The Progression of a Criminal Law Case

Criminal defense consists of affording persons accused of a crime with the legal protections that they are entitled to under the United States and Missouri Constitutions and the laws of this state. Law enforcement agencies and prosecutors have extensive resources at their disposal to pursue criminal prosecutions. For that reason, and because a criminal offense often carries the potential of a lengthy incarceration, heavy fines, and other penalties, a favorable outcome of a criminal case at the Lake of the Ozarks often depends on representation by a qualified and experienced attorney.

Here are how a criminal law case will begin and proceed over time.

Arrest

A criminal prosecution typically starts with an arrest by a police officer. There are a few reasons why a police officer may arrest a person. One case would be if the officer observes the person committing a crime. Another would be if the officer has a probable cause to believe that a crime has been committed by that person. Another situation would be if the officer makes the arrest under the authority of a valid arrest warrant. Once the arrest has occurred, the police will book the suspect and place them in custody. If only a minor offense was committed, there’s a chance that the police may issue a citation to the suspect with instructions to reappear in court at a set date.

Bail

If a suspect in police custody is granted bail, the suspect may pay the bail amount in exchange for a release. However, the release is contingent on the suspects promises to appear at the court proceedings that follow. Sometimes bail may be granted immediately after booking, or it could be at a later bail review hearing. A suspect could also be released on his own recognizance.

If a suspect is released on his own recognizance, bail is not required, but a written agreement to appear at all scheduled court dates is a requirement. Own recognizance release is generally granted after the court considers the seriousness of the offense that was committed, as well as the criminal record, threat to the community, and ties to family and employment.

Arraignment

This is where the suspect will make their first appearance at the arraignment. During this time, the judge will read the charges filed against the defendant in the complaint, and the defendant chooses to either plead “guilty,” “not guilty,” or “no contest” to the charges. This is also when the judges will review the defendant’s bail and set dates for the future proceedings.

Preliminary Hearing

This could be by a “bill of information” secured by a preliminary hearing or by a grand jury indictment. Cases must be brought by indictment in the federal system, but states are free to use either process.

Pre-Trial Motions

Pre-trial motions are brought by the prosecution and the defense. The goal is to resolve all final issues and establish what evidence and testimony will be used in the trial.

Trial

At the trial, the judge or the jury will either determine that the defendant is guilty or not guilty. The prosecution will bear the burden of proof in a criminal trial. This means that the prosecutor has to prove without any doubt that the defendant committed the crimes charged. The defendant does have a constitutional right to a jury trial in many criminal matters. A judge or jury will make the final determination of guilt or innocence after listening to opening and closing statements, examination, as well as the cross-examination of witnesses and jury instructions.

In the case that a jury failed to come to a unanimous verdict, the judge could declare a mistrial, which means that the case will either be dismissed or a new jury will be chosen. Of course, if the judge or jury finds the defendant guilty, the court will then sentence the defendant.

Sentencing

At this point in a criminal case, the court will assign the appropriate punishment for the convicted defendant. To determine a suitable sentence, the court will then consider several factors. This could include several different factors, like the nature and severity of the crime, the defendant’s criminal history, the defendant’s personal circumstances, as well as the degree of remorse that is felt by the defendant.

Appeal

At long last, an individual convicted of a crime may ask that his or her case be reviewed by a higher court. If the court finds that there was an error in the case or the sentence imposed - the court may reverse the conviction or find that the case needs to be re-tried.

Criminal Defense at the Lake of the Ozarks

Gibbons Law Firm represents clients in all types of felony and misdemeanor cases. We have successfully tried hundreds of criminal cases of all types, and 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. Call for a free consultation - 573-348-2211

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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FAQs About Writing A Will

Did you know that 55% of American adults do NOT have a will or other estate plan in place? These statistics are even higher among minorities, with 68% of black adults and 74% of Hispanic adults not having a Will. While many assume that this is something for the Baby Boomers to worry about, Millennials need to get serious about wills and estate planning as well. You don’t have to have a lot of assets, or even own a home to make this a valuable step. If you are ready to create a Will at the Lake of the Ozarks, here are a few frequently asked questions to show you both the value of having one, as well as the ease in creating one.

