Give Me Sex I’ll Let You Go

A man who lives in Troy Missouri has been accused in St. Louis County of acceding to corruption by a public servant. Supposedly while working as a police officer he pulled over a woman on suspicion of drunken driving and then had sex with her in exchange for not arresting her.

The allegations claim that he pulled her over, had her engage in field sobriety tests and then told her she could be arrested or have sex with him. She chose that latter. Supposedly he drove her to her house in his patrol car where they engaged in several sexual acts.

The defendant has been a police officer for over twenty years. The charge is a class D felony which can carry up to four years in the Missouri Department of Correction. Bond was set at $10,000. He is no longer on the police force.

If you have a friend or family member who is charged with a crime. I can help them. Call me at 636-486-4861.


Suicide Attempt At Lincoln County Jail

It was reported today that an inmate at the Lincoln County jail apparently attempted to commit suicide by hanging himself in his jail cell. He was found at about 4:30 p.m. during a head count. He was last reported seen by a nurse at about 3:57 p.m. when she administered medication to the man.

It appears he tried to hang himself using a pair of pants. After he was discovered he was taken to the hospital and was revived. there is no further word on his medical condition at this time.

He was being held on a $40,000.00 cash only bond. That means in order to obtain his pre-trial release he would have to post the entire $40,000.00 in cash.

One of the first things I do when representing a client is work to get his or her bond reduced. Most people do not need, or deserve, to wait in jail until their case can be finally resolved, yet some judges insists on setting unreasonably high bonds. I make no comment on whether this man’s bond was unreasonable because I don’t know all the facts.

If a friend or loved one is in jail being held on a high bond call me at 636-486-4861. I may be able to help you get it reduced.


Medical Marijuana

Recently I had a really interesting marijuana case. My client was charged with growing marijuana in his basement. And he was. But he insisted that he was growing it for himself. He suffered from a medical condition that did not respond to traditional medicines.

There was no evidence that he ever sold or distributed the marijuana to anyone. The pot was inadvertently discovered after a fire broke out at his house.

This man, in his fifties found himself facing a possible 5-15 years in the penitentiary. He had hired another lawyer before coming to me. That lawyer wanted him to plead guilty. When the man came to me he made it clear he was not going to plead guilty under any circumstances.

It took a lot of work. Experts had to be contacted and interviewed. I had to take depositions of witnesses and prepare legal arguments as we got ready for the trial. Then, one day, as we approached the trial date, the case was dismissed. We won. There was no trial at all.

Medical marijuana is a difficult issue in Missouri. It is not legal. It is not allowed. Many argue it should be. Many argue against it.

We were happy for this outcome. My mother died of cancer many years ago. I know that in the final stages of her chemotherapy she was comforted by smoking marijuana on occasion. I have a certain sympathy for those who need it and can’t get it. Will it ever be legal in Missouri? Should it be? Only time will tell.


I Hate To Wait

There is a certain protocol in practicing law. Some things are done by rule and some are done out of consideration for the other lawyers. As time goes by protocols change. Some change for the better and some for the worse. Some change by design and some change by practice.

Right now I am sitting in a law office waiting room. Actually it is the waiting room of a Prosecuting Attorney’s office. I am waiting to take a deposition. I took a deposition at a different prosecutor’s office yesterday. They went by the old protocol.

The way I have always practiced is that when the opposing counsel shows up at my office for a deposition, I have them ushered into the room we are going to use. That allows them the opportunity to get organized before we begin. It is a small courtesy. But I always appreciate it when it is extended to me. I do not make them wait in the waiting room until the court reporter shows up. That is what is happening to me right now.

A good reason for not making the opposing counsel wait is because in today’s world that counsel (me for instance) might sit outside and blog about it.

What were common courtesies when I first started to practice are quickly falling by the wayside. Much of it can be attributed to the increased number of attorneys. The more attorneys there are, the less personal contact there is among the lawyers. The less personal contact the less courtesy shown.

