Harper, Evans, Hilbrenner & Netemeyer BlogOur lawyers have over 100 years of experience representing people in Columbia and throughout Missouri. You will have questions and concerns about your case that need to be addressed. From the moment you retain our services, you can expect your attorney to answer inquiries promptly. We take pride in our accessibility and pledge to provide legal services with the highest level of professionalism and integrity.https://irp.cdn-website.com/017114d4/dms3rep/multi/Harper-Evans-Hilbrenner---Netemeyer---Navy.pngWho Is At Fault in a T-Bone Accident?Law Missouri HEHNlawmissouriduda@gmail.com (Law Missouri HEHN)2024-03-14T14:05:38Z2024-03-14T14:05:38Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
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Establishing Fault in T-Bone Collisions
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T-Bone accidents, also known as side-impact collisions, are notorious for their complexity in determining fault. These accidents occur when the front of one vehicle collides with the side of another, forming a 'T' shape. In Missouri, understanding who is at fault in such incidents is crucial, given that the state follows an at-fault system for car accidents. This system places significant emphasis on the actions of each driver involved in the accident, requiring a thorough investigation to establish liability. Critical factors in such investigations often include traffic signals, right of way at intersections, and the drivers' adherence to road rules. Missouri's approach recognizes that fault may not always lie solely with one party, allowing for shared responsibility in specific scenarios. This nuanced interpretation of fault has profound implications for insurance claims and legal accountability in these accidents. Consequently, drivers involved in T-Bone collisions in Missouri must navigate a complex legal landscape to determine liability, understand their rights, and seek appropriate compensation.
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Determining Fault in T-Bone Accidents
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When it comes to T-Bone accidents, often characterized by the frontal impact of one vehicle on the side of another, determining who is at fault can be complex. In these collisions, the shape of a 'T' is usually formed, indicating the point of impact. The primary aspect to consider in establishing fault is identifying which driver had the right of way at the time of the accident.
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A typical scenario leading to a T-Bone accident involves one driver failing to yield the right of way. This can occur at intersections when a driver runs a red light or a stop sign or in cases where a driver makes a left turn in front of oncoming traffic without a green turning signal. Misjudgment of speed and distance by the turning driver can also contribute. However, both drivers might share the fault in some cases, especially when both attempt to beat a red light. In Missouri, both drivers could be partially liable in such scenarios.
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Proving Fault in T-Bone Collisions
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After a T-Bone accident, establishing fault is essential for the following legal proceedings. The victim or their legal representative is responsible for gathering sufficient evidence to prove causation and fault. This evidence is critical to establish liability and recover damages. Key pieces of evidence typically include:
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The police report and accident report provide an official account of the incident.
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Reports detailing the damage to each vehicle offer insights into the nature and severity of the impact.
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Statements made by the drivers immediately after the accident can reveal important details about their actions and perspectives.
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Eyewitness statements and testimony can corroborate or refute the drivers' accounts.
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Video footage from traffic cameras, dash cams, or surveillance cameras provides a visual record of the accident.
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Expert opinions from accident reconstructionists can analyze the evidence and determine the dynamics of the collision.
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An experienced car accident lawyer typically conducts a thorough investigation to gather this evidence. Once liability for the crash is established, the victim can demand compensation for damages, usually contingent on factors like the severity of the injuries and the extent of property damage.
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Missouri's At-Fault System
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In Missouri, the at-fault system governs car accidents, making it pivotal for those involved in a T-Bone accident to understand how fault is determined and its implications. Under this system, the driver who caused the accident bears responsibility for the resulting damages. However, this straightforward allocation of fault can become complex when both drivers have contributed to the accident. In such scenarios, Missouri's Pure Contributory Negligence rule is applied. This rule intricately assigns each party a percentage of fault, influencing the compensation they may receive.
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This allocation of fault is not merely about assigning blame; it significantly impacts the financial aspects of the accident. When fault is established, it guides the distribution of financial responsibilities for damages incurred, including property damage, medical bills, and other related losses. Understanding this system is crucial, especially in cases where the allocation of fault is less clear-cut and involves shared liability. Navigating Missouri's at-fault system requires a comprehensive grasp of state laws and often the assistance of legal professionals to ensure the fault is pretty and accurately determined.
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Steps to Take If Involved in a T-Bone Accident
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In the event of a T-Bone accident in Missouri, the steps you take can significantly impact the outcome of any legal and insurance proceedings. If you are at fault, contacting your insurance company and seeking legal advice immediately is crucial. Awareness of Missouri's comparative negligence rules is essential, as it may affect your liability and the compensation process.
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Conversely, if you are not at fault, your first action should be to seek medical attention, prioritizing your health and well-being. Following medical care, gather the contact and insurance information of the other driver involved in the accident. Documenting the accident scene, your injuries, and any other relevant details is also essential, as this information can be crucial in insurance claims and legal processes.
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In both scenarios, consulting with a personal injury attorney is advisable. An attorney can guide you through dealing with insurance companies and the legal system, ensuring your rights are protected and you receive fair compensation. This guidance is essential in Missouri, where the at-fault system and comparative negligence rules can make the aftermath of a T-Bone accident complex. Contact the personal injury attorneys at HEHN for assistance.
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</div>Dog Bite Injury: Average Settlements in MissouriLaw Missouri HEHNlawmissouriduda@gmail.com (Law Missouri HEHN)2024-03-13T18:47:12Z2024-03-13T18:47:12Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
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Missouri Dog Bite Settlements
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Dog bite injuries can have profound and lasting effects on victims, and often require a complex legal response. In Missouri, understanding the nuances of dog bite laws and the potential for financial compensation is crucial for victims seeking justice and recovery. The severity of these incidents can vary greatly, from minor wounds to severe attacks requiring extensive medical intervention, impacting not only the physical well-being of the victims but also their psychological health. The legal landscape surrounding these incidents in Missouri presents unique challenges and opportunities for recourse.
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The issue of dog bite injuries is not only a matter of physical harm but also encompasses legal complexities and emotional turmoil. In Missouri, the frequency of such incidents has prompted a well-defined legal framework to protect victims' rights. The state's strict liability laws place a significant responsibility on dog owners, emphasizing the importance of responsible pet ownership and public safety.
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Effects of a Dog Bite Injury
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Understanding the scope of these injuries is essential. Dog bites can range from superficial skin wounds to severe attacks, causing deep lacerations, broken bones, and, in extreme cases, life-threatening injuries. The physical aftermath of a dog bite can be harrowing, often requiring emergency medical care, surgery, and long-term rehabilitation. Beyond the physical scars, dog bite victims frequently endure psychological impacts, such as post-traumatic stress disorder, anxiety, and a lasting fear of dogs, profoundly affecting their quality of life.
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The legal implications of dog bites in Missouri are significant. The state's laws ensure that victims have a pathway to seek compensation for their injuries. However, navigating this legal landscape requires an understanding of various factors that influence the outcome of a dog bite claim, including the injury's severity, the attack's circumstances, and the dog owner's liability. Settlements in these cases are about compensating for medical expenses and addressing the broader impact on the victim's life, including lost wages, pain and suffering, and emotional distress.
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Average Dog Bite Settlement Amounts in Missouri
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In Missouri, the average settlement amount for dog bite cases is critical to the legal proceedings following such incidents. While the average settlement can vary greatly from between $10,000 and $100,000 but can be higher or lower. These settlements are calculated considering various elements, including the type and severity of the injuries, the circumstances leading to the incident, and the extent of the victim's financial and emotional suffering. It's important to note that each case is unique, and factors such as scarring, especially on visible areas like the face, could significantly increase settlement amounts. Additionally, cases involving children often result in higher settlements due to the long-term impact of the injury on the child's life, including potential psychological trauma. The negotiation process also plays a crucial role, with experienced legal representation often securing higher compensation for the victim.
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The Role of Insurance in Dog Bite Cases
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Insurance plays a pivotal role in dog bite cases in Missouri. Typically, dog bites are covered within a homeowner’s insurance policy. However, since every policy is different, the maximum settlement amount can vary depending on the policy limit and other insurance coverage that may need to be factored in.
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The involvement of insurance companies also adds a layer of complexity to the settlement negotiation process. These companies often employ strategies to minimize payouts, necessitating skilled legal representation for victims to ensure fair compensation. An experienced attorney can negotiate effectively with insurance companies, leveraging the facts of the case to maximize the settlement amount.
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Importance of Legal Representation
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Navigating a dog bite claim in Missouri emphasizes the importance of competent legal representation. An experienced attorney specializing in personal injury and dog bite laws can provide invaluable guidance through the complexities of the legal process. They can help gather evidence, understand the nuances of Missouri's dog bite laws, and represent the victim's interests during settlement negotiations or in court. They also play a crucial role in dealing with insurance companies, ensuring that the victim's rights are protected and that they receive fair compensation. Legal representation becomes even more vital when the case involves severe injuries, disputed liability, or insufficient insurance coverage.
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</div>When Will Workers' Comp Offer a Settlement in Missouri?Law Missouri HEHNlawmissouriduda@gmail.com (Law Missouri HEHN)2024-03-11T17:52:13Z2024-03-11T17:52:13Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
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Timeline of Worker's Comp Settlement
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If you've been injured on the job, you might be wondering, "When will workers' comp offer a settlement?" It's a question that weighs heavily on the minds of many employees facing workers' compensation cases. Learn more about the steps involved in a workers' comp case, as well as the factors that influence settlement offers, and get advice on what to do after receiving a settlement proposal.
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The Worker's Comp Settlement Process in Missouri
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In Missouri, the settlement process for workers' compensation cases is governed by specific regulations and practices. In Missouri, the process involves several stages. Initially, after an injury, a claim is filed. The Missouri Workers' Compensation Commission then plays a pivotal role in overseeing these claims. Settlements often occur after the injured worker reaches maximum medical improvement (MMI), meaning their condition is unlikely to improve further.
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Missouri law allows for two types of settlements - Stipulation for Compromise Settlement and a Section 20 lump sum settlement. Each type has its nuances and implications for the worker's future rights and benefits. Workers must understand these differences and how they impact their rights and future medical care.
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General Steps in a Workers' Comp Case
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In a workers' compensation case, the process begins when an employee reports a work-related injury to their supervisor and files a claim within two years. The employer must then report this injury to the Division of Workers’ Compensation and their insurance company. Following this, the employee undergoes a medical evaluation and treatment. The injured worker, often through an attorney, files a Claim for Compensation with the state's workers' compensation division.
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Treatment varies based on the injury's severity, with employers and insurance companies largely directing the medical care and provider choice. If unable to work, the employee may receive a portion of their wages or be assigned restricted duties.
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Once treatment concludes, the employee is typically released to return to work, leading to the settlement phase if there are no disputes about permanent disability or the need for further treatment. Settlements can be straightforward and completed within six months post-treatment. However, if there are unresolved issues or the employee needs additional care, the case enters a hardship phase, which may delay settlement.
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When Will Workers' Comp Offer a Settlement?
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The timeline for resolving workers' compensation settlements can vary, with an average duration of about six months. This timeframe, however, is subject to change based on factors such as the severity of the injury and the intricacies of the case. Additionally, the duration of the settlement process can be influenced by the negotiations between the injured worker and the workers' compensation insurance company, potentially shortening or extending the time needed to reach a resolution.
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Several other factors influence when and how workers' comp will offer a settlement. These include the expected recovery time, the impact on the worker's ability to return to work, and the accumulated medical expenses. Insurance companies also consider the potential for future medical care and any permanent disabilities. The negotiation process can be lengthy, depending on these factors and the willingness of both parties to reach an agreeable settlement.
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Post-Settlement Actions
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Once a settlement offer is made, it's crucial to remember that you are not obligated to accept it immediately. This is a critical juncture where legal advice can be invaluable. Consulting with a lawyer can help determine if the offer is fair and compensates adequately for your injuries and losses. Harper, Evans, Hilbrenner & Netemeyer, with their expertise in workers' compensation cases, can provide the necessary guidance and representation to ensure your rights are protected.
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Choose the Right Representation for Your Workers' Comp Case
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Understanding when workers' comp will offer a settlement involves recognizing the complexities of the process and the various factors at play. If you find yourself navigating a workers' compensation case, it's essential to have knowledgeable and experienced legal representation. Harper, Evans, Hilbrenner & Netemeyer stand out as a top choice for representation in such cases. Our Columbia workers' compensation attorneys will review your case free of charge. If we accept your case, we are only paid if we recover compensation for you. Call us at 573-442-1660 or contact us for a free case evaluation.
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Remember, the question "When will workers' comp offer a settlement?" is just the beginning. Ensuring that you receive a fair settlement that covers your needs and protects your future is where the expertise of a seasoned legal team becomes invaluable.
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</div>Pedestrian Accident Settlements: Missouri’s Average Settlement for Pedestrians Hit by a CarLaw Missouri HEHNlawmissouriduda@gmail.com (Law Missouri HEHN)2024-02-09T00:03:21Z2024-02-09T00:03:21Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
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The average settlement for pedestrian hit by a car
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The unfortunate event of a pedestrian being struck by a car can lead to a tumultuous period filled with physical pain, emotional trauma, and financial uncertainty. For victims and their families, understanding the potential financial compensation through a settlement is crucial. The average settlement for pedestrians hit by a car is a complex and varied figure, heavily influenced by the specifics of each case.
