Important Points To Consider When It Comes To Criminal Defense

Has someone close to you ever been accused of a crime?

Have you ever faced criminal charges yourself?

Have you ever been confused about how the legal system from criminal defense really works?

If you answered yes to any one of these questions, this is the blog for you. Our attorneys at the Lake of the Ozarks are here to give you a few important points to consider when it comes to criminal defense in this week's blog. If you are in need of legal advice, please do not hesitate to call our criminal defense attorneys at the Lake of the Ozarks today. Gibbons Law Firm can be reached at (573) 348-2211.

Important Points To Consider When It Comes To Criminal Defense

KNOW WHAT THE SEVERITY OF A FELONY CAN BE.
According to The Missouri criminal code, “A felony is an offense for which a person convicted may be sentenced to death or to imprisonment for a term which is in excess of one year.”

KNOW WHEN BAIL IS AN OPTION.
Bail money or other property that is deposited with the court is used to ensure that the person accused will return to court when they are required to do so. If the defendant returns to court as required, the bail will be returned at the end of the case, even if the defendant is convicted.

CALL YOUR LAWYER AS SOON AS POSSIBLE.
As soon as you become aware that the police are looking for or investigating you would be a good time to give your criminal defense lawyer a call. Also, if you believe that you may have committed a crime, that would be an opportune time as well. A lawyer can intervene with the police to either prevent an arrest or if you are going to be arrested, arrange for your surrender at a time and in a manner that can minimize embarrassment to you or your family.

GIVE YOURSELF THE BEST LEGAL REPRESENTATION YOU CAN, EVEN IF YOU'RE INNOCENT.
Innocent people can get accused of committing crimes as well as guilty ones. Also, in some cases, people who may have committed one crime can occasionally get accused (wrongfully) of committing additional and more serious crimes. Having a lawyer can help you develop a strategy for responding to the charge.

Get Your Legal Questions Answered!

All of us here at Gibbons Law Firm hope that you found this blog enlightening and helpful when it comes to understanding the world of criminal defense. Again if you have any legal questions regarding criminal defense, please do not hesitate to give our attorneys a call today. We can be reached at (573) 348-2211.



Remember, your initial consultation with Gibbons Law Firm is always free.

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2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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Driving While Intoxicated (DWI) FAQs

Driving while intoxicated is such a serious mistake. You could be making a life-changing mistake that's putting yourself and others in danger. You should always designate a sober driver no matter what the case. If you do find yourself needing a DWI lawyer at the Lake of the Ozarks, you should contact Gibbons Law Firm in Lake Ozark. Your first consultation is free. Our local Lake Ozark Law Firm can be reached at (573) 348-2211. In the meantime, keep reading this week's blog for the answers to a few frequently asked questions regarding driving while intoxicated.

Driving While Intoxicated (DWI) FAQs

Q: If asked to take a field sobriety test, do you legally have to do so?

A: Technically, if you are pulled over and the police officer asks you to participate in a field sobriety test, which may involve actions such as:

• The HGN test, which involves following the officer's finger with your eyes.
• The one-leg stand test, which is pretty self-explanatory.
• The walk-and-turn test, which requires you to walk and turn with one foot and come back.

You can refuse to take the field sobriety test, however, if you do appear to be intoxicated on the scene, the police officer may have grounds to arrest you still. Be aware of this. 

Q: Are DWI checkpoints legal in the state of Missouri?

A: Let's define what a DWI checkpoint is just to make sure we are all on the same page. You may find these on your route home from a large event that involved many people drinking alcohol. It's an organized stop where law enforcement officers stop everyone who passes by to see if there's any sign of the driver being intoxicated. Some people may feel that an officer doesn't have probable cause to stop everyone, but checkpoints are in fact legal.

Q: If you already have multiple DWIs and get pulled over for drinking while intoxicated, what happens?

A: Your punishment may be more severe than a first-time offender, that much is obvious, but it's more important than ever that you get an experienced DWI attorney in Mid-Missouri to walk you through your options. Come up with a plan and get all your questions answered.

Gibbons Law Firm Can Help!

