Felony vs Misdemeanor: What's the Difference?

A felony and misdemeanor charge can have a serious impact on your future. While it can be an intimidating process, it's important to know the difference between the different types of consequences you may face for each charge. Our Lake of the Ozarks lawyer knows this is a stressful time but knowledge of the charges can help let you know what may lie ahead. If you're facing a criminal charge at the Lake of the Ozarks, it's important to know what kind and what that means for you. Our criminal defense attorney at the Lake of the Ozarks is here to help. Learn about the different crime types below and what each classification has for punishment.

All About Misdemeanor Charges:

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.

All About Felony Charges:

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

Now that you know the details of a felony and misdemeanor crime, you can feel more confident as to what charges you may face. If you've been accused of a crime, it's important your rights are respected. Our Lake of the Ozarks criminal defense attorney has experience with criminal defense cases and can help ensure your rights are protected. Don't forget, your first consultation with Gibbons Law Firm is always free. Give us a call today to schedule your consultation.

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

Follow us on...

• Facebook
• LinkedIn
• Twitter

3 Ways a Lawyer Can Help When Buying Property​​​​​​​

Buying a home is an exciting process but it's also a very involved transaction. Your home is likely the largest investment you will make. It's important that your best interest and rights are being protected as you prepare for this big purchase. A real estate lawyer at the Lake of the Ozarks can assit in the transaction and offer peace of mind as you enter this exciting phase of homeownership. Learn how our Lake of the Ozarks lawyer can help during your home buying process.

Buying and selling a home involves the transfer of real property. This transfer process requires that certain extensive procedures must be correctly followed in order for the transaction to be legally valid. Most real estate agents are involved in the processes on a daily basis for a typical real estate transaction. If your transaction is out of the ordinary, the documentation and required legal paperwork may be tricky and present an issue. It's vital for the legal paperwork and proper documentation be completed accuratel and in the right order, at the right time. It may be of benefit to consult with a Lake of the Ozarks real estate attorney as you prepare to buy or sell a home in the area.

Why Should You Consider An Attorney?

Many people buy and sell homes without involving an attorney. Therefore, you may be wondering what purpose an attorney can serve in the process. Here are a few of the different reasons why involving an attorney may be beneficial for your real estate transaction.

1) Listing Your Home

Unless you choose to For Sale By Owner, contacting a real estate agent to list your home will likely be your first step when you choose to sell your home. An attorney can help you evaluate the standard broker contract to ensure that it will meet your needs in the event that any unexpected situations should arise or in the event that a transaction ultimately does not occur. Your attorney can also explain the terms of the contract to you and help you to negotiate changes within the contract (before it is signed) if certain aspects do not meet your needs.

2) Buying A Home

As the buyer, you hope to purchase a title that is free and clear - one without any title issues, liens, or extraneous factors that may inhibit your use or enjoyment of your new property. For example, there may be tenants that are currently leasing part of your new property, or you may learn about property damage or hazardous material on the property after the transaction has been finalized. An attorney can help you navigate any unusual situations that may occur. Your attorney can also help evaluate the appropriate contracts to ensure that they meet your needs.

3) Finalizing The Transaction Process

There is countless paperwork and a seemingly endless list of details that must be attended to during the transfer of real estate property. If you are financing a significant portion of the transaction via a mortgage loan, there will be even more paperwork involved. An attorney can help ensure that every document is prepared correctly and can advise you on the legal implications of each step of the process.

Here at Gibbons Law Firm, we know buying a home is an important step in your life and we want to help ensure you know the legal requirements every step of the way. We can help ensure your rights are being protectecd and you have the right legal documentation in place during your home buying process!

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

Follow us on...

• Facebook
• LinkedIn
• Twitter

5 Things that Impact the Cost of Divorce

Divorce is a trying time for everyone involved. Personal and professional relationships may be affected by a divorce. Not only does a divorce at the Lake of the Ozarks cause emotional damage, but it can also have a negative impact on your financial stability. Divorces cost money and it's best to find an experienced divorce attorney near the Lake of the Ozarks to look out for your best interested throughout the entire process.

1) Business Ownership

Owning a business can make the divorce process more complex. If no arrangements were set in stone before the marriage, the business may be included in the overall assets of the marriage. This can take extra steps for each lawyer to review financial documents and decide a worth of the business if both parties want ownership rights or financial gains from the business.

2) Children Involved

When there are children involved in a divorce, the cost of the divorce may rise. It can take more time to determine how to divide custody of your kids. A custody battle is often the most highly contested aspect of the divorce process. Each parent is typically passionate about their kids and are willing to fight for their rights, causing the cost of divorce to rise.

3) Marital Assets Involved

If a large amount of assets are involved, the more work needed in dividing them between the two parties. Multiple properties or other assets can complicate the process, and drive the cost up. Other assets that can complicate the process are shared investments and retirement accounts that are listed in both of your names.

4) Amount of Cooperation between Spouses

Cooperation with your spouse also has a direct impact on the length of time involved to finalize the divorce. This factor also has a big impact on the money needed to complete the process. If you and your spouse cannot decide how things should be handled and divided, extensive and costly litigation fees may be involved. If the two parties can agree and cooperate, it can greatly impact the bottom line in a positive way.

