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March 2014 Archives

Platte County man accused of DWI and child endangerment

Over the years, prosecutors in many states have used language embedded in child endangerment laws to add charges when a parent is accused of drunk driving while a child in the car. In Missouri, lawmakers have included a provision that addresses the issue of driving while impaired with a child under the age of 17 in the child endangerment statute. When a parent, or other driver, is accused of driving drunk with a minor in the car, the stakes and complexity of the criminal case can be raised.

Trace Adkins and wife to divorce

When news breaks about a celebrity heading for divorce court, discussions often turn to the potential property division issues, or possibly question whether a prenuptial agreement is in place. In general, the issues that may surround property division in what may be a high-asset divorce are a great concern for people involved. Columbia area residents may have unique goals in seeking a potential settlement related to property. But, other issues may also be at the forefront in a divorce.

Two killed in Jefferson County head-on collision

The Missouri State Highway Patrol says that a woman driving the wrong way on Highway 21 was involved in a double-fatal accident on Tuesday afternoon in Jefferson County, Missouri. Authorities have not determined why the woman may have been traveling in the wrong direction before the midday fatal collision.

DWI checkpoints in Missouri may lead to other charges

In general, police are not allowed to lawfully pull over a car without a legally justifiable reason. A traffic stop should be based upon more than a mere whim. Constitutional principles that bar unreasonable search and seizure issues can come up in many types of criminal cases.

Tax Time: Who takes the child exemptions in a Missouri divorce?

Child custody arrangements are often an important aspect in a divorce. Missouri law essentially recognizes two forms of custody -- physical custody and legal custody. Some people may seek to address the two issues at the same time -- possibly agreeing to joint custody arrangements. Legal custody involves who will have the decision making authority in important matters, such as health care and where the kids will attend school. Physical custody refers to the living arrangements for the kids.

Wrong-way driver eludes police in Springfield, Missouri

One man was killed and a woman was seriously injured in an accident in Springfield, Missouri. Authorities were called to the area before the accident when several people called to report a GMC truck was driving in the wrong direction on Highway 65. Law enforcement apparently found a yellow GMC traveling in the wrong direction and attempted to intercept the vehicle. However, police say that the driver swerved to avoid law enforcement before slamming into two other civilian vehicles.

SUPREME COURT EXPANDS USE OF PRE-ARREST SILENCE

Criminal defense attorneys often receive calls and questions regarding what to do when someone is facing a request from law enforcement to "come in and talk" about a criminal matter. It is perfectly natural that someone who is unfamiliar in dealing with police officers and detectives would be nervous or even frightened in this kind of situation regardless of whether or not they were involved in a crime.

Parents who divorce remain as role models for the kids

People in Missouri may often have discussions about how a celebrity or athlete is (or is not) serving as a good role model for kids. Pop culture and public figures may have a certain amount of influence over our children. Antics on the field or on the stage may go viral in today’s electronic world. Kids heartily consume information on the Internet.

Missouri House passes bill to require warrants for tracking

Search and seizure issues continue to make the news. The Constitution provides important guarantees to limit the government’s authority to intrude on our private lives. Police cannot simply go house-to-house hoping to find evidence to support criminal charges for no reason at all. The warrant requirement has been argued in all kinds of cases throughout our country’s history.

Two motorcyclists killed in Wentzville after bus pulls onto road

The failure to see a motorcyclist is a well-known problem on Missouri roads. Some commentators say that a driver may seem to make eye contact with a motorcyclist, but still fail to see the rider. Intersections are a common site for motorcycle accidents. Drivers may fail to yield for an approaching biker while making a left-hand turn in the path of an oncoming motorcycle.

Missouri lawmakers work to modify juvenile life sentencing issue

Mandatory minimum sentencing has been coming under fire in recent years. In the past, lawmakers began imposing mandatory minimums as a showing of a tough stance. But, many commentators note that all across the country, more and more people are being locked up at great expense to society due to mandatory sentencing provisions.

Judge rules most of billionaire's stock is non-marital property

The idea of property division in a Missouri divorce can take on several different avenues of inquiry. Last week we discussed concepts that may arise when a family business is involved in a divorce proceeding. Determining the accurate values of assets is often an important process in a high-asset divorce.

Head-on accident on Route 13 near Clinton, Missouri, claims three

Highway accidents may occur in the blink of an eye. Determining what occurred can be an arduous process. People may understand that highway accidents can involve serious injuries, including fatal injuries. Victims and their families may be left with few answers in the immediate aftermath of a wreck.