Driving while intoxicated is a serious matter and should not be taken lightly. If you are facing a driving while intoxicated charge, you should really consider getting an experienced criminal defense attorney is Mid-MO as soon as possible. Gibbons Law Firm represents clients in all types of felony and misdemeanor cases. Roger Gibbons has successfully tried hundreds of criminal cases of all types. We are committed to providing clients with criminal defense services that will ensure their rights are protected and they are treated fairly. Find out more about how we can assist you by contacting our Firm and making an appointment today.


Remember, your initial consultation with Gibbons Law Firm is always free.

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Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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Some Common Terms You May Hear On a Criminal Law Case

Criminal matters can be confusing and scary. If you are in the midst of a criminal case, your head may be spinning with many questions and concerns. Our criminal attorney at the Lake of the Ozarks is here to help answer all of your questions. Answering all of your criminal law questions may not be able to predict the outcome of your case, but it can help you get a good idea of what to expect during the process. Take a look below for top questions that are asked during a criminal case at the Lake of the Ozarks.

Term #1: What is a "white collar" crime?

A white collar crime is typically not a violent crime. It is often an intellectual crime that involves a large amount of money. Crimes that are white collar in nature are typically tax fraud, identity theft, and embezzlement.

Term #2: What is a grand jury?

A grand jury does not have the authority to rule guilty or innocent like a typical jury does. This kind of jury will rule whether there is enough evidence available for the government to continue with the proceeding.

Term #3: Do I need an attorney if I was falsely accused?

Even if you know you are innocent, it's the jury or judge that has to make the final decision. An attorney can help gather the right information and present your case in a professional manner. The experience of a legal professional can help deal with last minute changes or evidence that may be presented. A lawyer can help your case in a number of ways.

Term #4: What is "restitution"?

The amount of money that is required for a criminal to pay the other party is known as "restitution". Its purpose is to cover any cost that may have been caused by the crime. Medical bills, lost wages, and property damage are common reasons for restitution to be paid out.

Term #5: Is there a difference between "parole" and "probation"?

Parole is when a criminal is released early from prison on good behavior but is still being monitored closely. Probation is when a criminal is allowed to remain in the public community and to be under strict rules and regulations, instead of being sentenced to prison.

Did we answer your burning criminal law questions? If not, contact our Lake of the Ozarks law office today. We can schedule a consultation to discuss your case and help answer any other questions you may have. Gibbons Law Firm looks forward to helping you through this stressful and confusing process. Don't forget your first consultation with us is free!


Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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Let Gibbons Law Firm Help With Your Criminal Defense Case

A criminal offense often carries the potential of a lengthy incarceration, heavy fines, and other penalties. A qualified and experienced attorney can help lead to a favorable outcome for your criminal defense case at the Lake of the Ozarks. To help avoid hefty penalties, take a look below for ways we can work to represent your case!

As citizens of the United States of America, we have a basic responsibility to avoid inflicting harm on our fellow Americans. Unfortunately, not all Americans uphold this responsibility. Even if the harm was inflicted unintentionally through oversight or negligence, the person responsible may be held accountable by being required to provide financial compensation or potentially serve some time in jail. If the harm was inflicted intentionally, the consequences become much more severe. 

Providing Well-Balanced Legal Advice

We are here to help YOU! We endeavor to provide sound legal advice for all of our clients. Rest assured your best interest in is mind when we offer an opinion about your case from a legal perspective.

We have Years of Experience

With many years of experience as an attorney in Missouri and having handled hundreds of criminal defense cases of all types, it's the goal of our law office to help represent your case. Our law firm wants to help you obtain the outcome you deserve with your criminal defense case. 

We have Comprehensive Knowledge of the Law

With knowledge when it comes to criminal defense cases, Gibbons Law Firm can help come up with the right defense for your case. Whether it’s reasonable doubt, having an alibi, self-defense, or other arguments, we endeavor to provide sound legal advice to present your case.

Upfront and Clear Communication

Prompt communication is of top priority at Gibbons Law Firm. We work hard to ensure our clients are kept in the loop through a number of communication techniques. When we have client engagements we strive to provide sound legal advice, answer your questions, and help to guide you through difficult legal situations. You can rest assured we will communicate with you clearly throughout the entire process. We want you to be aware of what your options are and the best ways to move forward with defending your case.