5) The Attorneys You Choose

The attorneys used to represent you in the divorce process will have a significant impact on the overall cost. While the cost is a major factor, it's important to find a divorce attorney at the Lake of the Ozarks that is trustworthy, reliable, and has your best interest in mind.

If you're thinking about filing for divorce near the Lake of the Ozarks, Gibbons Law Firm is here for you. We offer a free initial consultation for divorce cases. It's important your interests are top of mind and our law firm at the Lake of the Ozarks can help protect yours. Contact us today to set up your consultation and learn about how we can help with your unique divorce circumstances.

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

Follow us on...

• Facebook
• LinkedIn
• Twitter

The Lowdown on Personal Injury Cases

A personal injury lawsuit can take a toll on your personal life. As the name suggests, it has to do with someone or something causing harm to an individual. There are a number of personal injury cases at the Lake of the Ozarks and that's what this week's blog is all about. Here at Gibbons Law Firm, we have represented many personal injury cases around the area and we want to dive into some top examples of a personal injury lawsuit.

Motor Vehicle and Boating Accidents

The person who is at fault for a vehicle or boating accident may be held liable for the physical damage done to other vehicles and/or other individuals involved. If someone causes an accident by driving recklessly, they may be financially responsible for all injuries of the people involved in the wreck.

Business Torts

A business tort is any wrongdoing against a business entity that may cause financial loss. An example of this would be making a false statement about a business that could lead to loss of profit.

Defective Products

A product that does not work as it should can cause injury to a person using it. The business who made the product may be held responsible for any injuries sustained to due to the faulty item.

Premises Liability

If someone is injured on property owned by someone else, the property owner may be fully or partially liable for the injury. Even if the property owner was not present and had no direct fault, since the injury took place on their property, they may be at fault.

Sexual Harassment and Discrimination

It is illegal to harass someone in a sexual way or discriminate against someone based on such an incident, especially in the workplace. If someone is harassed at work, your employer should take action to make sure the harassment ceases. Ensure your rights are being respected if you've been involved in a sexual harassment or discriminatory circumstance.

Workers' Compensation

Most employers are required to provide workers' compensation for their employees. This requires employers to be financially responsible if an employee is injured on the job. If you are injured at work, it's important to file the right type of workers' comp claim to ensure your injuries are compensated.

Wrongful Death

If someone dies due to another person's negligent act, it is considered a wrongful death. Many times the family member of the deceased will open a wrongful death case against the person at fault.

If you think you have a personal injury case, it is important that you consult with an experienced attorney to know your legal rights. As a plaintiff in a personal injury case, you will have the burden of proving your case. Consequently, before you hire a personal injury attorney at the Lake of the Ozarks, you may want to consider his or her willingness and ability to take your case to trial, if necessary, and whether he or she has a proven record of obtaining settlements and winning jury trials.

Now that you know more about a personal injury lawsuit at the Lake of the Ozarks, you may realize do you have a case on your hands. Contact our Lake of the Ozarks law firm to learn how we can help represent your case. Remember, your first consultation with our firm 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

Follow us on...

• Facebook
• LinkedIn
• Twitter

Ways a Criminal Charge Can Impact Your Life

Being charged with a crime is a life-impacting sentence. Even after you've paid your fine or served your penalty, a criminal conviction near the Lake of the Ozarks can take a toll on your personal and professional life. If you've been accused of a crime, it's important to choose the right criminal defense attorney at the Lake of the Ozarks. Here at Gibbons Law Firm, we know how life-changing a criminal charge can be and we want to help protect your rights.

Financial Constraint

A criminal charge can leave you with a pile of hefty legal bills. It can be difficult to balance your current budget with the addition of your new legal payments. It can also be challenging to find new financing resources once you have a criminal charge. A bank may see you as a liability more than an asset when it comes to giving you a loan or other sort of financial resource.

Employment Challenges

Many employers will run a background check on potential employees. Someone with a criminal history may be put at the bottom of the list if they even make the list of candidates in the first place. Your current employer may have a policy that does not allow them to keep you as an employee due to your criminal charge.

Relationships Broken

Personal relationships may suffer after a criminal charge. Losing contact with your friends and family can put a damper on your relationships. Some people may choose to stop being associated with you due to your criminal charge. If you have kids, your rights or custody arrangements may be adjusted, as well.

Driving Privileges Revoked

Driving is a common freedom many enjoy. That freedom may be taken away with a criminal charge. Having no valid license can make it difficult to commute to work and other daily tasks. You may find yourself asking for rides more and more often or spending money on a cab or other transportation source.

Housing Issues

Buying and renting can both be difficult with a criminal record. Many landlords run a background check on potential tenants and a mortgage lender will likely do the same. It can be tough to find housing that allows someone with a record to live within the dwelling.

Facing a criminal charge can be a challenging and overwhelming time. Our experienced Lake of the Ozarks criminal defense attorney knows possible consequences you may face. We also know your legal rights and work hard to protect them. If you find yourself facing a criminal charge, contact Gibbons Law Firm for a free consultation about your legal challenges.