I need to give you an immediate update. The court reporter got here just now. The secretary buzzed her right in. I am still sitting here in the waiting room. So I asked the lady at the front desk if there was any reason why I could not get let in. She looked at me like I had just made an indecent proposal. She wanted to know why? Why? Because I am here for a deposition and I would like to go over my file.

She responded by telling me that the witnesses weren’t here yet. What does that have to do with it? I explained to her that it was common courtesy to allow lawyers to go get ready for the upcoming deposition. She finally said that she would check with the assistant prosecuting attorney who was on the other side of this case.

Of course, you understand that I had to sit here for quite a while before I even got so steamed that I thought about writing this blog so this has gone on way too long. I first started practicing in what was then a rural area of Missouri. All the lawyers knew one another and many times we knew their staff. We treated each other the way we would like to be treated. That’s what my mentor taught me.

You can rest assured that this is the last time I will agree to take depositions at this office. From now on we will take depositions at my office. And the prosecutor who shows up will be treated with courtesy.


Headed Out To Russia

Good news for the Judges. I will be out of the country for two weeks so I will not be able to report on infuriating things that judges do. So, Your Honors, take a break!

I am going to be posting as many blog updates about my trip as I can at www.speakingforamericans.com. This is a great site and I hope you enjoy it. There are a lot of bloggers on there from al over the country.

I have brought in a number of interesting cases in this past month. Gun related charges, drug charges and assaults. Of course the DWI cases continue to stream in as enforcement efforts by police departments are increasing. Summer is a big time for DWI cases so please be careful. There have also been just a huge number of “Minor in Possession” cases. Seems like it is getting harder and harder for kids to get by with a sneak drink here and there. Lots of cases where cops show up at parties kids are having at someone’s house.

DWI! Should you take the breath test? There is no one right answer to that. There are too many variables.

While I am out of town Daren Rich at my office will take care of anything that comes up. Just call and ask to speak with him. make an appointment if you have a new case. he will get it started for me but I will take over once I return.

If you really need to you might be able to get ahold of me on my cel phone but remember the time difference. When it is 10 at night here it is about 6 in the morning in Moscow!

Hold down the fort while I am gone. Check my travel blogs at Speaking For Americans. Enjoy yourselves.


How Not To Spend Your High School Graduation

It is a rainy Saturday in the St. Louis area. Soon I will be heading west. I have two graduation celebrations to attend in the Kansas City area this weekend. One is for my niece Sydney who is both graduating from college and getting her start in the nursing field. The other celebration is for my wife’s sister’s daughter who is graduating from high school.

I have a few clients in the Kansas City area and I always want to make arrangements to visit with them while I am there. Time never seems to allow for it.

Right now I am over at a local cigar store having a smoke while my wife puts the final touches on what she needs to get done before we leave. When I was single I could pack for a trip to Russia in about an hour. Now a trip to Kansas City for two days seems a bit more complicated. But at least I am not required to participate in the packing. My wife is good about that.

We have to stop at the Montgomery County jail on the way to Kansas City. I have a new case there. And let me tell you Montgomery County’s criminal justice system is a mess right now.

For quite a while Montgomery County has had difficulty in finding anybody really qualified to serve as Prosecuting Attorney. I don’t know all of the background but it is a part time job that pays almost nothing and nobody really wants to do it because they have to live in Montgomery County. That’s all I know about it. There have been a couple of people who have been appointed to fill the position on a temporary basis but they don’t last.

Right now, as I understand it, the job is being tended to by somebody who is a prosecutor in another county. I have been there for the past few lawdays on other cases and have never seen the same person answering the docket two times in a row.

So, when this nice lady hired me to represent her son on Friday morning I was unable to get in touch with a lawyer at the Montgomery County prosecutor’s office to talk about a bond reduction. I was told that the woman handling the job would not be back until Tuesday of next week. Great!

That does nothing to help get this boy out of jail before then. The judge won’t talk to me unless I have talked to the prosecutor. And of course the court has set a bond for this boy but it is too high for his parents to make. He had his high school graduation last night and he had to stay on the Montgomery County jail for it. I know, based on the charges against him, that there was no reason to arrest him right before his graduation other than to mess with him. Cops do that kind of stuff. He isn’t charged with any violent offense. He is accused of tampering with a motor vehicle. Big deal. That hardly makes him a risk.