Hopefully you've learned more about how we can help represent your criminal defense case. You can rest assured that we will use our experience and knowledge to work toward defending your case. Here at our law firm at the Lake of the Ozarks, we're committed to providing clients with criminal defense services. Give Gibbons Law Firm a call today to schedule your free consultation!

Remember, your initial consultation with Gibbons Law Firm is always free.

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Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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

Understanding The Statute Of Limitations

The legal field is governed by strict deadlines. In order for your case to reach a successful outcome, you must work with your Lake of the Ozarks attorney to ensure that all details are attended to and that all paperwork is filed within the appropriate time constraints.

While the deadlines that punctuate the individual lifespan of a case are important, they are not the only ones that demand attention. There is one overarching deadline that must be met above all else - the one officially known as "the statute of limitations."

Quick Overview Of The Statute Of Limitations

The statute of limitations is a statute that dictates the time frame in which a legal claim may be pursued. It doesn't matter how convincing a claim may be - if the statute of limitation has expired and it is raised as a defense to a claim, the claim will be dismissed as being time barred.

4 Things To Know About The Statute Of Limitations

Here are a few general points about the statute of limitations it is important to be aware of:

1. The time limit varies from case to case. The length of the statute of limitations depends on the branch of law (criminal law, personal injury, debt collections, etc) as well as the specific type of case (worker's compensation, car accident, etc).
   
2. The time limit varies by state. Each state has its own rules regarding the statute of limitations. If you have moved to Missouri relatively recently, don't make the mistake of assuming that the time limit here will be the same as the state you lived in previously.
3. It's not always obvious when the clock will start running. The "Discovery of Harm" rule dictates that the countdown on the statute of limitations will not begin until the damage is - or should have been - identified. A person’s damage is capable of being discovered when a reasonable person would have been put on notice that an injury or damage may have occurred and would have taken steps to discover the extent of the damage. For example, let's suppose that you are in a car accident. Immediately following the accident you assume you escaped without injury, but a couple of months later you discover that the recurrent neck pain you are now experiencing is a result of the whiplash you suffered during the accident. In this scenario, your statute of limitations would not begin counting down until you discovered (or should have discovered) the true cause of your neck pain.
4. Some cases are exempt from the statute of limitations. While most types of cases are governed by their respective statutes of limitations, some types of crime - specifically, most types of felonies - are exempt. Someone accused of kidnapping, treason, fraud, or manslaughter, for example, may always be tried for his crimes.

Questions? Contact Gibbons Law Firm.

If you are faced with a legal situation, it is imperative that you take action before the statute of limitations expires. Our attorney in Lake Ozark MO can help you examine the specific details of your situation so that you can determine how long the statute of limitations is for your case and at what point the clock started running. 

Don't risk your case becoming void because too much time has passed! Contact Gibbons Law Firm to schedule your initial consultation today.

Remember, your initial consultation with Gibbons Law Firm is always free.

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Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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Long-Term Consequences of a Criminal Conviction

Being charged with a crime is a serious matter, and one that should not be taken lightly. If convicted, you may be sentenced to financial penalties, incarceration, and/or a combination thereof. Even after you are released, your criminal record may continue to haunt you and affect multiple aspects of your life. Today, our criminal defense attorney in Osage Beach MO is here to explore some of the different long-term consequences of a criminal conviction.

What Happens If You Are Convicted Of A Crime?

If you are convicted of a crime, you will receive a sentence. You will be required to serve this sentence in whatever capacity it entails - failure to do so may result in further penalties. Your conviction will likely go on on your permanent (and public) criminal record, which means that you may continue to feel the effects of your conviction for years after your sentence has been served. Here are a few examples of how a criminal record may impact your life.

Difficulty Obtaining Housing
Individuals with a criminal history often find it challenging to obtain quality housing. If you are attempting to lease an apartment, you will likely be required to submit to a background check during the application process. Landlords are often hesitant to offer leases to individuals with criminal history. Unfortunately, buying a house may not be much easier; serving time in prison can create financial challenges that may lower your credit score, making it more difficult to obtain a mortgage loan.

Difficulty Obtaining Employment And Education
Education and careers are integral components of successful adulthood. Unfortunately, individuals with criminal records often find it much more challenging to secure stable, high-paying positions or be accepted into educational programs that may allow them to pursue professional positions later on. Applications for both jobs and schools often require you to reveal whether or not you have a criminal history, and this fact may deter companies and institutions from accepting you into their workforce/program.