What is a Will?

A will is a written legal document that states what you want to be done after you die. This can cover various topics, from what will happen to your belongings (your estate), to who will care for any minor children.

A will only become effective when it has been signed by both you and two witnesses, in the state of Missouri.

What Happens If I Die Without a Will?

If you die without a Will, (aka intestate), your property will be distributed according to state laws. It will not go to the government as long as you have a living relative who can claim your state. However, if you die intestate, it can make the process much harder and longer. Your estate will go to your relatives in this order:

(1) The surviving spouse receives:

  (a) The entire intestate estate if there is no surviving issue of the decedent;

  (b) The first twenty thousand dollars in value of the intestate estate, plus one-half of the balance of the intestate estate, if there are surviving issue, all of whom are also issue of the surviving spouse;

  (c) One-half of the intestate estate if there are surviving issue, one or more of whom are not issue of the surviving spouse;  

(2) The part not distributable to the surviving spouse, or the entire intestate property, if there is no surviving spouse, shall descend and be distributed as follows:

  (a) To the decedent's children, or their descendants, in equal parts;

  (b) If there are no children, or their descendants, then to the decedent's father, mother, brothers and sisters or their descendants in equal parts;

  (c) If there are no children, or their descendants, father, mother, brother or sister, or their descendants, then to the grandfathers, grandmothers, uncles and aunts or their descendants in equal parts;

  (d) If there are no children or their descendants, father, mother, brother, sister, or their descendants, grandfather, grandmother, uncles, aunts, nor their descendants, then to the great-grandfathers, great-grandmothers, or their descendants, in equal parts; and so on, in other cases without end, passing to the nearest lineal ancestors and their children, or their descendants, in equal parts; provided, however, that collateral relatives, that is, relatives who are neither ancestors nor descendants of the decedent, may not inherit unless they are related to the decedent at least as closely as the ninth degree, the degree of kinship being computed according to the rules of the civil law; that is, by counting upward from the decedent to the nearest common ancestor, and then downward to the relative, the degree of kinship being the sum of these two counts, so that brothers are related in the second degree;

(3) If there is no surviving spouse or kindred of the decedent entitled to inherit, the whole shall go to the kindred of the predeceased spouse who, at the time of the spouse's death, was married to the decedent, in like course as if such predeceased spouse had survived the decedent and then died entitled to the property, and if there is more than one such predeceased spouse, then to go in equal shares to the kindred of each predeceased spouse;

(4) If no person is entitled to inherit as provided in this section the property shall escheat as provided by law.

Who Can Witness My Will?

Your signature to the Will must be witnessed by two people over the age of 18. They must both be present when you sign your will, and the witnesses must also sign the Will in your presence.

Where Should I Keep My Will?

You should keep your Will safely at home or lodged with a solicitor or a bank.

When Should You Modify Your Current Will?

You should review your will once a year. There are other occasions to review your will and these include:

• If your marital status changes
• If the property you own changes significantly and you made specific gifts of that property
• If you adopt or have additional children
• If your child dies, leaving children
• If you move to a different state
• If any of your beneficiaries die
• If the person you name as personal guardian for your minor children or manager for their property is no longer able to serve
• If the person named as your personal representative (executor) is no longer able to serve
• If you change your mind about the provisions in your prior will
• If your witnesses move away, die or are no longer competent
• Your will is valid until revoked. You can revoke a will by making a new will. Your will can also be revoked if it is destroyed

What are Guardianships and Trusts for Minor Children?

A minor child MUST have an adult guardian unless a court has declared he is legally “emancipated.” Normally, the surviving spouse becomes the personal guardian of your minor child. However, parents should agree on who they want to be appointed as the personal guardian of their children in case both parents die simultaneously.

In the case of divorced or separated parents, the surviving parent will generally have the best claim to be the guardian of their child, although anyone may challenge a person’s petition to be the guardian of a child. If the surviving parent is unavailable, the courts will give great weight to the preference contained in the deceased parent’s will.