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The Complexity of Determining Settlement for a Pedestrian Hit by a Car
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Settlements in pedestrian-car accident cases are far from a one-size-fits-all figure. They depend on a multitude of factors, each adding layers of complexity to the final amount. These factors include the severity of injuries, lost wages, insurance limits, and the comparative fault of involved parties. It's important to note that the average settlement for a pedestrian hit by a car is difficult to predict without a thorough review of all case details.
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Factors Influencing Settlement Amounts
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Severity of Injuries
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The nature and extent of injuries sustained in a pedestrian-car accident are pivotal in determining the settlement amount. Severe injuries, such as spinal cord damage or traumatic brain injuries, often lead to higher settlements. This increase is due to several factors such as the immediate and long-term medical costs associated with such injuries, the need for ongoing care, and the significant impact these injuries have on the victim's quality of life. In cases where injuries lead to permanent disability or require long-term rehabilitation, the settlement reflects the gravity of the victim's suffering and the profound changes to their daily life.
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Lost Wages and Earning Capacity
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The impact of the injury on the victim's ability to work is a critical factor in calculating the settlement amount. This consideration includes not only current lost wages due to time away from work but also the diminished earning capacity in the future. For many victims, the injuries sustained may prevent them from returning to their previous employment or pursuing their chosen career path. The settlement aims to compensate for this financial loss, ensuring that the victim's economic stability is preserved despite the accident's repercussions.
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Insurance Coverage
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The settlement amount is significantly influenced by the insurance policies involved in the claim. This includes the liability coverage of the at-fault party and the victim's underinsured motorist coverage. The limits of these policies often set the upper bounds of the settlement amount. In cases where the at-fault party's insurance coverage is insufficient to cover the damages, the victim's underinsured motorist policy can provide additional compensation. However, the intricacies of dealing with insurance companies can be complex, necessitating skilled negotiation to ensure fair compensation.
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Comparative Fault
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In instances where the pedestrian may have contributed to the accident, this shared fault can impact the settlement amount. Comparative fault, or contributory negligence, refers to the situation where the victim holds a portion of the blame for the accident. This could be due to jaywalking, distraction, or other factors. The degree of fault attributed to the pedestrian can proportionally reduce the settlement they receive. Understanding and navigating these nuances is crucial in ensuring a fair settlement.
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Jury Considerations
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When negotiating settlements, insurers often consider what a potential jury verdict might be if the case goes to trial. This consideration is based on the perception of how a jury might view the specifics of the case, including the severity of injuries, the circumstances of the accident, and the parties involved. Insurers may offer settlements that they believe align with potential jury verdicts to avoid the unpredictability and expenses of a trial. The skill of legal representation can significantly influence these negotiations, as experienced attorneys can effectively argue for a settlement that accurately reflects the potential jury verdict.
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Legal Representation: Harper, Evans, Hilbrenner & Netemeyer
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For
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victims of pedestrian accidents
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, securing fair compensation is a critical step in the journey towards recovery. Harper, Evans, Hilbrenner & Netemeyer offers experienced legal representation to those who have sustained serious injuries in such accidents. Personal injury attorneys, Ron Netemeyer and Jill Harper have won millions for their Missouri clients by focusing on the details and developing a winning process. Their expertise in handling these sensitive cases can be instrumental in ensuring that victims receive the compensation they rightfully deserve. If you have been injured in a pedestrian accident, their team can provide the guidance and support needed to navigate the legal process effectively, helping you focus on your recovery while they handle the complexities of your claim.
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</div>Navigate the complexities of pedestrian-car accident settlements with expert legal representation from Harper, Evans, Hilbrenner & Netemeyer. Their experienced attorneys ensure victims receive fair compensation, allowing them to focus on recovery while their team handles the intricacies of the claim process.Pedestrian AccidentsMissouri Personal Injury Claim Deadlines: Statute of Limitations Explained2024-01-31T16:59:40Z2024-01-31T16:59:40Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
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Understanding Missouri's Personal Injury Statute of Limitation
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When it comes to personal injury claims in Missouri, understanding the statute of limitations is crucial. The statute of limitations sets a time limit within which you must file your lawsuit. If you fail to do so within this time frame, you may lose your right to seek compensation for your injuries. In this article, we will delve into the details of the statute of limitations for personal injury claims in Missouri, its various nuances, and how it can affect your ability to obtain justice.
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What is the Statute of Limitations in Missouri?
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Missouri's statutes of limitations concerning personal injury claims are governed by state law. This legal framework is designed to provide a reasonable time frame within which individuals can bring their personal injury lawsuits. The statute of limitations is essentially a legal deadline, and if you miss it, you may be forever barred from pursuing your claim.
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In Missouri, the statute of limitations for personal injury claims typically depends on the type of injury and the circumstances surrounding it. Below, we'll explore some common scenarios and their associated statute of limitations:
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Personal Injury Claims
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For most, but not all, personal injury claims, Missouri has a five-year statute of limitations. This means that you have up to five years from the date of the injury to file your lawsuit. If you fail to do so within this time frame, your claim will likely be dismissed, and you won't be able to recover damages for your injuries. Certain personal injury claims have a shorter statute of limitations such as medical malpractice, which has a 2-year statute of limitations.
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Wrongful Death Claims
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When a personal injury results in the tragic loss of life, the statute of limitations for wrongful death claims in Missouri is also five years. It's important to note that this five-year period begins from the date of the deceased person's death rather than the date of the injury itself. This allows surviving family members some time to grieve and consider legal action.
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Product Liability Claims
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In cases involving defective products that cause injury, Missouri has a strict statute of limitations of five years. However, there's an exception for cases where the injury doesn't become apparent until later. In such situations, the clock starts ticking from the date when the injury is or should have been reasonably discovered, rather than from the date of the initial injury.
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Claims Against Government Entities
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If your personal injury claim involves a government entity, such as a city, county, or state agency, you must adhere to a shorter time frame. Generally, you have only two years from the date of the injury to file a claim. It's important to consult an attorney promptly in these cases, as the process for suing a government entity often involves additional procedural requirements and shorter deadlines.
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The Importance of Timely Action
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Understanding the statute of limitations in Missouri is crucial because failing to adhere to these deadlines can have severe consequences for your personal injury claim. If you wait too long to file your lawsuit, the defendant (the party you're suing) can raise the statute of limitations as a defense, and the court is likely to dismiss your case. This means you lose the opportunity to seek compensation for your injuries, regardless of how strong your case may be.
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There are a few key reasons why the statute of limitations exists:
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Preservation of Evidence: Over time, evidence can deteriorate, witnesses can forget details, and documents can be lost. By imposing a time limit on personal injury claims, the legal system aims to ensure that cases are based on the most reliable and up-to-date information.
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Fairness to Defendants: Defendants have a right to know that they may face legal action within a reasonable time frame. The statute of limitations protects this right by preventing plaintiffs from bringing stale claims.
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Efficiency of the Legal System: Statutes of limitations help keep the legal system running smoothly by encouraging timely resolution of disputes. This, in turn, reduces the backlog of cases in the courts.
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Exceptions to the Statute of Limitations
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While the general rules outlined above cover most personal injury cases in Missouri, there are exceptions and nuances worth exploring:
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Minors and Incapacitated Individuals
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For individuals who were minors at the time of their injury or who are considered legally incapacitated, such as those with severe mental disabilities, the statute of limitations is tolled or paused. In these cases, the clock does not start ticking until the individual reaches the age of 21 or regains capacity, allowing them to pursue a claim when they are better able to understand their rights and the legal process.
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Fraud and Concealment
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If the defendant engaged in fraudulent behavior or concealed information related to the injury, the statute of limitations may be extended. In such instances, the clock starts ticking from the date when the fraud or concealment is discovered or reasonably should have been discovered.
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Continuous Treatment Doctrine
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In medical malpractice cases, the statute of limitations may be extended if the patient underwent continuous treatment related to the same injury or condition. In these situations, the statute of limitations begins running when the last treatment for that particular condition occurs. This ensures that patients are not penalized for ongoing care and treatment.
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Claims Involving Multiple Parties
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When multiple parties are involved in an injury, the statute of limitations may be extended. Missouri follows a principle called "joint and several liability," which means that each defendant is responsible for the entire judgment amount. This allows plaintiffs to pursue claims against one defendant while preserving their right to bring claims against others at a later date.
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The Clock is Ticking: Taking Action
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Understanding the Missouri statute of limitations for personal injury claims is the first step in protecting your legal rights. If you believe you have a valid personal injury claim, it's crucial to act promptly. Here are some key steps to consider:
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Consult an Attorney
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Seeking legal advice is essential when pursuing a personal injury claim. An experienced attorney can evaluate your case, assess the statute of limitations that applies to your situation, and guide you through the legal process. They can also help gather evidence, negotiate with insurance companies, and represent you in court if necessary.
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Preserve Evidence
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To build a strong case, it's important to preserve all relevant evidence. This may include photographs of the accident scene, medical records, witness statements, and any other documents related to your injury. The longer you wait, the more difficult it may become to gather and preserve this crucial evidence.
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Initiate Legal Proceedings
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Once you've consulted with an attorney and assessed your options, it's essential to initiate legal proceedings within the applicable statute of limitations. Waiting until the last minute can lead to unnecessary stress and jeopardize your ability to recover compensation.
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Negotiate with Insurance Companies
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In many personal injury cases, you'll need to negotiate with insurance companies to settle. Insurance companies often have their deadlines for filing claims, so it's important to be aware of these as well. Your attorney can handle these negotiations on your behalf and ensure that all necessary paperwork is submitted promptly.
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The statute of limitations in Missouri plays a critical role in personal injury claims, serving as a legal deadline within which you must take action to seek compensation for your injuries. Failing to adhere to these deadlines can result in the loss of your right to pursue a claim, no matter how valid it may be.
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</div>Discover the importance of understanding Missouri's statute of limitations for personal injury claims in our comprehensive article. Learn how these legal deadlines can impact your ability to seek compensation and the exceptions that may apply.Personal InjuryAverage Slip and Fall Injury Compensation in MissouriLaw Missouri HEHNlawmissouriduda@gmail.com (Law Missouri HEHN)2024-01-31T16:33:50Z2024-01-31T16:33:50Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
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Understanding the Variables: Factors Affecting Slip and Fall Injury Compensation in Missouri
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<img src="https://irp.cdn-website.com/017114d4/dms3rep/multi/AdobeStock_190180694.jpeg" alt="man slips and Falls he seeks out legal compensation through a personal injury lawyer"/>
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Slip and fall accidents are among the most common personal injury incidents in Missouri, often leading to serious injuries and financial burdens for victims. When such accidents occur due to the negligence of property owners or businesses, victims may seek compensation through legal means. In this article, we will explore the average slip and fall injury compensation in Missouri, shedding light on the legal framework, relevant statistics, and factors that impact the compensation awarded to victims.
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Missouri Premises Liability Law Basic
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Missouri premises liability laws are crucial in determining liability in slip and fall cases. These laws establish the legal responsibility of property owners or occupiers for injuries that occur on their premises. In essence, if a person gets injured due to a dangerous condition on someone else's property, they may have the right to seek compensation from the property owner or the business entity that owns the property.
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Key elements of Missouri premises liability law include
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Duty of Care: Property owners have a legal duty to maintain their premises in a reasonably safe condition for visitors and customers. This includes regular inspections and prompt repair of hazards.
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Negligence: To establish a slip and fall claim, the victim must prove that the property owner or occupier was negligent in maintaining the property, and this negligence directly led to the injury.
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Comparative Fault: Missouri follows a comparative fault system, which means that the compensation awarded to the victim may be reduced if they are found partially responsible for the accident.
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Statute of Limitations: In Missouri, personal injury claims, including slip and fall cases, typically have a five-year statute of limitations, meaning victims must file their lawsuits within five years of the accident.
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Now that we understand the basic legal framework, let's delve into the factors that impact the average slip and fall injury compensation in Missouri.
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Factors Influencing Slip and Fall Injury Compensation
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Severity of Injuries: The extent and severity of the injuries sustained in a slip and fall accident play a significant role in determining compensation. More severe injuries result in substantial medical bills and long-term consequences are likely to result in higher compensation amounts.
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Liability: Establishing liability is crucial in slip and fall cases. If it is clear that the property owner or business was negligent and directly responsible for the accident, it is more likely that the victim will receive a higher compensation amount.
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Insurance Coverage: The availability and limits of the property owner's or business's liability insurance coverage can impact the compensation amount. If the at-fault party has higher insurance coverage, it may be possible to secure a larger settlement.
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Medical Expenses: Victims can seek compensation for medical expenses related to their injuries, including hospital bills, surgeries, medications, rehabilitation, and future medical costs. The total medical expenses incurred directly affect the compensation amount.
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Lost Income: If the victim is unable to work due to their injuries, they may be entitled to compensation for lost wages. This can include both past and future income that the victim would have earned had the accident not occurred.
