Answers To Common Legal Questions: Criminal Law

Legal matters are complex and confusing. If you are engaged in your first brush with the law, your mind may be spinning with multiple questions about what the future holds. While it is impossible to predict certain aspects, such as whether or not you will receive a criminal conviction, our criminal attorney in Camden County MO may be able to help ease your mind by answering some of the other questions you may have about criminal law.

Question #1: What is the difference between probation and parole?
Answer: In some cases, convicted criminals may receive probation instead of a prison sentence. Instead of being incarcerated, probation allows the person to remain in his community providing that he follows certain guidelines, obeys certain restrictions, and meets regularly with his probation officer. The parameters surrounding parole are similar, but parole applies to individuals who are released from prison early for good behavior instead of individuals who avoid incarceration altogether.

Question #2: What are "white collar" crimes?
Answer: White collar crimes are high-profile, intellectual crimes that may involve a great deal of money and/or financial assets. They are generally nonviolent in nature. Examples of white collar crimes include embezzlement, tax fraud, identity theft, and bank robbery. While some are relatively minor, most white collar crimes are classified as felonies.

Question #3: I have been falsely accused. Do I still need an attorney?
Answer: The short answer is that yes, hiring an attorney may still be beneficial even if you did not actually commit the crime in question. Police officers sometimes make mistakes, and surrounding circumstances may stack up against you to create an incriminating scene. Our team will be here to defend your rights if you have been falsely accused.

Question #4: What is a grand jury?
Answer: Unlike the typical jury most people are familiar with, a grand jury does not have the authority to render an "innocent" or "guilty" verdict. Rather, the grand jury evaluates the evidence presented and determines whether or not the government has enough evidence to continue the criminal proceedings.

Question #5: Do I need an attorney if I've been charged with a DWI?
Answer: The consequences for many traffic violations are relatively minor, and many people choose to address certain traffic law issues without an attorney. However, the consequences of a DWI conviction are serious and may affect your life for years to come. If you are faced with DWI charge, we encourage you to schedule a consultation with a criminal attorney.

Question #6: What is "restitution"?
Answer: Restitution refers to the funds convicted criminals are sometimes required to pay their victims in order to cover the losses they incurred as a result of the crime. Restitution may be ordered to compensate for expenses such as medical bills, property damage, lost income, or funeral expenses.

Contact Gibbons Law Firm For Criminal Representation
If you are facing criminal charges in Camden County MO, we hope you'll consider Gibbons Law Firm. Our criminal defense attorney in Osage Beach has successfully represented criminal cases of all types and would be honored to assist you with your case. For more information about our criminal defense services, visit our website at GibbonsLawFirm.com/Criminal-Law.

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Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Understanding The Bail System

Do any of the following phrases sound familiar?

• "His bail has been set at $50,000."
• "My friend bailed me out of jail." 
• "The bail has been posted."

If you or your loved ones have ever been arrested, you may be familiar with the bail system and how it works. If you haven't had personal experience with it, chances are you've heard phrases like the ones listed above (if nothing else, in movies or TV shows), but you may not be as familiar with the ins and outs of the bail system. Today, our criminal defense attorney at the Lake of the Ozarks is here to help you understand Missouri's bail system and how it may affect you.

Bail System Basics

For illustration purposes, let's pretend that someone named John is arrested. Upon his arrest, the police take John into custody, collect fingerprints and take photographs, and place him in a holding cell. At that point, John's bail will be set at a certain amount. Let's suppose his bail amount is $10,000. If he or a family member is able to provide the $10,000 in the form of cash or a cashier's check, the bail will be "posted" and he will be released from custody under the agreement that he will appear for his court date. If he does appear in court as promised, John will receive his $10,000 back in full. If John's bail is not posted, he will be held in custody until his court date. The court date may be set several months in advance, so this is typically not a favorable option.

Bail Bonds

If neither John nor his family/friends have the money to post his bail, he may seek financial assistance in the form of a bail bond. Bail bond agents provide the money for bail in exchange for a small fee. 10% of the bond's value is a common fee, though the rate may vary. This fee is generally due upfront and is non-refundable. If John is able to secure a bail bond in this manner, the bail bond agent will post the bond and John will be released. If he appears at his court date as promised, the bond agent is not held responsible to the court. If John does not appear in court (colloquially referred to as "jumping bail" or "skipping bail"), the bond agent will be held liable to the court for the bail amount. If this happens, the bond agent may send someone (referred to by laypersons as a "bounty hunter") to find John and bring him to court.

Bail Bond "Loans"

If John is unable to pay for his bond agent's fee upfront, he may have one other alternative. Bond agents may offer a loan (complete with interest and other charges) to cover the bond amount. Typically, bond loans require some form of collateral or a trustworthy "signer." Collateral may be in the form of a deed to a car or home. A signer is someone who agrees to reimburse the bail bond agent if John defaults on the agreement. Often, bond agents will only accept someone as a signer if he/she has good credit or substantial financial assets.

Contact Our Criminal Defense Attorney For Representation

Bail amounts vary drastically; they may be as low as $500, or they may be as high as $250,000 or greater. Typically, the more serious the crime, the higher the bail amount may be. If you are arrested, we strongly encourage you to seek representation from a skilled criminal defense attorney at the Lake of the Ozarks. Your attorney can offer much-needed counsel to help you determine how best to proceed.