The Truth About Wills

The fact is, everyone dies eventually, but not everyone leaves a last will and testament. Many don’t even know how to go about making one. If you are confused about you will, you are not alone, but talking with an attorney at the Lake of the Ozarks who is experienced in this area is a perfect first step.

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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Common Personal Injury Cases in Summer

The summer season is well known for being busy, active, and adventurous. People of all ages are glad for the warm weather, and get the seasonal itch to get outdoors and stretch their wings. While it's great to have some summer fun, you don’t want to forget that some summer activities can come with a certain level of risk of injury. Here are a few common injury types that have people calling a personal injury lawyer at the Lake of the Ozarks during the summer.

Car Accidents

During the summer months, you don’t have to contend with the risky driving weather that snow and ice bring - but that doesn’t eliminate other risks. Summer driving can be a common time for accidents, and according to an old study by the Insurance Information Institute, August had the highest number of accidents. Nicer weather means that more people will be out and about, which can increase the risk of car accidents. Some of these accidents can include more teen drivers on the road since they aren’t in school, as well more people being out for summer parties, family reunions, and summer vacations. More summer parties can also mean that more people could be drinking and driving, as well.

Heat-Related Injuries & Illnesses

Spending time outside on incredibly hot days can mean that it’s even more important to take steps to prevent heat stroke. If you are an employer with employees who work outside, it’s incredibly important to make sure that your staff (specifically construction workers or landscapers) are taking proper precautions to stay cool and hydrated. According to OSHA, more than 40% of heat-related worker deaths occur in the construction industry.

If you are an employer, it will be your responsibility to make sure that your outdoor workers are protected from the heat by providing access to water and shade, as well as the opportunity for plenty of breaks.

Bicycle & Motorcycle Accidents

The beautiful weather makes it nearly impossible for cyclists of all kinds to not get out on the road. From motorcycles to a standard bicycle, it is very easy for riders to become the victim of an accident. Because bicycles and motorcycles are less visible and other vehicles, drivers need to be on high alert for cyclists during the summer months. If you are a cyclist, one of the best things you can do is to wear proper safety gear and fits, use reflectors, and have a good helmet.

Boating Accidents

At the Lake of the Ozarks, it’s no surprise to see hundreds and thousands of boats out on the water, especially during the peak summer months and busy holiday weekends. Unfortunately, it doesn’t take much for a fun day on the water to turn dangerous - especially when drinks are involved. Alcohol use is one of the top factors in fatal boating accidents, so if you are operating the boat, you’ll want to skip the alcohol. Even if your passengers are good swimmers, you’ll want to make sure that they always wear life jackets while on board.

Playground Accidents

The weather s nice, the kids are out of school, and it’s the perfect time to burn that extra energy off. It’s not uncommon for parents and caretakers to take kids to the playground, but every year, tens of thousands of children are rushed to the emergency room because of injuries that came from playing on a playground. Many cases come from children simply playing around, however, many of them also occur because of issues with the playground equipment. This could be caused by the equipment not being maintained or it could be because there isn't enough surface protection to keep kids safe if they fall. Make sure you take a look at any playground equipment before letting children play on it, just to make sure things are safe and secure.

Personal Injury Cases at the Lake of the Ozarks

Mishaps and accidents are not always avoidable, and they can lead to injuries which may fit within a personal injury case. If you have been injured, it’s important to call your Lake of the Ozarks lawyer, to see how we can help you through this challenging time.

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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Starting a Business for Independent Retailer Month

It all starts with an idea and before you know it, you will find yourself following the American dream with a business of your own. July is Independent Retailer Month, and while you may not initially think about sitting down with a lawyer before you get started, starting up a conversation with your local Lake of the Ozarks lawyer can be just what you need to get your business started on the right foot. Here are a few things you’ll want to keep in mind as you start a new business, and how Gibbons Law Firm can help you with the process.