Difficulty Obtaining Professional Licenses
Depending on your criminal background, you may find that certain careers are even more difficult to pursue than others - in some cases, certain careers paths may be completely out of reach. For example, careers that require a professional license (massage therapist, counselor, real estate agent, etc) often require applicants to submit to a background check before their application will be approved. Depending on your conviction, your application may be denied.

Difficulty Obtaining Child Custody
The desire to be closely involved in your child's life is natural and strong, but convicted felons often find it difficult to be legally granted custody. In some cases, visitation rights may also be limited. Custody is often determined based on who the court believes will be best able to provide for the child's best interests. If you have a criminal history, the court may deem you unfit to care for a child.

Other Impacts
Though serious, the challenges we just discussed are only a few examples of the ways that a criminal conviction can impact your life down the road. A conviction can also impact your life in numerous other ways, such as:

• Denying you your ability to vote
• Prohibiting you from owning a firearm
• Limiting or denying your driving privileges

Contact A Criminal Defense Attorney For Representation

If you are facing criminal charges, securing representation from an experienced criminal defense attorney is the first step to protecting your rights and preserving your freedom. Depending on your situation, a Lake of the Ozarks criminal defense attorney may be able to reduce your sentence and penalties. You may also be able to protect your future by getting your records sealed or, in rare cases, expunged. Your Missouri criminal defense attorney can help you determine the best strategy for your specific situation.

Contact Gibbons Law Firm to schedule your free initial consultation.

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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.

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Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Felonies vs Misdemeanors: What's the Difference?

Felonies and misdemeanors are classifications used to identify types of crimes. Felonies are serious offenses that are punishable by death or imprisonment for a term in excess of one year and up to life in prison. Misdemeanors are less serious than felonies, but they may still be subject to steep consequences. In today's blog, Gibbons Law Firm is here to help you understand the distinction between these two classifications.

Misdemeanors

Misdemeanors could be considered "middle-of-the-road crimes." They are more serious than infractions (which are minor transgressions that typically result in a fine), but less serious than felonies. They are typically punishable by fines and up to one year in the county jail. Examples of misdemeanors may include:

• Petty Theft
• Possession of small amounts of marijuana
• Trespass
• Disturbance of the peace
• Illegal gambling

It is important to realize that certain acts may be moved from a misdemeanor to a felony classification depending on their severity.

Felonies

A felony is the most serious classification of crimes according to the American judicial system, and as such it is reserved for the most heinous acts. Convicted felons may be subject to the maximum punishment allowable by the state in which they are committed. This punishment may include steep fines, multiple years in prison (including a life sentence), and potentially even the death penalty. Examples of felonies may include:

• Robbery
• Kidnapping
• Possession and/or distribution of child pornography
• Embezzlement
• Grand theft
• Murder
• Identity theft
• Rape (of both adults and minors)
• Possession and/or distribution of a controlled substance
• Fraud

Secure Quality Representation When Facing Criminal Charges

Convictions can impact your life in more ways that you may realize. Even if you are not sentenced to multiple years in prison, your conviction will likely follow you for many years. A criminal history often makes it harder to secure housing, find employment, be accepted into educational institutions, possess a firearm, and even be approved for insurance coverage. 

When facing criminal accusations, securing top-notch criminal defense is essential. Our criminal defense attorney in Osage Beach MO has experience defending against a vast array of criminal allegations. If you are facing charges, we urge you to contact Gibbons Law Firm to discuss your options. Remember, your initial consultation at our Lake of the Ozarks law firm is always free.

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Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Collegiate Alcohol Awareness Week ~ Consequences of Underage Drinking

Over 4,300 Americans under the age of 21 die from an alcohol-related incident every year. Missouri is responsible for over 100 of those deaths (Source: CDC). Drinking under the age of 21 is illegal, but unfortunately, criminalizing the act has not seemed to really help - a shocking number of high school and college students under the age 21 still consume alcohol on a consistent basis.

October 17-21, 2016, is Collegiate Alcohol Awareness Week. It is a week designed to raise awareness of the potential danger alcohol consumption can be for college students. Universities host multiple programs to educate students and raise awareness of alcohol issues on their respective campuses. In honor of Collegiate Alcohol Awareness Week, our Lake of the Ozarks law firm is dedicating our blog to the consequences of underage drinking.