For more information about our criminal defense services in central Missouri, schedule your free initial consultation by calling (573) 348-2211.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Your Responsibilities During A Personal Injury Suit

When you have been injured as the result of someone else's negligence, you may be able to seek financial compensation for your injuries, expenses, and associated pain and suffering with the assistance of a Lake of the Ozarks personal injury lawyer. As your legal team, it will be our job to defend your rights and fight for you to receive the maximum compensation you deserve. As the client, you will also have several responsibilities along the way. Keep reading to learn more about your role in a personal injury case.

Keep Lines Of Communication Open

The single most important responsibility you will have during a personal injury case is to communicate with your attorney frequently and promptly. Many aspects of personal injury (and other) cases are time-sensitive; though it may seem trivial, returning your attorney's missed call one or two days after the fact could in fact seriously hurt your chances at getting the compensation you need. In order to position yourself for success, it is essential that you respond to your attorney's communication promptly.

Be Honest With Your Attorney

In addition to communicating with our team frequently, we expect you to be completely honest about the circumstances surrounding your case and your experiences following your accident and injury. In order to have the greatest chance of winning your case, we need to know everything about it. Don't make the mistake of angling your story so as to improve your chances of victory - once you explain the entire situation to us, we can work together to develop a strategy for moving forward.

Seek Medical Attention

If you sustained serious injuries and are in need of medical attention, it is essential that you take the time to get the care that you need. Your health and physical well-being is of the utmost importance. You have to get the care you need before you will be able to dedicate the time and attention required to pursue a successful personal injury case.

Stay On Top Of Your Medical Expenses

While the goal of a personal injury lawsuit is to enable you to get financial compensation that will help you cover your medical bills, being in the middle of a personal injury suit does not free you from the responsibility of paying your medical bills in the meantime. You will be compensated if your case is won, but until then it is your responsibility to stay on top of your expenses.

Contact Gibbons Law Firm For Personal Injury Representation

If you have been injured through no fault of your own and are looking for financial representation, schedule your free initial consultation with our personal injury attorney in Osage Beach MO. We have experience representing a wide variety of personal injury cases, including car accidents, boating accidents, work-related injuries, premises liability cases, wrongful death, defective products, and more. 

For more information about our personal injury services at the Lake of the Ozarks, visit our website or call our firm at (573) 348-2211. We look forward to serving you.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Traffic Safety Tips For Holiday Travel

Families and friends travel all across the country to spend time with one another during the holidays. The day before Thanksgiving through New Year's Day account for more traffic on our roadways than any other time of year. Unfortunately, this increased traffic also make these days some of the most dangerous as well as the busiest. Drunk driving incidents tend to increase around the holidays as well (especially when Christmas and New Year's fall on weekends, like they will this year).

If you will be traveling at all over the next few weeks, our personal injury attorney at the Lake of the Ozarks is here to help you protect yourself, your passengers, and other drivers with these common sense safety reminders.

Driving Safety Tips

Give other drivers plenty of room.
Since there are more cars on the road this time of year than any other, it is especially important to maintain safe driving distances between yourself and the cars around you. The faster your car is traveling, the longer it will take for you to slow down, stop, or turn. Avoid tailgating the cars in front of you, and stay alert for nearby drivers who may be turning or merging.

Don't drink and drive.
Everyone knows the dangers of driving while intoxicated. Warnings signs are posted all around, countless organizations work tirelessly to spread the word, and police officers work diligently to keep intoxicated drivers off our streets. Yet despite all of these efforts, alcohol impairment accounts for nearly one third of all traffic-related deaths in the United States (source: CDC). Don't become a part of this statistic; don't drink and drive.

Don't text while driving.
Texting and driving is incredibly dangerous. Despite the staggering statistics and serious warnings drivers are exposed to every day, an alarming number of drivers cannot resist the temptation to check their phones when they get a notification or to send quick texts to family or friends while they are behind the wheel. Don't endanger yourself or other drivers by texting and driving - either ask a passenger to type your message for you, or wait until you have arrived at your destination.

Only drive when you are well rested.
Fatigued drivers put themselves and those around them at great risk. Statistically, sleep-deprived drivers are just as likely (and sometimes even more likely) than drunk drivers to be in an accident. Some argue that drowsy driving poses an even greater risk than distracted driving or drunk driving, since even people who would never drive while intoxicated or texting may still drive when they are sleepy.

Auto Safety Reminders

Check your tire pressure.
If your tires are not properly inflated, you may not get adequate traction on the roads. Keep in mind that fluctuating temperatures can cause your tire pressure to change rapidly, so it's important to check it frequently.

Check your fluid levels.
Engine oil, brake fluid, coolant, and wiper fluid are just a few examples of the fluids your car needs to run safely. While it's always important to make sure these levels are properly maintained, it is especially important to double-check them before embarking on a big road trip.

Get a checkup before a big road trip.
The last thing anybody wants is for their car to break down and leave them stranded on the side of the road. If you will be traveling frequently or covering long distances over the holidays, it may be wise to get your vehicle inspected by a trustworthy mechanic before you depart. This will allow you time to make any necessary repairs before they become a major problem.

Contact Gibbons Law Firm For Personal Injury Representation

On behalf of everyone at our general practice law firm at the Lake of the Ozarks, we wish you and your family a safe and happy holiday season. We sincerely hope that you enjoy all of your holiday celebrations and travel to all of your destinations without incident. If you suffer an injury at the hands of another individual, however, our personal injury team in Osage Beach MO will be here to defend your rights and help you fight for the compensation you deserve. 

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.