Start Thinking About the Legal Aspects from the Start

It’s easy at the beginning to get carried away with the exciting aspects. From business cards to social media pages - these creative avenues are the “fun” parts, helping you appear to launch your business quickly. However, you really need to take time to contemplate the legal aspects from the start to help get your business on a firm foundation from the ground up. The most common legal issues that may arise for an entrepreneur would include a choice of entity, business licenses, supply and service contracts, and employee matters. You may not feel like you can look several months ahead to pinpoint what could happen, but your business will thank you.

Keep Your Emotions In Check

One hard part about managing a business is that you can’t take lawsuits and threats against your business personally. If or when you find yourself in these positions, you have to make the right decision for your business. It’s important to have someone providing insight for when it’s better to pursue a legal battle versus avoiding it. This is why it’s so important to find a lawyer at the Lake of the Ozarks who you can trust, which leads us to our next point.

Make Your Legal Connections Early

When you establish a relationship early on with a legal provider, you will have someone you can quickly reach out to when you need help with a legal challenge. Having a plan in place with a legal counselor will be a valuable asset which you and your business can be thankful for years down the road.

Do Not Use Your Personal Bank Account

There are many, many business professionals who will say that you should not mix personal and business finances. Still, many business owners make the mistake of using their personal bank account for their business expenses. Just because it seems overwhelming to manage multiple bank accounts at once doesn’t mean that it won’t pay off in the long run. The fact is, using your personal account for business impacts your legal liability. If you are using one account for everything, make your goal this week to get a separate account and clean things up between the two.

Get it In Writing

Finally, one very important legal lesson in business is to put almost everything down on paper. This can include negotiating salary to redesigning your office space - if it is a defining and memorializing aspect of your business, you’ll be glad it was in writing. These agreements should be well defined, signed by all parties. If you are starting a business with co-founders, you will want to get written confirmation between yourself and your partners. It feels kind to be trusting, but clear contracts simplify those work relationships, it’s the lack of a written plan that can take a good relationship and make it sour.

Your Lake of the Ozarks Area Law Firm

We would like to represent you, whether you are a brand new business just starting up - or a business that has been well-established and needs new representation. We have a very wide and diverse group of clients, from individuals, employees, builders, contractors, homeowners, lenders, and definitely small business owners. Because July is Independent Retailer Month, if you have been dreaming about a new business and are ready to get it up off the ground, we would love to chat with you. The earlier you get legal representation involved, the easier it can be when you find yourself needing it.

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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Firework Safety Tips for 4th of July

Fourth of July is right around the corner and that means summer fun and fireworks! From family BBQs to big community gatherings, there are a number of opportunities to shoot off beautiful fireworks in the night sky. While fireworks can be breathtaking, Gibbons Law Firm wants to point out that they can also pose a danger to anyone in the vicinity. Our Lake of the Ozarks personal injury attorney knows it's important to use caution around fireworks and this week's blog will feature safety tips you and your family can practice this upcoming holiday.

Safety Tips for Shooting Fireworks:

- Ensure adult supervision is used when children are around and fireworks are present.

- Immediate back up to keep a safe distance after lighting a firework.

- Keep water handy to extinguish a firework or spark, if needed.

- Never allow a young child to light a firework.

- Avoid re-lighting a firework that seems to have not lit properly.

- If a firework does not explode, keep a safe distance.

- Never look into a bottle or tube that a firework has dropped into.

- Avoid pointing a firework at another person.

- Wet down used fireworks to ensure they are extinguished.

- Check your local ordinance to ensure it is legal to shoot fireworks in your location.

Safety Tips for Attending Firework Displays:

- Keep a safe distance from the firework lighting area.

- Bring a flashlight to easily navigate the area in the dark.

- Ensure your children stay close at crowded events.

How to Handle a Firework Injury:

- Seek medical treatment immediately.

- Avoid the application of ointments for a burn.

- Don't attempt to remove any object that may be embedded in the skin.

- Avoid touching or rinsing the wound.

Fireworks are part of the 4th of July and can be a fun and spectacular activity to celebrate the holiday. Our law firm at the Lake of the Ozarks encourages everyone to use caution when lighting fireworks this 4th of July. We hope everyone has a fun and safe holiday!