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Pain and Suffering: Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, can also impact the compensation amount. These damages are often more subjective and can vary greatly from case to case.
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Legal Representation: Hiring an experienced personal injury attorney can significantly impact the outcome of a slip and fall case in Missouri. A skilled attorney can negotiate on behalf of the victim and work to maximize the compensation they receive.
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Comparative Fault: Missouri's comparative fault system means that if the victim is found partially responsible for the accident, their compensation may be reduced proportionally. It is essential to establish the degree of fault accurately to maximize compensation.
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Average Slip and Fall Injury Compensation in Missouri
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While it is challenging to pinpoint an exact average compensation amount for slip and fall cases in Missouri, we can look at some statistics and verdicts to gain a better understanding of what victims may expect.
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Verdicts and Settlements: Missouri personal injury verdicts and settlements vary widely, depending on the circumstances of each case. In some instances, victims have been awarded significant compensation, while others have received more modest settlements.
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Case Specifics: The specific details of a slip and fall case significantly impact the compensation amount. Factors such as the location of the accident, the severity of injuries, and the liability of the property owner or business all play a role.
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Past Cases: Past slip and fall cases in Missouri can provide insight into the compensation amounts awarded. However, it's essential to remember that each case is unique, and results can vary.
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Jury Awards: Jury awards in slip-and-fall cases have ranged from a few thousand dollars to several million dollars, depending on the factors mentioned earlier. A skilled attorney can present a compelling case to maximize compensation.
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Settlement Negotiations: Many slip-and-fall cases are settled out of court through negotiations between the parties involved. Settlement amounts can vary, but they are often influenced by the strength of the victim's case and the willingness of the at-fault party to settle.
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Case Study: Missouri Slip and Fall Verdict
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To provide a real-world example, let's consider a recent slip-and-fall verdict in Missouri:
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Case: In a Missouri grocery store, a customer slipped and fell on a wet floor that lacked warning signs or barriers. The customer suffered a fractured hip and required surgery, followed by extensive rehabilitation.
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Verdict: In this case, the jury found the grocery store owner negligent for failing to maintain a safe environment. The victim was awarded $350,000 in compensation, which included medical expenses, lost income, and pain and suffering.
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It's important to note that this verdict is just one example, and outcomes can vary significantly based on the unique circumstances of each case.
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Slip and fall accidents in Missouri can lead to serious injuries and financial hardship for victims. Seeking compensation through legal means is essential to recover damages for medical expenses, lost income, and pain and suffering. Understanding the factors that influence slip and fall injury compensation, such as the severity of injuries, liability, and insurance coverage, can help victims navigate the legal process effectively.
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While there is no fixed average compensation amount for slip and fall cases in Missouri, victims can refer to past cases and settlements as guidelines. Working with an experienced personal injury attorney is crucial to building a strong case and maximizing the compensation to which victims may be entitled. If you or someone you know has been injured in a slip and fall accident in Missouri, it is advisable to consult with a legal professional to assess your options and pursue fair compensation.
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</div>Discover the factors influencing slip and fall injury compensation in Missouri and gain insights into past verdicts and settlements. Learn how to navigate the legal process effectively and maximize your chances of receiving fair compensation for your injuries.Personal InjuryPersonal Injury Settlements in Missouri: Real ExamplesLaw Missouri HEHNlawmissouriduda@gmail.com (Law Missouri HEHN)2024-01-30T01:00:21Z2024-01-30T01:00:21Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
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Factors Influencing Personal Injury Settlement Amounts in Missouri
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When it comes to personal injury settlements in Missouri, it's essential to understand that each case is unique, and the settlement amount can vary significantly based on various factors. These factors include the severity of the injury, liability, insurance coverage, and the negotiation skills of the involved parties. In this article, we will explore real examples of personal injury settlements in Missouri to provide insight into the outcomes of these cases.
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The Landscape of Personal Injury Settlements in Missouri
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Missouri follows a comparative fault system, which means that the compensation a plaintiff receives can be reduced if they are found partially at fault for their injury. This system is crucial to remember when considering personal injury settlements in the state.
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To illustrate the range of settlements in Missouri, we'll draw examples from various sources, including legal websites and government resources.
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$1,000,000 Settlement
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One notable personal injury settlement in Missouri was reported in 2022, where a plaintiff received a $1,000,000 settlement. In this case, the victim suffered head and neck injuries due to a car accident. The severity of the injuries and the resulting medical expenses likely played a significant role in the substantial settlement amount[^1^]. This example highlights the potential for substantial settlements in severe injuries and clear liability cases.
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Workers' Compensation Settlements
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Workers' compensation cases in Missouri follow a different process than typical personal injury claims. The Missouri Department of Labor and Industrial Relations oversees workers' compensation claims in the state[^2^]. The settlements in these cases can vary widely, depending on factors such as the type of injury, the extent of disability, and the injured worker's average weekly wage. Here are a couple of examples:
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Settlement for Permanent Partial Disability
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Suppose a worker sustains a permanent partial disability as a result of a workplace accident in Missouri. In that case, the settlement amount will be based on a formula that considers the nature and extent of the disability, along with the worker's average weekly wage. For instance, a worker who loses a percentage of their earning capacity may receive a settlement that reflects this loss. These settlements can range from several thousand dollars to over a hundred thousand dollars, depending on the specific circumstances.
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Settlement for Total Permanent Disability
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In cases where a worker is rendered totally and permanently disabled, the settlement amount will typically be more substantial. It may include ongoing wage replacement benefits, vocational rehabilitation expenses, and medical treatment costs. Such settlements can reach hundreds of thousands or even millions of dollars, depending on the extent of the disability and the future needs of the injured worker.
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Slip and Fall Accident Settlement
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In a slip and fall case in Missouri, the settlement amount can vary depending on factors such as the severity of the injuries, liability issues, and the negotiation skills of the parties involved. Here's an example:
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Suppose an individual slips and falls on a wet floor in a grocery store due to the store's negligence in maintaining a safe environment. As a result, they suffer a fractured hip and require surgery and extensive rehabilitation. In this case, the injured party may file a personal injury claim against the store. The settlement may include compensation for medical expenses, pain and suffering, lost wages, and future medical needs.
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A slip-and-fall settlement in Missouri could range from a few thousand dollars for minor injuries to several hundred thousand dollars or more for severe injuries with long-term consequences. The key factors influencing the settlement amount would include the extent of the injury, the strength of the evidence, and the negotiation skills of the involved parties.
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Medical Malpractice Settlement
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Medical malpractice cases in Missouri can result in substantial settlements, given the potential for severe harm caused by medical errors. Here's an example:
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Suppose a patient in Missouri undergoes surgery and experiences complications due to a surgeon's negligence. As a result, the patient requires additional surgeries, and extensive medical treatment, and suffers from long-term pain and suffering. In this case, the patient may pursue a medical malpractice claim against the responsible healthcare provider.
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Medical malpractice settlements in Missouri can vary widely, depending on factors such as the extent of the harm, the cost of ongoing medical care, and the impact on the patient's quality of life. Settlements in these cases can range from tens of thousands of dollars to millions of dollars, with the most severe cases resulting in the highest settlements.
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Car Accident Settlement
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Car accidents are among the most common sources of personal injury claims in Missouri. Here's an example of a car accident settlement:
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</p>
<p style="line-height: 1.38;">
<span style="display: initial;">
Suppose a motorist is rear-ended by a distracted driver, resulting in whiplash injuries and ongoing neck pain. In this case, the injured party may file a personal injury claim against the at-fault driver's insurance company.
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<p style="line-height: 1.38;">
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Car accident settlements in Missouri can vary widely depending on factors such as the severity of injuries, the cost of medical treatment, property damage, and lost wages. Settlements for minor injuries may range from a few thousand dollars to tens of thousands. In comparison, settlements for more severe injuries or cases involving permanent disability can exceed a million dollars.
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<p>
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</p>
<h2 style="line-height: 1.38;">
<span style="display: initial;">
Factors Affecting Personal Injury Settlements
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</h2>
<p style="line-height: 1.38;">
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Now that we've explored some real examples of personal injury settlements in Missouri, it's crucial to understand the factors that influence these settlements:
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<h3 style="line-height: 1.38;">
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Severity of Injuries
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The extent of the plaintiff's injuries plays a significant role in determining the settlement amount. More severe injuries typically result in higher settlements, as they require more extensive medical treatment and may have long-term or permanent consequences.
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</p>
<p>
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<span style="display: initial;">
Liability
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</h3>
<p style="line-height: 1.38;">
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Establishing liability is critical in personal injury cases. If there is clear evidence of the defendant's negligence or wrongdoing, it strengthens the plaintiff's case and can lead to higher settlements.
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</p>
<h3 style="line-height: 1.38;">
<span style="display: initial;">
Insurance Coverage
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The amount of insurance coverage available can limit the potential settlement amount. If the at-fault party has minimal insurance coverage, it may be challenging to secure a substantial settlement, even in cases with severe injuries.
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</p>
<p>
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</p>
<h3 style="line-height: 1.38;">
<span style="display: initial;">
Comparative Fault
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</h3>
<p style="line-height: 1.38;">
<span style="display: initial;">
Missouri's comparative fault system allows for a reduction in the plaintiff's compensation if they are found partially at fault for the accident. The degree of fault assigned to each party can impact the final settlement amount.
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<h3 style="line-height: 1.38;">
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Negotiation Skills
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<p style="line-height: 1.38;">
<span style="display: initial;">
The negotiation skills of the plaintiff's attorney and the defendant's insurance company can also influence the settlement outcome. Skilled negotiators may secure higher settlements for their clients.
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<p style="line-height: 1.38;">
<span style="display: initial;">
Economic Damages
</span>
</p>
<p style="line-height: 1.38;">
<span style="display: initial;">
Personal injury settlements often include compensation for economic damages, such as medical bills, lost wages, property damage, and future medical expenses. The calculation of these damages can significantly impact the settlement amount.
</span>
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<p>
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</p>
<h3 style="line-height: 1.38;">
<span style="display: initial;">
Non-Economic Damages
</span>
</h3>
<p style="line-height: 1.38;">
<span style="display: initial;">
Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are also considered in personal injury settlements. These damages are subjective and can vary greatly depending on the circumstances of the case.
</span>
</p>
<p style="line-height: 1.38;">
<span style="display: initial;">
Personal injury settlements in Missouri encompass a wide range of scenarios, from car accidents and slip and fall cases to medical malpractice and workers' compensation claims. The examples provided in this article illustrate the variability of settlement amounts based on factors such as the severity of injuries, liability, insurance coverage, and negotiation skills.
</span>
</p>
<p style="line-height: 1.38;">
<span style="display: initial;">
It's essential to remember that every personal injury case is unique, and the specific circumstances will determine the outcome. If you or a loved one has been injured due to someone else's negligence in Missouri, it's crucial to consult with an experienced personal injury attorney who can assess your case
</span>
</p>
<p style="line-height: 1.5;">
<span style="display: initial;">
<br/>
<br/>
<br/>
</span>
</p>
</div>Explore real examples of personal injury settlements in Missouri, ranging from a $1,000,000 settlement in a car accident case to workers' compensation and medical malpractice settlements. Understand the factors that influence these settlements and gain valuable insights into the legal landscape of personal injury in Missouri.Personal InjuryWhat Will a Divorce Lawyer Ask Me?2020-12-07T22:44:28Z2020-12-07T22:44:28Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
When filing for divorce, it’s completely normal and expected to experience heartache. Whether you’ve been married for two or 20 years, divorce is often highly emotional and stressful. Discussing your divorce with a lawyer may be intimidating, especially if it's your first time. However, the initial consultation is an important opportunity for your attorney to get to know you and understand both the context and desired outcome of your divorce. By knowing what to expect going in, you can feel prepared and start the process off on the right foot.
</span>
</span>
</p>
</div>
<div>
<a>
<img src="https://irp-cdn.multiscreensite.com/017114d4/dms3rep/multi/marriage-divorce-on-judge-gavel-deciding-KG5XCVE.jpg" alt="The Missouri divorce lawyers at Harper, Evans, Wade & Netemeyer provide consultations to answer your questions and begin building your case." title="Missouri Divorce Lawyers | Harper, Evans, Wade & Netemeyer"/>
</a>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h2>
<span style="display: initial;">
Questions You Can Expect From Your Consultation With a Divorce Lawyer in Missouri
</span>
</h2>
</div>
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<h4>
<span style="font-weight: bold; display: initial;">
<span style="font-weight: bold; display: initial;">
What Caused Your Divorce?
</span>
</span>
</h4>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Marriages end for a variety of different reasons, including irreconcilable differences. Missouri is a no-fault state, meaning one spouse can file for divorce with no specific reason. Further, a spouse does not have to prove marital misconduct from either party to file for divorce. When you and your spouse end the marriage on these terms and already agree on most issues, you may wish to pursue an
</span>
</span>
<a href="https://www.lawmissouri.com/family-law/uncontested-divorce" target="_blank" style="display: initial;">
uncon
</a>
<a href="https://www.lawmissouri.com/family-law/uncontested-divorce" target="_blank" style="display: initial;">
tested divorc
</a>
<a href="https://www.lawmissouri.com/family-law/uncontested-divorce" target="_blank" style="display: initial;">
e
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.