I am going to stop and visit with him on the way to Kansas City. I have not yet met him. I need to know more about his cases. He also has a stealing case. Both of the cases are felonies. He stands the risk of going to the penitentiary. Still, did he need to be kept in jail for his high school graduation? I think not.

Small towns and small rural counties are tough places for people who get in trouble. People like to talk and it does not take long for a young man or woman to develop a reputation as a trouble maker. Once that happens the cops never let up on them. Many of them might as well move out of the county and start over. I am sure that many of my clients who are reading this know exactly what I mean.

Okay, enough of that. I am going to finish my cigar, go pick up my wife and head out for some good food, drink and company. I’m goin’ to Kansas City, Kansas City here I come!


Dealing With Devlin

Today on my Facebook page I asked the question if Michael Devlin should be moved to another state to safeguard him from other prisoners because of the crimes he committed. Some of you have taken the time to answer.

You might recall that Michael Devlin pled guilty to a long list of crimes involving the kidnapping of Shawn Hornbeck and Ben Ownby. Devlin is serving multiple life sentences. He will most likely never get out of jail. In these times he may well live to be eighty or more, if he is not killed by another prisoner.

In April of this year he was assaulted by another prisoner. That man stabbed Devlin multiple times. He said his motivation was retribution for Devlin’s crimes. Maybe it was, maybe it wasn’t.

The stabbing brought people’s attention to the violence in prison. It also raised the question by some if Devlin should be imprisoned in another state where nobody knew who he was or what he did?

The state of Missouri owes a certain legal duty to people it incarcerates to keep them safe from harm. How far the legal duty extends is the conundrum. Every person who is sent to prison is automatically in danger. Remember people are sent to prison because they have violated a law, generally, but not always, a pretty serious law. There are people in prison who are on the border line of mental illness and some who have slipped over that border. These people are unstable and capable of causing harm at a moment’s notice.

No matter where Devlin goes he is going to be exposed to dangerous people. We all are. Sure the concentration of dangerous people in prison is higher than on the outside but that is just part of the danger that goes with committing a crime.

We all want to be safe. People in custody of the state should be protected as best as practicable. Maybe, rather than move Devlin he can spend all of his time, except for a brief exercise period each day, in his cell. It does not sound like the way I would like to spend my life. But, there are consequences to crime.

I represent people everyday who are charged with crimes. Some have actually committed the crimes and some have not. Most are very decent people who are just in a bad situation. If they go to prison they deserve humane treatment. They should not be unduly imperiled just because they have been convicted of a felony, no matter how heinous. But, except for the most extreme situations each prisoner should be treated the same. If we move Devlin then who else should be moved?

If it is up to me, and it isn’t, Devlin stays where he is and makes the best of a very bad situation.


Creatures of The Night

Okay being a trial lawyer is not all glamour. As you know I was in Warrenton this morning waiting in a Waffle House for court to start. Now I am sitting at a St. Louis Bread Company in Chesterfield while I catch up on some emails. I have night court in Chesterfield tonight.

Night court can be painless, or it can be a royal pain. It really depends on the attitude of the individual clerks. I have always found Chesterfield to be well run. We should be in and out in a short span of time.

What are night courts? In the St. Louis metropolitan area these are generally courts run by the many municipalities that dot the landscape. Municipal ordinance violations are prosecuted in these courts. Each city has the right to pass their own laws that govern behavior in their jurisdiction.

Most of the cases in night court are DWI cases. The city has the right to file a DWI in their own court or to send that ticket to the state to be prosecuted. Of course these cases bring a huge revenue to the cities through fines and court costs. The cases are generally treated in the same fashion as DWI cases in state court. Drivers are required to attend SATOP classes and Victim Impact Panels if they are put on probation. But they can still be sentenced to jail if the judge thinks it is the right thing to do.

These municipal court cases also count to enhance the level of any further DWI charges a person might get. It is important then to treat them as seriously as if it were filed in State court.

