Kansas City Criminal Defense Firm

Defendants who have been charged with crimes in Missouri have a variety of rights. Some of the most important include the right to remain silent so that you don’t incriminate yourself while answering questions, the right to have a defense attorney even if you can’t afford one, and the right to due process. Other rights that often come up in these cases include the right not to be subjected to illegal search and seizure and the right to a speedy trial before a jury of your peers.

Under Missouri law, most criminal charges are either misdemeanors or felonies. Within those two categories are different classes, depending on the severity of the offense. Some crimes, such as murder, are always felonies, while others, such as DWI, can be charged as either a misdemeanor or a felony. In this example, a first offense is a misdemeanor, but a third or subsequent offense is a felony. Your charges will depend on the type of offense, whether you have any previous similar criminal convictions, and whether there are any aggravating factors. In some cases, an attorney can help you get your charges reduced from a felony to a misdemeanor.

Plea bargains are a way for the defendant to get a lesser charge or a lesser penalty and for the prosecution to secure a conviction and avoid the time and expense of a trial. They can be beneficial in some situations where the evidence is strong or the charges are very serious, such as with a Class A or Class B felony. Criminal defense attorneys are able to negotiate with the prosecution to work out a deal that is the most favorable outcome possible for their clients. However, a plea bargain is not an option — or the best option — in every case and is never guaranteed.

No matter what criminal charges you face, you have the right to a strong defense. The strategies and options that are the best choice for your situation depend on your charges and the surrounding circumstances. A criminal defense attorney has the knowledge and skills to determine which option offers the highest likelihood of a favorable outcome, and they can explain to you the reasons behind their advice and the pros and cons of each choice. In general, you will have the option to plead guilty, plead not guilty and fight the charges during a criminal trial, or negotiate a plea deal.

Missouri law does allow for some convictions to be expunged, but there are specific parameters around which charges can be expunged and who is eligible. In general, Missouri law allows you to expunge up to two felony offenses and three misdemeanor offenses over your lifetime, and offenses committed as part of the same course of criminal conduct can be counted together. Once you reach those limits, you will not be able to expunge additional offenses of that type. Your charge must qualify for expungement — violent crimes and other serious charges may not be eligible — and you must have completed your entire sentence, including paying fines and restitution, then waited the required period (generally three years for a felony and one year for a misdemeanor) without a new conviction. Intoxication-related driving offenses are handled differently from most other offenses. Missouri has a separate expungement process for certain DWI offenses, and eligibility depends on your record and how much time has passed.

Missouri also recently passed a law that will automatically expunge certain eligible, nonviolent offenses without a petition once the state’s system is operational. Offenses that do not qualify must still go through the court petition process.

Being accused of a crime when you’re innocent can be extremely distressing. Many people believe that if they are innocent and just tell the truth that the criminal justice system will serve its purpose and the charges will be dropped or they will be acquitted. However, there are thousands of innocent people serving time right now in jails and prisons across the country. Even if you’re innocent, it’s important to immediately hire a criminal defense attorney to represent you and ensure your rights are protected. Don’t talk to police or try to offer evidence or a statement to prove you’re innocent. Your attorney will handle all of these pieces and ensure that you have legal guidance and counsel every step of the way.