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<p>
<span style="display: initial;">
<br/>
However, marriages can also end due to reasons like adultery, addiction or abuse. If this is the case, it’s important for your divorce attorney to have a full understanding of what happened. These factors can help determine alimony, or monetary payments from one spouse to another for a set period of time. Alimony, otherwise known as spousal support, is determined by several factors, including:
</span>
</p>
<p>
<br/>
</p>
<ul>
<li>
<span style="display: initial;">
The financial stability of each spouse.
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<span style="display: initial;">
The debts and assets of each spouse.
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</li>
<li>
<span style="display: initial;">
The conduct of spouses during the marriage.
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</li>
</ul>
<p>
<span style="display: initial;">
<br/>
If you were significantly wronged by your spouse, you may be awarded more alimony. So, don’t shy away from providing your divorce lawyer with the full context about why your marriage is ending.
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</p>
</div>
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<h4>
<span style="display: initial; font-weight: bold;">
<span style="display: initial; font-weight: bold;">
Are You And Your Spouse Separated?
</span>
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</h4>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: initial;">
Many couples live apart before formally going through the divorce process. Everyone moves at their own pace, and sometimes this physical separation is a period when couples either consider reconciliation or mentally prepare for a divorce. Either way, it’s important for your divorce lawyer to know your current living situation and how you wound up there.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
If you and your spouse are currently living apart, it’s important for your lawyer to note how long you’ve been separated for. There is a difference between a short-term separation and a legal one. The state of Missouri recognizes legal separation, which some couples pursue before their actual annulment or divorce. Legal separations are court-ordered and allow you to protect your marital assets. If you are legally separated, it’s important for your divorce lawyer to know the terms and rules ordered by the judge.
<span>
</span>
</span>
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<h4>
<span style="display: initial; font-weight: bold;">
<span style="display: initial; font-weight: bold;">
Do You And Your Spouse Have Children Together?
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</span>
</h4>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
If you and your spouse share children who are minors, they will inevitably become a huge factor in your divorce. Their best interest is your priority when figuring out the terms of your divorce, especially if the children are young. Your divorce lawyer will have to understand your wishes for
</span>
</span>
<a href="https://www.lawmissouri.com/family-law/child-custody" target="_blank" style="display: initial;">
child custody
</a>
<span style="display: initial;">
<span style="display: initial;">
and, if applicable,
</span>
</span>
<a href="https://www.lawmissouri.com/family-law/child-support" target="_blank" style="display: initial;">
child support
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
Child custody breaks down into physical and legal custody.
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</p>
<ul>
<li>
<span style="display: initial; font-weight: 700;">
Legal custody
</span>
<span style="display: initial;">
<span style="display: initial;">
involves the decision-making power for things like the child’s education and healthcare.
</span>
</span>
</li>
<li>
<span style="display: initial; font-weight: 700;">
Physical custody
</span>
<span style="display: initial;">
<span style="display: initial;">
refers to the time children spend with each parent. You and your spouse can break down time with your children based on weekdays, weekends, holidays and more.
</span>
</span>
</li>
</ul>
<p>
<span style="display: initial;">
<br/>
In many cases, parents will seek joint legal and physical custody, but sometimes, there are serious circumstances that can warrant one parent pursuing sole custody of children.
<span>
</span>
</span>
</p>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h4>
<span style="display: initial; font-weight: bold;">
<span style="display: initial; font-weight: bold;">
What Are Your Priorities For The Outcome of Your Divorce?
</span>
</span>
</h4>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Your divorce attorney is the one who will be making a case to fight for your wishes, so share your top priorities with them from the beginning. For example, if you want full legal custody of your children and to keep your marital home, your divorce attorney can build an argument that puts those goals first.
</span>
</span>
</p>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h3>
<span style="display: initial;">
Trusted Divorce Lawyers in Missouri
</span>
</h3>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h4>
<span style="display: initial;">
Choose Harper, Evans, Hilbrenner & Netemeyer as Your Missouri Family Lawyers as You Navigate Divorce, Child Support & Alimony
</span>
</h4>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
If you or your spouse are filing for divorce in Missouri, turn to the trusted divorce lawyers at Harper, Evans, Hilbrenner & Netemeyer. We rely on compassion and experience to provide an exceptional standard of service to our clients during this difficult time. Our trusted team is composed of expert family lawyers, divorce lawyers and child custody lawyers in Missouri. To schedule your initial consultation,
</span>
</span>
<a href="https://www.lawmissouri.com/contact" target="_blank" style="display: initial;">
contact us
</a>
<span style="display: initial;">
<span style="display: initial;">
today.
</span>
</span>
</p>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h5>
<span style="display: initial;">
<span style="display: initial;">
Filing for divorce in Missouri?
</span>
</span>
<a href="/contact" style="display: initial;">
Contact our divorce lawyers
</a>
<span style="display: initial;">
<span style="display: initial;">
for compassionate family law services. We can schedule your first consultation with a divorce lawyer today. Call (573) 442-1660.
</span>
</span>
</h5>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: initial;">
We’re proud to represent clients across Boone and the surrounding counties including Audrain, Callaway, Cole, Randolph, Monroe, and Saline, MO.
</span>
</p>
</div>Filing for divorce in Missouri? Come prepared for your first consultation with a divorce lawyer by knowing what questions they’ll ask you.Top 5 Things to Ask Your Personal Injury Attorney Before You Hire Them2020-12-02T17:52:38Z2020-12-02T17:52:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
If you’ve been injured due to another’s negligence and would like compensation, you have many important decisions to make, including which personal injury attorney will represent you. Having the right attorney on your side can make all the difference in the success of your case. While finding the best personal injury lawyer for your case may seem intimidating, it doesn’t have to be as complicated as it may feel. You can be confident you’re choosing the right personal injury attorney in Missouri by asking the following questions to your top candidates.
</span>
</span>
</p>
</div>
<div>
<a>
<img src="https://irp-cdn.multiscreensite.com/017114d4/dms3rep/multi/lawyers-are-giving-legal-advice-to-clients-A3PS82T.jpg" title="Personal Injury Attorneys in Missouri | HEWN" alt="Harper, Evans, Wade & Netemeyer offers experienced personal injury attorneys in Missouri."/>
</a>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h2>
<span style="display: initial;">
Top Questions to Ask Your Missouri Personal Injury Attorney
</span>
</h2>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h4>
<span style="display: initial;">
<span style="display: initial;">
Things to Keep in Mind Before Hiring an Accident Attorney, Medical Malpractice Lawyer or Workers’ Comp Lawyer in Missouri
</span>
</span>
</h4>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h5>
<span style="display: initial; font-weight: bold;">
<span style="display: initial; font-weight: bold;">
Have you had success with personal injury cases like mine before?
</span>
</span>
</h5>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
The practice area of personal injury law is vast. Whether you were in a car accident, boat accident, a slip and fall accident, or are filing a workers’ compensation or medical malpractice lawsuit, you want a personal injury lawyer who is seasoned in cases like yours. When medical bills and lost wages pile up, the stakes are too high to choose a lawyer who is inexperienced with cases like yours. While no two cases are the exact same, hiring a lawyer who has experience with similar cases is in your best interest.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
<br/>
A good lawyer should not take on a case unless they’re confident they can help you succeed. The personal injury attorneys at Harper, Evans, Hilbrenner & Netemeyer proudly represent Missouri clients in a variety of cases, winning over $250 million total for our clients. We offer the following
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury" target="_blank" style="display: initial;">
personal injury law
</a>
<span style="display: initial;">
<span style="display: initial;">
services:
</span>
</span>
</p>
<p>
<br/>
</p>
<ul>
<li>
<a href="https://www.lawmissouri.com/personal-injury/boat-accidents" target="_blank" style="display: initial;">
Boat accident lawyers
</a>
</li>
<li>
<a href="https://www.lawmissouri.com/personal-injury/car-accidents" target="_blank" style="display: initial;">
Car accident lawyers
</a>
</li>
<li>
<a href="https://www.lawmissouri.com/personal-injury/child-injuries" target="_blank" style="display: initial;">
Child injury attorneys
</a>
</li>
<li>
<a href="https://www.lawmissouri.com/personal-injury/dog-bites" target="_blank" style="display: initial;">
Dog bite lawyers
</a>
</li>
<li>
<a href="https://www.lawmissouri.com/personal-injury/medical-malpractice" target="_blank" style="display: initial;">
Medical malpractice lawyers
</a>
</li>
<li>
<a href="https://www.lawmissouri.com/personal-injury/motorcycle-accidents" target="_blank" style="display: initial;">
Motorcycle accident lawyers
</a>
</li>
<li>
<a href="https://www.lawmissouri.com/personal-injury/nursing-home-abuse-neglect" target="_blank" style="display: initial;">
Nursing home abuse lawyer
</a>
</li>
<li>
<a href="https://www.lawmissouri.com/personal-injury/slip-and-fall-accidents" target="_blank" style="display: initial;">
Slip and fall lawyers
</a>
</li>
<li>
<a href="https://www.lawmissouri.com/personal-injury/truck-accidents" target="_blank" style="display: initial;">
Truck accident lawyers
</a>
</li>
<li>
<a href="https://www.lawmissouri.com/workers-comp" target="_blank" style="display: initial;">
Workers’ comp lawyers
</a>
</li>
<li>
<span style="display: initial;">
And more!
</span>
</li>
</ul>
<p>
<span style="display: initial;">
<span style="display: initial;">
<br/>
View some of our
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury/case-results" target="_blank" style="display: initial;">
previous case results
</a>
<span style="display: initial;">
<span style="display: initial;">
for personal injury cases across Missouri.
</span>
</span>
</p>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h5>
<span style="display: initial; font-weight: bold;">
Will my personal injury case go to trial? Do you have experience defending clients in trial?
</span>
</h5>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Many personal injury cases are settled out of court. In fact, most cases will never have to go to trial. However, hiring an personal injury attorney is the best way to convince insurance companies it's in their best interest to settle your claim. You want an attorney who’s dedicated to serving people like you —
</span>
</span>
<span style="display: initial; font-style: italic;">
<span style="display: initial; font-style: italic;">
not
</span>
</span>
<span style="display: initial;">
massive insurance companies.
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
<br/>
If your case does go to trial, the attorneys at Harper, Evans, Hilbrenner & Netemeyer are fully prepared to defend you in court.
</span>
</span>
<a href="https://www.lawmissouri.com/contact" target="_blank" style="display: initial;">
Schedule a free consultation
</a>
<span style="display: initial;">
<span style="display: initial;">
with our team to learn more about our experience settling personal injury cases both in and out of court.
</span>
</span>
</p>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h5>
<span style="display: initial; font-weight: bold;">
<span style="display: initial; font-weight: bold;">
How much does a lawyer cost?
</span>
</span>
</h5>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: initial;">
When consulting with personal injury attorneys, be sure to ask what their fees are and whether or not you can expect any out-of-pocket costs. Before hiring a lawyer, ensure there will be no surprises. Many lawyers handle injury cases on a contingency fee basis, meaning there is no attorney fee unless your case is won, and the attorney fee will be a percentage of the amount of compensation recovered for you. Ask any potential law firms you’re speaking with if this is the case for them. Being transparent with fees in the beginning will not only allow you to choose the best lawyer for you, but also save you the headache of unexpected costs.
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
<br/>
At Harper, Evans, Hilbrenner & Netemeyer we
</span>
</span>
<a href="https://www.lawmissouri.com/contact" target="_blank" style="display: initial;">
offer free consultations
</a>
<span style="display: initial;">
<span style="display: initial;">
to discuss your case to see if our team would be the right fit for you. If we accept your case, the
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury" target="_blank" style="display: initial;">
personal injury attorneys
</a>
<span style="display: initial;">
<span style="display: initial;">
at Harper, Evans, Hilbrenner & Netemeyer are only paid if we receive compensation for you.
</span>
</span>
</p>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h5>
<span style="display: initial; font-weight: bold;">
<span style="display: initial; font-weight: bold;">
Who will be working on my case?
</span>
</span>
</h5>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
When consulting with a law firm, ask who will handle the various aspects of your case. Sometimes, the person you speak with initially won’t be the one who is responsible for defending you. It’s important to know who your main point of contact will be, and who you’re entrusting with the outcome of your case. Make sure you know how your case will be managed, and that it’s being overseen by experts in personal injury law.
</span>
</span>
</p>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h5>
<span style="display: initial; font-weight: bold;">
<span style="display: initial; font-weight: bold;">
Can I get a list of referrals for your previous personal injury clients?
</span>
</span>
</h5>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: initial;">
Any great attorney should have several satisfied clients. In addition to checking a law firm’s online reviews, ask if they have any referrals. Some past clients may have confidentiality restrictions, but others may not.