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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Legal Questions to Ask When Starting a Business

Starting a business is an exciting time but it may also be filled with some apprehension. Opening a business is a big risk and our business lawyer at the Lake of the Ozarks is here to help mitigate some of that risk. As you prepare to open your doors, it's important to ask yourself a few questions ahead of time to better prepare your venture in a legal sense. Take a look below to learn what Gibbons Law Firm recommends you ask before starting a business!

What is the right business structure for me?

Before starting a business, you will need to decide upon the business structure. As a sole proprietorship or general partnership, you and your business will be seen as the same entity. This can cause issues in your personal life should your business go into debt or be sued. To help protect against this, you can structure your business as a corporation, limited liability company, or limited liability partnership. This can help protect the personal assets of those involved in the company. Limited partnership and nonprofit corporations are also options for your new venture. A legal professional can offer the pros and cons of each type and offer advice as to which one is best for your future business.

Should I trademark my brand?

A business name, logo, and slogan can be trademarked to help prevent other businesses from using the same branding technique as yours. To do so, you must register these items to be trademarked and ensure you are not using a graphic, name, or phrase that another business has already used.

Do I need a lawyer for my business?

While it's not required, a legal professional can help your business in a number of ways. From helping establish your business and initial documentation to giving legal advice throughout your time in business, you may use your business lawyer a lot. It's best to have a legal professional on your side who knows your background when a legal issue arises. We'd be pleased if you would consider Gibbons Law Firm to be your legal professional for your new venture!

What risk do I face when hiring employees?

Your business may be open to a number of risks and regulations as you hire employees. It's important to know the details of employment laws and to abide by the rules of employment for your state. Don't forget to keep good documentation of any employee activity - hiring, firing, and everything in between. Your business lawyer near the Lake of the Ozarks can help you know the regulations you need to follow and help you draft accurate documentation for any employment activity.

What contracts do I need?

This depends on what type of business you are operating. Well-written contracts are very important for a business. They can help to protect your business, ensure you get paid for work you have completed, and help decrease the number of disputes brought against your future business. Your lawyer will be able to specifically narrow down what contracts are needed for your unique venture.

Have you asked yourself the above questions? If not, now's a great time to start legally preparing for the start of your business at the Lake of the Ozarks. As an experienced attorney in Lake Ozark, MO, we know how important it is to protect your venture and there are some great ways to do just that. Contact our Lake of the Ozarks law firm to help protect your business before you open!


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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Tips to Make Divorce Easier on Your Family

The divorce process can take a toll on everyone involved. While you may think it only affects you and your spouse, your children, friends, and family are all impacted by the process, as well. Our divorce attorney at the Lake of the Ozarks knows how difficult this time can be and we're here to help offer some advice on how to make this process as easy as possible on your loved ones.

Divorce can have an emotional impact on many of your family members. While you may try to avoid having a direct impact on your loved ones, it's inevitable that the people closest to you will hurt when you are hurting. To help minimize the toll your divorce may take on your family, take a look below for some helpful tips.

Open Lines of Communication

It may seem easier to shut off outside communication while you're going through a tough time. But ultimately this will just alienate yourself, and that's really not healthy, either. If you have children with your spouse, it's best to try to keep your communication professional. While you may not agree upon much, your kids should be your top priority and it's vital that you are able to communicate simple things regarding your children together.

Seek Professional Help

While venting to friends and family can be helpful, you don't want to constantly be complaining about your situation. It can start to impact their lives, as well. Seek help from a professional therapist to help you process your feelings and emotions. This is a great source of positive feedback and will really help you dig down to the root of your issues, and help you work through it in a healthy capacity.

Keep Your Priorities Straight

It's important to prioritize your life with these big changes going on. Your children, friends, and family are likely to top your list. Try to take into account the way your actions will affect those you care about. It can be hard to be rational during this highly emotional time but it's important that you think about your actions and how they will impact everyone around you.

Now that you know some ways to ease your friends and family through this difficult time, you're ready to find the right divorce attorney in Lake Ozark, MO. Our Lake of the Ozarks law firm is here for all of your legal needs -- divorce and child custody cases included. Don't forget, your first consultation with Gibbons Law 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

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