up. I thought she wanted me to look it up because she just didn’t know the answers. That was not the case at all, she wanted me to be able to find information and process it myself. She was right. It gave ..read more

We have all attended an event, garage sale or auction where there were signs posted that say, “NOT RESPONSIBLE FOR ACCIDENTS.”  While these signs may prevent someone from suing you for minor accidents, they are not a real protection under the law.   The signs are not specific about what risks the person attending may face.  The signs might be helpful in a defense, but they certainly will not prevent you from being held liable for a dangerous condition that resulted in injury. Liability waivers are often required for amusement facilities like trampoline parks, skating rinks, boun ..read more