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
<br/>
Read Harper, Evans, Hilbrenner & Netemeyer’s
</span>
</span>
<a href="https://www.google.com/search?q=harper+evans+wade+%26+netemeyer&rlz=1C5CHFA_enUS919US919&oq=harper+evans+wade+%26+netemeyer&aqs=chrome..69i57j46i175i199j69i59l3j69i61l3.6077j0j7&sourceid=chrome&ie=UTF-8#lrd=0x87dcb7cf4459490f:0xe5a40680cae8f067,1,,," target="_blank" style="display: initial;">
Google reviews
</a>
<span style="display: initial;">
<span style="display: initial;">
to hear from our previous clients, and speak to our attorneys to learn about cases we’ve successfully handled that are similar to yours.
</span>
</span>
</p>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h3>
<span style="display: initial;">
Choose Harper, Evans, Hilbrenner & Netemeyer as Your Personal Injury Attorneys in Missouri
</span>
</h3>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h5>
<span style="display: initial;">
<span style="display: initial;">
Whether you need an accident attorney, a medical malpractice lawyer or workers’ comp lawyer, our experienced team can help.
</span>
</span>
</h5>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Our lawyers have over 100 years of combined experience representing people like you across Missouri. Our personal injury attorneys
</span>
</span>
<a href="https://www.lawmissouri.com/our-attorneys/ron-netemeyer" target="_blank" style="display: initial;">
Ron Netemeyer
</a>
<span style="display: initial;">
<span style="display: initial;">
and
</span>
</span>
<a href="https://www.lawmissouri.com/our-attorneys/jill-harper" target="_blank" style="display: initial;">
Jill Harper
</a>
<span style="display: initial;">
<span style="display: initial;">
have
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury/case-results" target="_blank" style="display: initial;">
won millions for our clients
</a>
<span style="display: initial;">
<span style="display: initial;">
and will work tirelessly to get you the compensation you deserve for lost wages, medical bills and pain and suffering experienced after your accident.
</span>
</span>
<a href="https://www.lawmissouri.com/contact" target="_blank" style="display: initial;">
Contact us today
</a>
<span style="display: initial;">
<span style="display: initial;">
to schedule a free consultation for your case — we’ll get back to you as soon as possible.
</span>
</span>
</p>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h4>
<span style="display: initial;">
Our Personal Injury Law Missouri Service Areas
</span>
</h4>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
We’re proud to represent clients across the state, including in
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-blue-springs" target="_blank" style="display: initial;">
Blue Springs
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-chesterfield-mo" target="_blank" style="display: initial;">
Chesterfield
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-columbia-mo" target="_blank" style="display: initial;">
Columbia
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-hannibal-mo" target="_blank" style="display: initial;">
Hannibal
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-independence-mo" target="_blank" style="display: initial;">
Independence
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-jefferson-city-mo" target="_blank" style="display: initial;">
Jefferson City
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-joplin-mo" target="_blank" style="display: initial;">
Joplin
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-kansas-city-mo" target="_blank" style="display: initial;">
Kansas City
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/kirksville" target="_blank" style="display: initial;">
Kirksville
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-lake-ozark-mo" target="_blank" style="display: initial;">
Lake of the Ozarks
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-mexico" target="_blank" style="display: initial;">
Mexico
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-moberly-mo" target="_blank" style="display: initial;">
Moberly
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-montgomery-city-mo" target="_blank" style="display: initial;">
Montgomery City
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-sedalia-mo" target="_blank" style="display: initial;">
Sedalia
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-springfield-mo" target="_blank" style="display: initial;">
Springfield
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-st-charles-mo" target="_blank" style="display: initial;">
St. Charles
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-stjoseph-mo" target="_blank" style="display: initial;">
St. Joseph
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-stlouis-mo" target="_blank" style="display: initial;">
St. Louis
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-warrensburg-mo" target="_blank" style="display: initial;">
Warrensburg
</a>
<span style="display: initial;">
<span style="display: initial;">
,
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury-lawyers-warrenton-mo" target="_blank" style="display: initial;">
Warrenton
</a>
<span style="display: initial;">
<span style="display: initial;">
and
</span>
</span>
<a href="https://www.lawmissouri.com/wentzville" target="_blank" style="display: initial;">
Wentzville
</a>
<span style="display: initial;">
<span style="display: initial;">
, MO.
</span>
</span>
</p>
</div>Injuries are frustrating, and you deserve a personal injury attorney who will win you compensation. Learn which questions to ask to ensure you hire the right team.State divided on issue of checkpoints to deter drunk driving2017-05-04T06:14:54Z2017-05-04T06:14:54Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Sobriety checkpoints are frequently utilized by law enforcement agencies. Police officers use the checkpoints as a means to reduce
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
drunk driving
</a>
<span style="display: initial;">
<span style="display: initial;">
by identifying those who are operating vehicles while under the influence of alcohol. However, a debate about the checkpoints has arisen in the Missouri legislature.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
The Missouri State House of Representatives had previously introduced a spending plan that would have stopped state funding of sobriety checkpoints. The provision was included because concerns had been raised that such checkpoints may violate motorists’ rights. However, the State Senate recently removed the verbiage that eliminated state funding.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The proposal would not have affected checkpoints conducted by local authorities. However, funding for the checkpoints at the state level remains undecided until a new spending plans can be negotiated. A few other states in the country prohibit police from stopping drivers unless an illegal activity is suspected. The U.S. Supreme Court upheld the use of such roadblocks in 1990.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Missouri Highway Patrol reported that roughly 22 percent of all fatalities on the roads involved drunk drivers. Officers at a recent sobriety checkpoint in the central part of the state had stopped 105 vehicles. From those drivers, three were arrested for driving while intoxicated. There was a total of 16 violations, with two felony warrant arrests.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When someone is arrested for drunk driving at a sobriety checkpoint or elsewhere in the state of Missouri, it is important to remember that he or she has the right to mount a defense to the charges. An experienced criminal defense attorney can thoroughly discuss the entire legal process and examine any evidence in the case. A strong defense team is imperative to minimizing any negative outcomes for a client.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: stltoday.com, “
</span>
<a href="http://www.stltoday.com/news/local/govt-and-politics/missouri-senators-move-to-keep-drunk-driving-checkpoints-in-budget/article_c95852c4-4160-5b56-8325-802bab4e4430.html" target="_blank" style="display: initial;">
Missouri senators move to keep drunk driving checkpoints in budget
</a>
<span style="display: initial;">
“, Kurt Erickson, April 23, 2017
</span>
</p>
</div>Drunk DrivingMissouri man facing drug charges after search2017-04-27T06:17:47Z2017-04-27T06:17:47Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Police officers in Missouri and throughout the country often conduct searches as part of an investigation when there is suspicion of unlawful behavior. There are guidelines in place for the law enforcement agencies to ensure that these searches are conducted appropriately. A recent search in Monroe County resulted in the arrest of a Madison man for
</span>
</span>
<a href="/criminal-defense/drug-crimes" style="display: initial;">
drug charges
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On April 12, officers from various agencies executed a search warrant at the man’s home, according to the Monroe County Sheriff’s Office. The Sheriff worked in conjunction with the Missouri Highway Patrol and the East Central Drug Task Force to conduct the search. Reports show that several people were held at the scene without incident during the search.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Apparently, drug paraphernalia and various containers holding marijuana were discovered in the search. According to police, an undisclosed amount of money and a Winchester rifle were also found at the home. After the search, the man was taken to the Monroe County Jail.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The man was charged with the unlawful possession of a firearm and the unlawful use of a weapon. He was also charged with delivery of a controlled substance except 35 grams or less of marijuana. He is being held at the jail on a $50,000 bond.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Someone facing drug charges in Missouri could benefit from the counsel of a knowledgeable criminal defense attorney. An experienced lawyer can evaluate any evidence and determine if it was collected correctly by officers in a search. A strong legal team will help an individual present the strongest defense possible and develop the best plan to minimize any negative outcomes.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: hannibal.net, “
</span>
<a href="http://www.hannibal.net/news/20170418/madison-man-arrested-on-drug-charges" target="_blank" style="display: initial;">
Madison man arrested on drug charges
</a>
<span style="display: initial;">
“, Robert Stodgell, April 18, 2017
</span>
</p>
</div>Drug ChargesDistracted driving could result in personal injury cases2017-04-20T06:19:37Z2017-04-20T06:19:37Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Texting while driving has become an increasingly serious problem in Missouri and elsewhere around the country. Police say that the behavior is deadly and often leads to fatal accidents. Reports show that
</span>
</span>
<a href="/personal-injury" style="display: initial;">
personal injury
</a>
<span style="display: initial;">
<span style="display: initial;">
and fatalities result from car crashes when drivers fail to put down their phones.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to the Missouri State Highway Patrol, texting while driving is defined as distracted driving for adults over the age of 21. It is illegal for anyone under the age of 21 to text while driving. Other actions, such as adjusting the radio, applying makeup or reaching for food are also categorized as distracted driving. However, the behavior must be observed by police and be determined as a hazard on the roads.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A Highway Patrol officer attributes distracted driving as the number one cause of all traffic accidents. In addition, more teen fatalities are caused by traffic accidents than any other reason. This combination is of great concern to the Missouri Department of Transportation. The electronic signs on roadways throughout the state stress the importance of not texting while driving.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Police recommend keeping both hands on the wheel and remaining focused while driving. They suggest placing the phone out of reach in the back seat and only check it when the vehicle is not in operation. Officers recount the tragic responsibility of informing a family member that a loved one has been seriously injured or died because of distracted driving.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When someone in Missouri has been injured or died as a result of someone else’s distracted driving, surviving family members may be entitled to seek compensation for damages. An experienced attorney can help victims and/or families through the legal process of filing a personal injury lawsuit or a wrongful death claim. A successful award could help offset unexpected hospital costs, funeral expenses and/or other monetary damages that accrue from such acts of negligence.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kspr.com, “
</span>
<a href="http://www.kspr.com/content/news/What-Missouri-law-says-about-distracted-driving-418266823.html" target="_blank" style="display: initial;">
What Missouri law says about distracted driving
</a>
<span style="display: initial;">
“, Matt Buhrman, April 4, 2017
</span>
</p>
</div>Personal Injury4 arrested on drug charges after bust near school2017-04-13T06:20:59Z2017-04-13T06:20:59Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Drug-free zones were established in Missouri and around the country in an effort to minimize the risk to children from being exposed to drug-related activities. If someone is convicted of
</span>
</span>
<a href="/criminal-defense/drug-crimes" style="display: initial;">
drug charges
</a>
<span style="display: initial;">
<span style="display: initial;">
in a drug-free zone, that person is likely to face more serious consequences for the same activity than if it had occurred elsewhere. A recent operation in Monroe County has resulted in the arrest of four men on a variety of charges.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Several agencies, including the Missouri State Highway Patrol and the Monroe County Sheriff’s Department, conducted a drug bust only 600 feet from a school. Police officers allegedly found the four men in a detached building on the property of one of the men. Among the items discovered were purportedly 16 pounds of marijuana, four grams of THC, two glass smoking devices and $30,000 in cash.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Per reports, the Division of Family Services removed a minor child from the home. Two of the men claimed that they had licenses to grow and use marijuana for medicinal purposes. However, according to authorities, neither man could provide proof of a license.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
All of the men were charged with possession of a controlled substance and unlawful possession of drug paraphernalia, according to police reports. Some were charged with distribution of a controlled substance in a protected area and endangering the welfare of a child. Other charges included unlawful use of a weapon and maintaining a public nuisance.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When someone is facing drug charges of any type, it is important to contact a Missouri criminal defense lawyer as soon as possible. An experienced attorney can review all the details of a specific situation and work with a client to determine the best course of action. A strong defense team’s goal is to minimize the negative impact to a client’s life.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: moberlymonitor.com, “
</span>
<a href="http://www.moberlymonitor.com/news/20170407/16-pounds-of-marijuana-found-in-drug-bust-600-feet-from-madison-school" target="_blank" style="display: initial;">
16 pounds of marijuana found in drug bust 600 feet from Madison school
</a>
<span style="display: initial;">
“, April 7, 2017
</span>
</p>
</div>Drug Charges3 charged with DUI felonies likely focused on criminal defense2017-04-06T06:22:38Z2017-04-06T06:22:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
According to Missouri prosecutors, three people have been charged with the felonies of persistent driving while under the influence. The arrests were made in South St. Louis County and Kirkwood over the last several months. While any driving while intoxicated charge is considered serious, a persistent DUI charge carries greater potential consequences, should someone be convicted. Any person facing such a charge will want to mount a strong
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
criminal defense
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<br/>
</p>
<p>
A 32-year-old woman was arrested after allegedly leaving the scene of an accident. The woman reportedly crashed into a lane-divider sign and a tree before driving away. Police had stopped the woman for apparently driving drunk, but matched her license plate to the one left earlier at the crash site. The officer claimed that he smelled alcohol on the driver’s breath. Records show that she had been previously been convicted of DWI in 2011 and 2012.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A 44-year-old man was arrested for DWI in Dec., 2016. A Kirkwood police officer supposedly found the man sleeping in a car that had been reported as having a careless driver. The man allegedly tried to drive away when first awakened, but later gave the keys to the officer. Police reports state that the man was too drunk for sobriety tests, but later tested at a .286 blood-alcohol level. He was previously convicted of DWI in 1999 and 2005.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A 35-year-old man was pulled over for a traffic violation when a Missouri State Highway Patrol officer apparently smelled alcohol and saw other signs of intoxication. He performed poorly on field sobriety tests, according to the officer. The man, who tested at a .251 blood-alcohol level, was arrested for DWI. His previous DWI convictions were in 2001, 2004 and 2007.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Any Missouri resident facing charges such as these will want to contact an experienced criminal defense attorney. A DUI lawyer will help clients understand the complexities of the charges and work toward achieving the best possible outcome given the situation. Having a strong advocate can help to minimize the negative consequences to an individual or a family member.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: callnewspapers.com, “Prosecutors charge three with persistent DUI felonies”, March 22, 2017
</span>
</p>
</div>Criminal DefenseCrash may lead to personal injury case against driver's estate2017-03-29T06:24:13Z2017-03-29T06:24:13Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Driving the wrong way on a road in Missouri or elsewhere around the country is a dangerous behavior. Often, this action may result in accidents, causing both property damage and
</span>
</span>
<a href="/personal-injury" style="display: initial;">
personal injury
</a>
<span style="display: initial;">
. When a fatality occurs as a result of wrong-way driving, the victim’s surviving family members may choose to file a wrongful death case. Recently, a head-on collision in South St. Louis County claimed the lives of two people.