Legal Consequences

The legal drinking age in the United States is 21 years old. Individuals ages 20 and under are breaking the law if they consume alcohol, and as a result they may be subject to legal consequences. These consequences may include:

• Mandatory community service
• Suspension of driver's license
• Criminal fines
• Jail time

It can also have farther-reaching effects. Because it is a criminal offense, a conviction of underage drinking may also go on your criminal record indefinitely. Having a criminal conviction can make it more difficult to secure employment, housing, loans, quality education, and more.

Other Consequences

The legal consequences underage drinkers risk should not be taken lightly, but unfortunately they barely scratch the surface of the potential consequences. Underage drinking puts people at greater risk for a variety of other consequences, including:

• Abuse of and addiction to alcohol, drugs, and other substances
• Car accidents
• Alcohol poisoning
• Suicide

College students specifically face another array of potential consequences, such as lowered GPA, suspension from classes, and (depending on other circumstances) potentially even expulsion from their university.

The younger a child is when he begins drinking, the more at-risk he is for suffering any of these other consequences. Because the consequences range from lowered grade point average to serious illness and even death, it is easy to see why underage drinking is such a severe issue in our society.

Gibbons Law Firm Is Here To Protect Your Rights

Our Lake of the Ozarks legal team strongly encourages individuals under the age of 21 to refrain from drinking alcohol until they are old enough to participate without incurring legal charges. Even then, however, the other dangers of alcohol consumption can still be present. No matter how old you are, it is important that you respect the dangers alcohol may present so that you can take steps to keep yourself and others safe.

If you find yourself faced with criminal charges, our criminal defense attorney in Camden County MO will be here to ensure that your rights are protected. Our goal will be to ensure that you don't suffer unnecessarily harsh consequences. For more information on our criminal defense services in Osage Beach MO, call 573-348-2211 or visit RGibbonsLawFirm.com.

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Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Consequences of a DWI Conviction

Driving While Intoxicated (DWI), is the crime of operating a motor vehicle while impaired by alcohol or other drugs, to a level that you are incapable of driving the vehicle safely. Most people are aware that a DWI conviction can have serious implications not just to your driving record, but also your general quality of life. A suspended driver’s license, jail time, fines, probation, alcohol and drug treatment or in some cases, the installation of an ignition locking device or home alcohol monitoring system are some of the short term consequences. However, there can be long term effects of a DWI conviction as well. In today's blog, the best attorneys at the Lake of the Ozarks discuss a few of these long term consequences of a DWI conviction.

Keeping or Getting a Job

If your driver’s license is suspended or revoked, and driving is a requirement of your job, you may find yourself unemployed as a result of a DWI conviction. Having a criminal record can also affect future employment. Employers often conduct criminal background checks before hiring an employee and may discover your DWI. Having a tarnished driving record could play a factor in a potential employer’s decision.

Auto Insurance

As a result of a DWI, you may be classified as a high risk driver. It could be possible that your current insurance provider may cancel your policy or make you pay for a more expensive plan. Many insurance companies charge convicted DWI offenders up to three times more for coverage.

Education and Professional Licensing

Having a DWI conviction on your criminal record could disqualify a potential job applicant from obtaining certifications or licenses for certain professional positions. It could also make getting into particular colleges or educational programs difficult.

Personal Life

You may find dealing with upset family members and friends is emotional and embarrassing. They may cite concerns about your ability to be responsible and make good decisions. A DWI conviction can affect the way others view you, whether you have a problem with drugs or alcohol or not. Also, potential landlords and many volunteer organizations choose to run background checks and will be able to see your conviction.

Effects of a Felony

If a DWI conviction is a felony, the effects are extremely serious. You may lose personal liberties, such as your right to vote, right to purchase a firearm and right to obtain a passport.

The best way to avoid the above long term effects and consequences of a DWI is to not consume alcoholic beverages and/or other drugs and get behind the wheel of a vehicle with intent to drive. The risk is far too great and the potential to injure yourself and others is too high. If you have already been arrested for Driving While Intoxicated in Missouri, contact Gibbons Law Firm at the Lake of the Ozarks to understand your rights and the laws.

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Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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