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

Follow us on...

• Facebook
• LinkedIn
• Twitter

How Drinking Impacts Your Ability to Drive​​​​​​​

With St. Patrick's Day right around the corner, there will likely be a number of people celebrating the holiday this weekend. In true Irish form, these celebrations are typically centered around drinking alcohol. With that in mind, many people may think they are safe to drive after partaking in alcohol, but they really should not.

Drinking and driving is illegal and you may face hefty penalties if you are caught driving under the influence. Our Lake of the Ozarks attorney knows this is a popular holiday for drinking but you should always have plans made to get home safely. Whether it's staying at your location longer, calling a cab or ride-sharing company, or designating a driver for the night, it's important to think ahead when you are out drinking.

Delayed Reaction Time

Alcohol can inhibit the time it takes for you to react to a situation. If you are operating a vehicle, you may not have the same reaction time as you would sober. If someone in front of you stops abruptly, you may not be able to get your vehicle stopped in time. If a deer jumps out in the road, you will likely not be able to react in a timely manner to avoid the animal. Swerving may be your instinct and this can lead to overcorrecting or travel off the road.

Lack of Coordination

Your coordination may be impaired when driving under the influence of alcohol. It may make it difficult to navigate the roadway safely. Staying between the lines can be difficult for someone who has been drinking. Coordination is a vital part of safely operating a vehicle.

Impaired Judgement

When drinking, your judgment may be impaired. This is not a good attribute of a driver. Your judgment of traffic and other situations on the roadway may be hindered if you have alcohol in your system. It's best to have a ride home lined up before you even head out for the St. Patrick's Day festivities.

Blurred Vision

Road lights, signs, and other car's headlights can all blur together if you have been drinking. Many times a drunk driver will subconsciously drive toward a light that catches their eye. This can lead to a very dangerous situation on the road, especially with oncoming traffic.

Legal Consequences of Drinking and Driving:

If you are caught driving under the influence of alcohol, you may be facing one or more of the below consequence:

• Suspension of license
• Hefty legal fees
• Higher insurance rates
• Community service
• Jail time

Now that you have a better understanding of the physical limitations drinking alcohol can have on you and the legal consequences you may face if you get pulled over for drinking and driving, you can plan ahead for your weekend activities. Our law firm at the Lake of the Ozarks wishes you a happy and safe St. Patrick's Day!

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

Follow us on...

• Facebook
• LinkedIn
• Twitter

The Difference Between a Will & a Revocable Living Trust

Estate planning is an important step to ensure your wishes are carried out after you pass. While this is a topic many don't like to think about - it's important to plan ahead. If you fail to prepare your estate, your family may spend years and a large amount of money fighting to get property in their names through probate. Lessen the burden of your loss for your family by preparing a plan with an estate planning attorney near the Lake of the Ozarks.

Wills and trusts are important documents that are commonly used in the estate planning process. They both can be updated periodically so that they meet your needs as your financial and family situations change. It is not until your death that these documents become officially set in stone. Though similar, these documents each offer different advantages and serve different purposes. Here is a quick look at some of the primary purposes these documents serve and how they differ.

Will

A will is an estate planning tool that allows you to identify who should inherit your property after you pass away. It is relatively inexpensive to prepare, but it does not prevent your estate from being passed through probate after your death, which can be an expensive as well as time-consuming process. At the time of your death, your will becomes public record.

One of the most important uses of a will is to appoint a guardian for your children under the age of 18 in the event that something unexpected should happen to you. A will is the only estate planning tool that can be used for this purpose. Minors cannot legally own property, so if you wish to leave property to children under the age of 18, you will have to appoint someone else to manage the property until your children's 18th birthdays.

Revocable Living Trust

A revocable living trust is an alternative estate planning tool. With the exception of appointing a guardian for your children, it serves many of the same purposes that a will does - that is, it can be used to identify who should inherit your assets. Revocable living trusts allow for much greater detail and control in the planning process, however. For example, you can choose at what age your wish your children to inherit your assets (such as 25 instead of the "default" age of 18).

A revocable living trust can also be used to appoint a trustee and/or power of attorney to manage your assets, healthcare decisions, and other important responsibilities in the event that you become incapacitated.

A revocable living trust is often more expensive and more time-consuming to prepare than a simple will, but it helps make up for the additional cost by allowing your estate to avoid probate. Instead of being tied up in probate procedures for months or even years, your assets should be able to be distributed directly to your heirs. Another advantage of a revocable living trust is that it remains private after your passing - it does not become public record like a will does.

Gibbons Law Firm Can Help

As an experienced lawyer at the Lake of the Ozarks, we know how important it is to prepare your estate plan in mid-Missouri. To help keep your belongings out of probate and ensure whomever you wish to possess them does, make sure your estate plans are in order and updated on a regular basis. Gibbons Law Firm can help you prepare your estate plan to ensure your wishes are carried out!

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

Follow us on...

• Facebook
• LinkedIn
• Twitter