</span>
</p>
<p>
<br/>
</p>
<p>
The accident occurred on Interstate 55 in the early morning of Wednesday, March 22, according to the Missouri Highway Patrol. A car was traveling northbound when an SUV, traveling the wrong way in the lane, crashed head-on into it. The accident caused the northbound lanes of the interstate to be closed for approximately one hour.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The driver of the SUV was a 41-year-old man. He was transported to a nearby hospital and died as a result of injuries from the collision. The driver of the car, a 28-year-old man, was pronounced dead at the scene of the accident. Police reports indicate that neither man involved was wearing a seat belt.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Missouri families in similar circumstances may choose to file a wrongful death lawsuit to seek recovery of funeral expenses and assuage the grief from the loss of a loved one. Though the driver responsible for an accident may have died, a claim may still be made against the deceased’s estate. Seeking advice from an experienced personal injury attorney is the first step in building a successful case. A strong legal team can help families through the complicated litigation process.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: fox2now.com, “
</span>
<a href="http://fox2now.com/2017/03/22/accident-blocks-portion-of-nb-i-55-in-south-st-louis-county/" target="_blank" style="display: initial;">
Two killed in wrong-way crash on NB I-55 in south county
</a>
<span style="display: initial;">
“, Kevin S. Held and Katie Kormann, March 22, 2017
</span>
</p>
</div>Personal InjuryResearch shows teens are wired to engage in risky driving behaviors2017-03-24T06:26:22Z2017-03-24T06:26:22Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
It may not come as a surprise that the Centers for Disease Control and Prevention says that drivers between the ages of 16 and 20 have a significantly higher risk for being in a car accident than any other age group. However, recent research indicates that inexperience behind the wheel may not be the only reason behind the number of accidents across Missouri that involve adolescents and young adults.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Laurence Steinberg, a professor of psychology at Temple University, says that adolescents are wired to seek excitement, while the part of the brain that provides self regulation does not reach maturity until people are in their mid 20s. The peak of the desire for risk taking generally occurs at age 19.
</span>
</span>
<a href="https://www.nytimes.com/2017/03/08/well/family/teenagers-do-dumb-things-but-there-are-ways-to-limit-recklessness.html?_r=0" target="_blank" style="display: initial;">
The research
</a>
<span style="display: initial;">
, published in Developmental Science, involved more than 5000 individuals in 11 separate countries shows that teens desire excitement and engage in risk taking behaviors before the brain’s ability to regulate risk develops sufficiently to mitigate risks. While it is possible individual cases for parents to help to guide their children to reduce risks, accidents continue to devastate families.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Understanding Rights After An Accident Is Critical
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When a group of teens head out after school for an event, meet to blow off steam on the weekend or engage in any activities with friends, and a car accident destroys the evening, parents are frequently left reeling without guidance about how to get their children the full medical care they need. When friends and neighbors are involved in an accident, parents know that a child needs medical attention, but may not understand their rights to get compensation to protect the financial security of their injured child.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
It is important to note that accidents do happen. Parents may believe that nothing can be done when teens are injured. It is critical for parents to understand that legal action may be necessary. When a child is in the hospital it is difficult to step back and consider the potential long-term needs that may be needed. Consulting with doctors is vitally important. At the same time, a phone call to a
</span>
</span>
<a href="/personal-injury/car-accidents/teen-driver-accidents" style="display: initial;">
personal injury lawyer
</a>
<span style="display: initial;">
<span style="display: initial;">
can help parents understand their legal rights and further protect their children if negligence was involved in causing the accident.
</span>
</span>
</p>
</div>The evidentiary issues of police body camera footage2017-03-23T06:27:29Z2017-03-23T06:27:29Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Around the country, law enforcement agencies are adopting body camera technology. The purpose of this effort has been to gather better evidence, to encourage greater transparency and for accountability. However, as body cameras have become more prevalent, glaring issues with the technology have become apparent.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Any new technology has hiccups, but body camera evidence has raised more questions than answers. It is especially troublesome when relied upon as evidence in a criminal case. The Columbia Police Department is one of the police departments to arm their officers with body cameras.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
On Sunday March 20, 2017, an eyewitness filmed an incident at the Eagle Stop gas station. On the following Monday, the local news aired footage of the eyewitness video. In response, the Columbia Police Department released a portion of their
</span>
</span>
<a href="http://www.columbiatribune.com/news/crime/columbia-police-release-body-camera-video-of-eagle-stop-incident/article_9ff54266-0dad-11e7-9772-cf754ea76556.html" target="_blank" style="display: initial;">
body camera footage
</a>
<span style="display: initial;">
of the incident. The department released the footage in an effort for the public to have a more complete picture.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This case is pending and we do not have all the information at this time. However, body camera footage used as evidence, comes with a caution.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Around the country, serious questions are being raised about body camera footage. Some notable cases involved dismissal of criminal charges due to issues with body camera footage. In these cases, it was discovered that some videos had been manipulated. Upon investigation, it was discovered that some of the videos were altered through editing or deletion.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
·
</span>
</span>
<a href="https://www.washingtonpost.com/business/technology/a-cop-fires-a-teen-dies-yet-six-police-body-cameras-somehow-miss-what-happens/2017/03/20/c7d801a8-0824-11e7-b77c-0047d15a24e0_story.html?utm_term=.a65b2e83297f" target="_blank" style="display: initial;">
Read more
</a>
<span style="display: initial;">
about a New Mexico teen and the six body cameras that failed to capture her death.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
· Read here about a Baltimore arrest where the cameras were missing critical pieces of information and capture cops’ bad behavior.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Some police departments have also faced scrutiny because of questionable record retention issues and improper evidence identification of video evidence. Improper storage and identification has even resulted in the failure of departments to release certain videos to defense attorneys in criminal cases.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Varying policies about body camera usage also present an additional evidentiary issue. Law enforcement agencies using the body cameras have their own use policies. Laws governing how the video is retained and released vary by state. Often police officers are in control of when the camera is on, what it films and how it is configured and policies are not always followed.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Many of the concerning cases around the country were dismissed because the camera either didn’t capture what it should have or captured incriminating information about the actions of police officers.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
An experienced attorney understands the importance of challenging evidence, even evidence that seems to be clear on its face. Video evidence comes with its own uncertainties and issues. As with any evidence used to prosecute a case, questioning what we think we see and what we think we know is critical to uncovering the truth.
</span>
</p>
</div>Criminal DefenseIs recent drug arrest in Hannibal a case in point?2017-03-22T06:31:35Z2017-03-22T06:31:35Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
In our last entry, we explored the issue of police traffic stops and how they so often end up leading to serious criminal charges. As we noted, such cases are
</span>
</span>
<a href="/blog" style="display: initial;">
of events
</a>
<span style="display: initial;">
. What such actions should trigger, though, are questions about whether police overstepped their authority and acted in violation of the Fourth Amendment right against illegal search and seizure.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
What’s at stake is not just the
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
protection of individual rights
</a>
<span style="display: initial;">
<span style="display: initial;">
of Missouri residents, but the defense of the Constitution.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
This particular subject remains on our radar in light of events reported earlier this month out of Hannibal. According to the
</span>
</span>
<a href="http://www.hannibalpd.com/news/2017/03/08/two-subjects-arrested-on-drug-charges/" target="_blank" style="display: initial;">
police report
</a>
<span style="display: initial;">
, officers with the Anti Crime Enforcement Squad, or ACES unit, pulled over a couple in a car one recent evening.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The reason police gave for the stop was an unspecified “license violation.” But, as part of the stop, officers conducted searches. By the end of the encounter, both subjects in the car were under arrest on a variety of drug-related and other charges.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The question some legal observers might pose is whether this wasn’t a case of overreach. A news story in the Hannibal Herald-Whig from last year notes that ACES is a 10-year-old unit. Its focus is on investigating alleged narcotic distribution and gathering intelligence about the drug trade in the Hannibal area.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Considering the special nature of its mission, it seems fair to wonder why the ACES unit was out making traffic stops in the first place. Was the basis of the stop legitimate? Did officers have a warrant to conduct a search? Did they ask and receive consent from the driver for their actions? Or was the claim of an apparent license violation a vague and convenient explanation to rationalize everything?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Experienced attorneys know such questions deserve to be asked and answered.
</span>
</p>
</div>Criminal DefenseChildren might have difficulty dealing with unexpected deaths2017-03-17T06:34:18Z2017-03-17T06:34:18Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When a child loses a loved one, it can be difficult to help the child understand what happened. Some children don’t have the level of comprehension necessary to make discussing death with them easy. Unfortunately, there isn’t much that you can do to remedy the pain that the child is likely to feel. Consider these tips if you are left explaining the loss of a loved one to a little one.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
First, use words the child can understand. You will have to simplify things to an age-appropriate level. Be sure to avoid saying things like the person is “sleeping” because this might give the child false hope that the person will wake up. It can also lead to the child being afraid to go to sleep.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Don’t provide gory details about the accident to a child. Keep the information you provide simple so that the child has a basic understanding of what happened. You might be able to share some details with older children, but you should still be careful.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Some children will ask the same question or say the same thing over and over again while they cope with the loss. Think about your reactions when the child does this because how you react might set the tone for how the child works through his or her own feelings.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
One thing that a child might pick up on is the stress of having to deal with the finances left behind. The family members who are left behind might choose to
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
seek compensation
</a>
<span style="display: initial;">
<span style="display: initial;">
through a wrongful death lawsuit to try to recover some of the money they are out of because of the death.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Funeral Plan, “
</span>
<a href="http://www.funeralplan.com/griefsupport/childquestions.html" target="_blank" style="display: initial;">
Answering a Child’s Questions about Death
</a>
<span style="display: initial;">
,” accessed March 17, 2017
</span>
</p>
</div>Officer's right to search not a given in a traffic stop2017-03-16T06:38:22Z2017-03-16T06:38:22Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
It is not at all unusual to see the following lead in news stories these days. “A traffic stop led to the arrest of a suspect on
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
drug charges
</a>
<span style="display: initial;">
.” Whether you live in Missouri or some other state, it is not uncommon for authorities to stop a driver and then leverage the stop into an investigation that results in formal charges.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Even though it may seem to be standard practice, it’s important for individuals to know that police do not automatically have the right to conduct a search of your vehicle during a stop. If one is conducted and it does lead to you facing serious charges, the legality of the search deserves to be challenged. If police violated the rules of evidence in some way it can be argued that the fruits of the search aren’t admissible in court.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
This is a view that many courts support. For example, consider
</span>
</span>
<a href="http://www.greenwichtime.com/news/article/Court-finds-in-woman-s-favor-in-drug-case-van-10992574.php" target="_blank" style="display: initial;">
this case out of New Hampshire
</a>
<span style="display: initial;">
. In 2013, a state trooper pulled over a man and woman in a van. The reason for the stop was that a computer check indicated that the license plate belonged on another vehicle.
</span>
</p>
<p>
<br/>
</p>
<p>
In the course of the stop, the officer asked for permission to conduct a search. The male driver consented. A police dog called to the scene discovered suspected drugs. Arrests followed and the man and woman were eventually convicted.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
At trial, the defendants argued that the evidence had been obtained by illegal search, but the trial judge denied motions to dismiss the evidence. However, the state Supreme Court reversed that decision recently. It said the license plate issue, which prompted the stop, didn’t amount to a reasonable suspicion of any other violation. So justices returned the case to the lower court for further consideration.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Your freedom depends on the protection of your rights. Knowing what your rights are requires depth of legal knowledge that only comes with experience.