A very popular case in municipal court is the Minor in Possession of alcohol (MIP). I have see a real rise in the number of people who are coming to my office with these tickets. Again, there can be consequences with these tickets that might not be apparent. There can be a loss of driving privileges and in some circumstances future employment opportunities can be adversely affected. Need a lawyer for a MIP? I think so.

Many times I am able to handle these tickets in a way that keeps us from having to go to court. That saves a lot of time for the client as nobody wants to be hanging around nit court, not even lawyers! Unfortunately DWI cases require an appearance. And that’s how I’ll end my professional responsibilities for today.


Waiting for The News

Supreme Court of the United States

I am sitting here at the Waffle House in Warrenton, Missouri. First I have to tell you that I have just learned they do not serve oatmeal. They do have grits but I only like grits with eggs, not as a stand alone dish.

I am in Warrenton this morning because I have a case on the trial docket. It most likely will not go to trial. I say that because last week the assistant prosecutor who is responsible for this case for the State emailed me and asked if I would oppose a continuance. She said she was not sure she could secure all of her witnesses.

I assured her I would object to a continuance but I also full well expected that this particular judge would almost laugh in my face as he granted her wish to have the case continued. Nonetheless less the last email she sent me said that she would get back to me about whether or not she was going to seek the continuance. That was last week.

Yesterday (Monday May 9, 2011) was the day set aside for Missouri to honor Truman’s birthday. Some State employees took it as a holiday. I can only guess that is what the Warren County Prosecutor’s office did because my phone calls to their office and my emails to this assistant went unanswered. As of now I am unable to say for sure whether this case is going to go to trial today or be continued. That means I have to be ready to go to trial.

Being ready to go to trial is more than just having your questions ready and your exhibits labelled. A certain amount of purely mental preparation takes places that has to be done before each trial. Clients don’t get to really see that part. I am not sure many of them understand that part of the trial process, and I don’t expect them to.

Time to head to the courthouse. Trial or not? We’ll see.


A Day In The Life

In just about a month my good friend David Hamilton and I are taking off on a two week trip. Both of us have pledged to blog about it. We will post the blogs on the web site Speaking For Americans. We will give you our perspective on the trip.

We are scheduled to start in London. There we are going to The Royal Albert Hall for the Eric Clapton/Steve Winwood concert. I have had the pleasure of seeing Clapton before. Some years ago I attended the concert with Chuck Berry and a young lady who went on to be a local celebrity by the name of Katy Kruze. Clapton did not disappoint.

The Royal Albert Hall was built in 1871. It was the vision of Prince Albert to have a central hall used to promote understanding and appreciation of the Arts and Sciences. It is probably best known to members of a certain generation through the Beatles song “A Day In The Life.” I am absolutely excited about going there. I guess it will be intriguing to finally see how many holes it takes to fill The Albert Hall. What did that mean, anyway?

I have provided for the security of my wife while I am gone by arranging for her brother to stay with her. I have seen his skills on the pistol range. Plus we live across the street from a St. Louis police sergeant and next door to the Glendale Assistant Police Chief. I’d call that a fairly safe situation.

We spend the night in London and then it is off to Moscow. I have been there before. Russia is an country that holds a lot of fascination for me. As many of you know I have participated in military parachute jumps in Russia with their Special Forces (Spetnatz). It was a thrill. I had grown up with a hate and distrust of Russians because of the cold war. When I went out of the helicopter for the first jump I couldn’t help but think that I always knew I would one day jump over Russian in military gear. I just never knew it would be like this. I was charmed by the country and the people.

After a few days in Moscow we are taking the Russian version of the fast train to St. Petersburg. This will be a return for me, also. The last time I was there was in 2004. It is a magnificent city. I can’t wait to go back. I have a friend in Moscow who has promised to guide us around. In St. Petersburg we have made arrangements for a guide. My command of the Russian language is still a little weak. I can get a hotel, restaurant, taxi and drink but that is about it. A guide will be a good thing.

David and I have committed to take nothing more than one carry-on bag each. I will have to start planning what I will take. That can wait. After all the trip is still a month away.


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