</span>
</p>
</div>Drug ChargesOverloaded trucks can cause serious accidents in Missouri2017-03-15T06:39:38Z2017-03-15T06:39:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Overloaded trucks are a big concern on the roads of Missouri due to the serious accidents that they can cause. There are federal regulations in place that prevent trucks from being overloaded, but not all drivers or companies follow them. Here is a look at overloaded truck accidents and the injuries they can cause.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There are federal and state laws in place that put a limit on the weight of the load a truck can carry. In some instances, trucks can go over this limit, but they are required to obtain a special permit to do so.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The manufacturers of trucks establish the vehicle’s Gross Vehicle Weight Rating (GVWR) and it is listed on the plate. This is calculated by the company rating the brakes, frame, axels, powertrain, suspension and frame. No truck is legally allowed to carry more than the rating and should never exceed a GVWR of 80,000 pounds.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
According to the Federal Motor Carrier Safety Administration (FMCSA), if there is no plate stating GVWR on a truck, law enforcement officials are to assume a GVWR of 26,001 or more pounds. It is required that truck drivers use weight stations during their routes to ensure they are sticking to the GVWR on their trucks.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The performance of an overloaded truck can cause accidents due to reduced performance. This includes additional braking needed to stop, going down an incline at a higher rate of speed than anticipated, shifting cargo and difficulty handling turns.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Overloaded trucks can lose their load if it shifts, can rollover, and can have difficulty stopping in high volumes of traffic. All of these problems can lead to serious accidents that can cause injury and even death of the truck driver and others on the roads of Missouri.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The truck driver and the company that owns the truck can be held liable in any overloaded truck accident case.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<a href="/personal-injury/truck-accidents" style="display: initial;">
Visit our site
</a>
<span style="display: initial;">
<span style="display: initial;">
today to learn more about overloaded truck accidents in Columbia, Missouri, and how you can seek compensation following an accident.
</span>
</span>
</p>
</div>Duty of care in Missouri pedestrian accidents2017-03-10T06:41:42Z2017-03-10T06:41:42Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Pedestrian accidents can be some of the most tragic in Missouri, especially when they could have been avoided. There is a duty of care expected from all parties involved in a pedestrian motor vehicle accident. The driver has a duty of care, the pedestrian has a duty of care and there is special duty of care by drivers for children.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As a general rule of thumb, drivers are required to exercise reasonable care under the circumstances. When a driver fails to do this, it is called negligence. Factors that lead to negligence include the following:
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
— Speeding
</span>
</p>
<p>
<span style="display: initial;">
— Distracted driving
</span>
</p>
<p>
<span style="display: initial;">
— Not signaling when turning
</span>
</p>
<p>
<span style="display: initial;">
— Failing to yield right of way to pedestrians at crosswalks
</span>
</p>
<p>
<span style="display: initial;">
— Driving under the influence of alcohol or drugs
</span>
</p>
<p>
<span style="display: initial;">
— Disregarding traffic conditions or weather conditions
</span>
</p>
<p>
<span style="display: initial;">
— Disobeying traffic laws or traffic signals
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Pedestrians are also expected to exercise a reasonable duty of care when walking on sidewalks or crossing the street. The care required of the pedestrian should be in proportion to the danger that has to be avoided in the situation. Factors that contribute to pedestrian negligence include the following:
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
— Disrupting the flow of traffic
</span>
</p>
<p>
<span style="display: initial;">
— Entering traffic
</span>
</p>
<p>
<span style="display: initial;">
— Running out in front of a vehicle
</span>
</p>
<p>
<span style="display: initial;">
— Not using marked crosswalks
</span>
</p>
<p>
<span style="display: initial;">
— Ignoring pedestrian “walk” signals at intersections
</span>
</p>
<p>
<span style="display: initial;">
— Ignoring traffic signals
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Children are very susceptible to being involved in a pedestrian accident. But, those from the ages of 5 and 9 have the highest risk of being hit by a car. Children cannot be predicted, are small and very difficult to see behind parked cars and other moving vehicles. Drivers are expected to have a higher duty of care when it comes to children as pedestrians. This means drivers must exercise a greater duty of care when driving near parks, in school zones, near school buses and in other areas where children are present.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
An experienced
</span>
</span>
<a href="/personal-injury/pedestrian-accidents" style="display: initial;">
motor vehicle accidents attorney
</a>
<span style="display: initial;">
<span style="display: initial;">
can answer all of your pedestrian accident questions in Columbia, Missouri, and explain your rights following an accident.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Findlaw, “
</span>
<a href="http://injury.findlaw.com/car-accidents/pedestrian-accidents-overview.html" target="_blank" style="display: initial;">
Pedestrian Accidents Overview
</a>
<span style="display: initial;">
,” accessed March 10, 2017
</span>
</p>
</div>Funeral expenses following fatal motor vehicle accidents2017-03-08T06:43:20Z2017-03-08T06:43:20Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Fatal motor vehicle accidents occur all too often on the roads of Missouri. The victims killed in the crash are not the only victims. Those killed in fatal accidents leave behind children, parents, siblings, friends and other family members whose lives are not turned upside down. There are various funeral expenses following fatal motor vehicle accidents.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The negligence or intentional actions of another person could lead to you collecting reimbursement for the funeral expenses incurred from a loved one’s death in a motor vehicle accident. The following are just some of the funeral expenses you could incur after a fatal motor vehicle accident:
</span>
</p>
<p style="line-height: 1.5;">
<span style="display: initial;">
<br/>
</span>
</p>
<p style="line-height: 1.5;">
<span style="display: initial;">
– Pick up of the body.
</span>
</p>
<p style="line-height: 1.5;">
<span style="display: initial;">
– Service fees for the funeral director and all staff working the viewing/funeral.
</span>
</p>
<p style="line-height: 1.5;">
<span style="display: initial;">
– The casket or an urn.
</span>
</p>
<p style="line-height: 1.5;">
<span style="display: initial;">
– Preparation fees and embalming fees.
</span>
</p>
<p style="line-height: 1.5;">
<span style="display: initial;">
– The hearse, limousines and flower cars.
</span>
</p>
<p style="line-height: 1.5;">
<span style="display: initial;">
– Viewing and visitation fees for the staff and the facility.
</span>
</p>
<p style="line-height: 1.5;">
<span style="display: initial;">
– Memorial service or funeral fees for the staff and the facility.
</span>
</p>
<p style="line-height: 1.5;">
<span style="display: initial;">
– Cremation fees.
</span>
</p>
<p style="line-height: 1.5;">
<span style="display: initial;">
– Crypt or cemetery lot.
</span>
</p>
<p style="line-height: 1.5;">
<span style="display: initial;">
– Grave marker or tombstone.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It is estimated that funerals now cost more than $7,000. If the victim in the car accident did not have life insurance, it will be difficult to pay for the service and burial out of pocket.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Aside from the funeral expenses following a fatal motor vehicle accident, loved ones of the victim could also incur medical expenses. The patient might not have died on scene, which means he or she might have spent time in the hospital receiving prolonged care. The longer the stay, the higher the costs. If the victim dies, someone will be stuck with the portion of the bill that is not paid by the insurance company.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Victims of fatal motor vehicle accidents are not just those who die in the crash, but also their loved ones. Learn your rights in Missouri and protect your family following such an accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<a href="/personal-injury/car-accidents" style="display: initial;">
Visit our site
</a>
<span style="display: initial;">
<span style="display: initial;">
today to learn more about fatal motor vehicle accidents and the funeral expenses that follow.
</span>
</span>
</p>
</div>Forfeiture: What Happens To Seized Property If You Are Convicted?2017-03-07T06:44:20Z2017-03-07T06:44:20Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Many people are not aware that under the
</span>
</span>
<a href="http://www.moga.mo.gov/mostatutes/stathtml/51300006071.html" target="_blank" style="display: initial;">
Criminal Activity Forfeiture Act
</a>
<span style="display: initial;">
, law enforcement can take property believed to be used in criminal activity. Seized property may include money, cars, weapons or some other type. Law enforcement officers may seize the property when executing a search warrant or at the time of arrest.
</span>
</p>
<p>
<br/>
</p>
<p>
In every state, there are specific laws that govern whether seized property may be forfeited. In Missouri, the law protects innocent property owners and defendants found not guilty. The law also protects those persons arrested, but not charged.
</p>
<p>
<br/>
</p>
<h2>
<span style="display: initial;">
But if you are found guilty (or plead guilty) and your property is forfeited – where does it go?
</span>
</h2>
<p>
<span style="display: initial; font-style: italic;">
<span style="display: initial; font-style: italic;">
Missouri law requires that the state auditor release a report to account for the seized property. Last week, Missouri State Auditor Nicole Galloway released the annual report for 2016. You can read that full report
</span>
</span>
<a href="https://app.auditor.mo.gov/Repository/Press/2017010406994.pdf" target="_blank" style="display: initial; font-style: italic;">
here
</a>
<span style="display: initial; font-style: italic;">
. According to the Missouri Times, in 2016, law enforcement seized an estimated $6.3 million worth of property.
</span>
</p>
<p>
<br/>
</p>
<p>
Of the property seized in Missouri, a small percentage (8%) was returned to the owner, $2,745,658 was transferred to a federal agency and $97,067 was transferred to the state. The report indicates that about $2,588,046 is still pending due to unresolved criminal cases and forfeiture proceedings.
</p>
<p>
<br/>
</p>
<p>
Under Missouri law, all forfeited property the state receives goes to fund schools and not law enforcement.
</p>
<p>
<br/>
</p>
<p>
Critics of the forfeiture laws in Missouri have argued that despite the reporting requirements, the actual result is not as much transparency about what or how much is forfeited. This is due to some agencies not reporting and the high amount of the “pending” forfeited property which isn’t resolved until a later date.
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
Forfeiture laws are complicated and just one of the collateral consequences of a criminal conviction that many people do not know about or consider. Protect yourself by making sure your attorney advises you on how forfeiture laws may impact your defense.
</p>
</div>Serious injuries caused by Missouri motorcycle accidents2017-03-03T06:47:25Z2017-03-03T06:47:25Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Motorcycles are a great way to enjoy the warm weather in Missouri, which is right around the corner. But, they can also be a liability for those who do not know how to properly operate them. Motorcycle accidents can range in severity from minor to deadly, which means the type of injuries riders can suffer also vary. Today we will discuss serious injuries caused by motorcycle accidents.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
One of the most serious injuries caused by a motorcycle accident is that of head trauma. Even some of the most skilled and experienced riders can suffer head trauma. This injury can still occur even if the rider was wearing a helmet. If the rider is involved in a violent crash, he or she could suffer a traumatic brain injury.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Spinal cord injuries are very serious injuries that can be caused by motorcycle accidents in Missouri. Spinal cord injuries include nerve damage, broken vertebra, pinched nerves, muscle and tissue damage and paralysis. Because the motorcycle does not encompass the rider’s body like a vehicle, the rider is more susceptible to serious injuries when involved in an accident. There is nothing around their body to lessen the blow or protect the body.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Broken bones are very common motorcycle accident injuries. Most riders extend their arms to the ground when falling off their bike, which can lead to a broken wrist, arm or dislocated shoulder. Other broken bones include ankles, feet, legs, the pelvis and collar bones.
</span>
</p>
<p>
<span style="display: initial;">
It is possible for motorcycle riders to suffer temporary vocal cord paralysis during an accident. This can happen if your neck slams into the dash or handlebars of the bike during an accident. Temporary vocal cord paralysis can last a couple of months and might take a lot of therapy to get back into speaking shape.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Victims of motorcycle accidents can seek compensation for lost wages, pain and suffering, future loss of wages and medical expenses.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
Visit our site
</a>
<span style="display: initial;">
<span style="display: initial;">
to learn more about motorcycle accidents in Columbia, Missouri, and your rights as a rider.
</span>
</span>
</p>
</div>How to avoid distracted driving on Missouri roads2017-03-01T06:48:50Z2017-03-01T06:48:50Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Distracted driving is an ever-increasing problem throughout the country and Missouri is no exception. Distracted drivers are out there in numbers, but you don’t have to become a statistic. It is entirely up to you to avoid distractions while behind the wheel of a vehicle. Here are some important tips to follow.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The first tip is to limit the number of passengers in your vehicle as well as the activity that occurs when driving. The more people in the car, the more likely you are to become distracted while driving. Having conversations with all of the occupants can cause you to lose focus and even take your eyes off the road.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Use your handheld device only in an emergency. This means you should never use it to text, write an email, make a call or read the news while operating the vehicle. Cell phones are great lifelines and can help keep us safe, but should never be used when operating a vehicle unless absolutely necessary.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Should you feel drowsy, get off the road. You should never drive when having trouble keeping your eyes open. This can lead to falling asleep behind the wheel, which almost never ends well. Drowsy driving is comparable to drunk driving, which you should also never do.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
When behind the wheel, do not eat, even if you ran out of time at home or the office to finish your breakfast or lunch. Eating food while driving can lead to some serious accidents. The same goes for drinking hot coffee or tea. A spill involving a hot beverage can lead to a nasty accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Do not shave, put on makeup, or perform any other grooming activities while driving. This includes trying to tie a tie, button your shirt or fix your belt. All of this takes away from your focus on the road ahead of you.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
An experienced
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
personal injury attorney
</a>
<span style="display: initial;">
<span style="display: initial;">
in Columbia, Missouri can answer all your questions about distracted driving car accidents.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Geico, “
</span>
<a href="https://www.geico.com/information/safety/auto/teendriving/distracted-driving/" target="_blank" style="display: initial;">
Tips to Avoid Distracted Driving
</a>
<span style="display: initial;">
,” accessed March 01, 2017
</span>
</p>
</div>How do I avoid pedestrian accidents behind the wheel?2017-02-23T06:50:31Z2017-02-23T06:50:31Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Drivers have so many responsibilities these days on top of worrying about what other drivers around them will do. One of the most distracting issues for drivers in many states is watching out for pedestrians. Pedestrians can be difficult to see when driving and sometimes dart out in front of moving cars due to lack of attention. So, how do you avoid pedestrian accidents behind the wheel?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The Missouri law states the following when it comes to pedestrians: “When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk…”
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
One of the best ways to avoid pedestrian accidents is to remove all distractions from the vehicle when driving. Do not talk or text on a handheld device. Do not worry about changing the radio stations or changing CDs. Refrain from doing other tasks while operating the vehicle so your full attention is on the road.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Drivers should always use their mirrors. Even though most pedestrians behind you will not be a problem, some next to your vehicle could become an issue if not paying attention. Mirrors are installed on vehicles to make operating them safer. Mirrors are especially helpful when backing out of a parking spot or driveway. Use them to spot pedestrians.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Do not operate your vehicle if the windshield is dirty. A dirty windshield can distort your view, leading you to have trouble seeing a pedestrian in front of you or off to the side.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Always use the turn signals, even if you are the only vehicle on the road. Turn signals are not just important for other vehicles, but also pedestrians in the area. They will be able to anticipate your move when they see a turn signal activated.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Be wary of your speed at all times, especially in areas of high pedestrian traffic, such as cities or tourist locations. The safer your speeds, the less likely it is that you will have an
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury/pedestrian-accidents/" target="_blank" style="display: initial;">
accident involving a pedestrian
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Findlaw, “
</span>
<a href="http://injury.findlaw.com/car-accidents/pedestrian-accidents-overview.html" target="_blank" style="display: initial;">
Pedestrian Accidents Overview
</a>
<span style="display: initial;">
,” accessed Feb. 21, 2017
</span>
</p>
</div>The dangers of distracted truck driving in Missouri2017-02-21T06:55:13Z2017-02-21T06:55:13Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Truck accidents can be very scary for all involved because of the size of the trucks and the rate of speed at which the accidents can occur. Truck drivers are not immune to making mistakes when behind the wheel. They are also susceptible to driving distracted, just like everyone else in cars, buses, motorcycles and SUVs.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Federal Motor Carrier Safety Administration prohibits truck drivers from using a handheld device while driving a commercial vehicle for interstate commerce. This includes texting while driving. Truck drivers who are caught using a handheld device or texting while driving face a myriad of penalties. These include fines and being taken off the road.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The rules set forth by the FMCSA do not cover dispatching equipment, so long as it is used for company purposes and not to send or receive text messages. According to research from the FMCSA, commercial drivers who text behind the wheel are 23 times more likely to get involved in a critical accident compared to those who do not text and drive.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Distracted truck drivers can cause serious accidents on the roads of Missouri. These accidents can lead to injury and even death of the truck driver, other drivers, pedestrians and passengers in other vehicles.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The FMCSA can fine a driver up to $2,750 for a first offense. Any driver found to be a repeat offender will be suspended from operating a truck for 120 days. The employer of the truck driver could face a fine of $11,000 if they knowingly allow their drivers to use handheld devices for texting or other calls while driving.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Distracted truck driving does not involve just the use of a handheld device. It also includes eating, drinking, shaving, applying makeup, reading a newspaper/magazine and changing the radio stations while behind the wheel. A truck driver who texts while driving takes their eyes off the road for an average of 3.8 to 4.6 seconds, which can account for 300 yards of travel when going 55 MPH.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
An experienced
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
personal injury attorney
</a>
<span style="display: initial;">
<span style="display: initial;">
in Columbia, Missouri, will be able to explain your rights in a truck accident case.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Trucking Truth, “
</span>
<a href="http://www.truckingtruth.com/trucking_blogs/Article-3826/distracted-driving-for-truck-drivers" target="_blank" style="display: initial;">
Distracted Driving For Truck Drivers: The Penalties And Risks
</a>
<span style="display: initial;">
,” Brett Aquila, accessed Feb. 21, 2017
</span>
</p>
</div>How do I avoid fatal motor vehicle accidents in Missouri?2017-02-17T06:58:08Z2017-02-17T06:58:08Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Avoiding fatal motor vehicle accidents in Missouri is possible, but there is only so much you can do when driving. There are plenty of safety tips you can follow, but you also need to know that not all fatal accidents are caused by the victim. That is where the problem lies.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When you take matters into your own hands you can do quite a few things to stay safe. The first is never driving impaired, whether under the influence of alcohol or drugs. Alcohol and drugs impair your vision, decision making and reaction time when behind the wheel.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Obeying the speed limits is also an important safety tip for avoiding fatal motor vehicle accidents. Speed limits are posted for a reason, to keep all drivers safe from excessive speeds. There’s also nothing wrong with going 5 or 10 miles under the speed limit in adverse conditions to ensure safety.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Always wear your seatbelt while in a moving vehicle. This goes for every person in the vehicle, not just the driver. Seatbelts save lives and were created for a reason. Even though they might cause you to break an arm or damage your shoulder during an accident, they will prevent you from being thrown about the vehicle or through the windshield.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Distracted driving is a major issue across the state of Missouri and the country these days. With so many people owning smartphones, more and more drivers are texting while driving, talking while driving, writing emails while driving and more. You should never drive while using a handheld device, unless you can speak on a hands-free bluetooth device. Taking your eyes off the road for three seconds can lead to a life altering accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Distractions also include screaming children, changing the radio stations, eating, drinking, shaving, applying makeup, talking to passengers and reading a newspyaper or magazine. None of this should be done while behind the wheel.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<a href="/personal-injury/car-accidents" style="display: initial;">
Staying safe while driving
</a>
<span style="display: initial;">
<span style="display: initial;">
a vehicle in Missouri can be done if you so choose to do so. But, others might not drive safely. Fatal motor vehicle accidents will always be a part of our society, but there’s plenty we can do to prevent them.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: CDC, “
</span>
<a href="https://www.cdc.gov/motorvehiclesafety/costs/" target="_blank" style="display: initial;">
Injury Prevention & Control: Motor Vehicle Safety
</a>
<span style="display: initial;">
,” accessed Feb. 17, 2017
</span>
</p>
</div>How can I stay safe on my motorcycle in Missouri?2017-02-15T06:59:56Z2017-02-15T06:59:56Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Riding a motorcycle can be exhilarating and dangerous all at once. There is nothing wrong with having a little bit of fun on a motorcycle, and there are plenty of ways to stay safe while riding on the roads of Columbia, Missouri. So, how do I stay safe while riding my motorcycle?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
One of the first things you must do is watch your speed. It can be easy to get lost in the thrill of the pavement under your feet while on a motorcycle. This can lead to excessive speed. Make a mental note to stick to the speed limit, or lower speeds in the case of adverse conditions, in order to avoid a wreck.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Make sure you are seen by other motorists while on the motorcycle. Close to 70 percent of accidents involving a motorcycle and another vehicle are caused by the driver of the vehicle not seeing the motorcycle. This can be avoided by making yourself seen. Inspect the intersection upon arrival by scanning every part of it as you arrive. Slow down and anticipate that other drivers will not see you.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Stay mentally focused while operating a motorcycle. It can be very easy to mentally check out while operating a bike. Try not to gaze at the sky because you could find yourself in a precarious situation. Do your best to keep your eyes and your mind on the road to stay safe.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Wear the appropriate clothing when riding your motorcycle. This includes avoiding short sleeve shirts, baggy pants and open-toed shoes such as sandals or flipflops. You should wear clothing that is tight to your body and shoes that cannot fall off your feet while riding.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Do not use a motorcycle when upset, angry, distressed or in any other type of negative mental state. Being distracted while riding a motorcycle can be deadly. Your mind needs to be as focused as possible while operating the bike. If you use your bike while in such a mental state, you could make a small mistake that could lead to serious injuries.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Seeker, “
</span>
<a href="http://www.seeker.com/top-10-ways-to-stay-safe-on-your-motorcycle-1765348573.html" target="_blank" style="display: initial;">
Top 10 Ways to Stay Safe on Your Motorcycle
</a>
<span style="display: initial;">
,” accessed Feb. 15, 2017
</span>
</p>
</div>Top seven things to do after a car accident2017-02-08T07:02:25Z2017-02-08T07:02:25Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A car accident is always a traumatic experience. An accident can rattle your nerves and make it difficult to protect yourself and your property. The following steps can help prepare you for potential legal issues often associated with car accidents:
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Stay Safe And Remain At The Scene
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The first and most important step after any car accident is to call 911 and remain safe. Passing motorists frequently react to accidents with anger or a sense of wonderment and they do not pay attention. If you are able to get out of your car, be aware of the traffic around you to avoid further problems. It is also critical to remain at the scene to avoid more legal problems.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Check For Potential Injuries
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you are able to move around, check your passengers and anyone else at the scene for potential injuries. It is important to understand that moving a person who has a head, neck or back injury should not be moved under most circumstances. Make sure anyone with significant injuries gets medical attention. If you need to call 911 again to ensure an ambulance is on the way after discovering injuries, make the call.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Exchange Insurance Information
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While waiting at emergency personnel to arrive, gather information from any witnesses or other drivers involved in the accident. All parties need to exchange insurance information, telephone numbers and driver’s license numbers and tags. This information will help you as you report the accident to your insurance company and work to resolve any other issues associated with the accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Gather Evidence
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
After gathering each party’s information, it’s important to take pictures of your vehicle and the other vehicles involved in the accident. Most people have cellphones and have easy access to a camera. Remain safe in traffic and be aware of your surroundings. If it is safe to do so, photograph the damage and the accident scene, before any cars are moved or towed away.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Don’t Admit To Anything
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Even if you think you might be at fault, never admit to anything at the scene of a car accident. Accidents typically occur in the blink of an eye, and any statement made in the immediate aftermath may not be accurate. You can protect your rights by allowing an attorney to evaluate the evidence and uncover facts that you may not be aware of.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p style="line-height: 1;">
<span style="font-weight: bold; display: initial;">
Get Medical Attention
</span>
</p>
<p style="line-height: 1;">
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
After a traumatic event, the flow of adrenaline can mask pains related to an injury. Other injuries do not begin to produce symptoms until days – or longer – after an accident. A medical evaluation can uncover physical harms you may not be aware of, as well as set a baseline for your physical condition after the wreck.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Call A Lawyer
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
It is important to notify your insurance company about the accident. However, if you or a loved one has been injured, calling a lawyer can make a significant difference in the outcome of any claim you may have. It is often tempting to speak with insurance adjusters in an effort to get things resolved easily. However, insurance professionals are trained to protect their own bottom lines. Before speaking to anyone, calling an
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
experienced personal injury lawyer
</a>
<span style="display: initial;">
<span style="display: initial;">
can help you to avoid costly mistakes.
</span>
</span>
</p>
</div>Risks of injury and death in being a pedestrian or bicyclist2017-02-07T07:04:39Z2017-02-07T07:04:39Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Being a pedestrian can be hazardous to your health. Every year, nearly 5,000 pedestrians are killed as the result of collisions with motor vehicles. More than 65,000 pedestrians annually are injured as a result of motor vehicles crashing into them. Many of the pedestrians are children, ages 14 and under, with medical costs of over $5 billion per year resulting from their injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When it comes to how pedestrians suffer their injuries, they do so in a variety of ways. Almost a quarter of pedestrians are injured as a result of uneven or cracked sidewalks. Trips and falls account for 17 percent of the injuries. Being hit by cars accounts for 12 percent.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
When it comes to
</span>
</span>
<a href="/personal-injury/pedestrian-accidents" style="display: initial;">
pedestrian deaths
</a>
<span style="display: initial;">
, 70 percent of pedestrians that are killed are males and their average age is 47. The average age of those injured is 37. More than a third of pedestrians killed had a blood alcohol level above the legal limit. In terms of the drivers involved in those fatal crashes, 14 percent had a blood alcohol level above the legal limit.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Of pedestrian fatalities, it’s also important to note that three-quarters of those deaths occur in urban areas. Just over 25 percent of those deaths take place between the hours of 6p.m. and 9 p.m.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Although fewer bicyclists are killed in comparison to pedestrians — a rate of 726 bicyclists versus 5,000 walkers — the difference in number between those injured is not all that different. To this end, statistics show that more than 50,000 bicyclists are injured every year.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As far as bicyclists are concerned, nearly 30 percent of their injuries result from being hit by a car. The average age of bicyclists killed is 45 with an alarming 88 percent of those of killed being males.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
More than 70 percent of those fatalities occur in urban areas. Of those instances, 20 percent take place between 6 p.m. and 9 p.m. Nearly 20 percent of bicyclists killed had blood alcohol levels above the legal limit and over a third of the drivers involved were legally intoxicated as well.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you or someone you know was seriously injured or killed as the result of being struck by an automobile while walking as a pedestrian or as a bicyclist, the advice and counsel of an experienced Missouri attorney may provide you insight as to your rights in filing a claim.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Pedestrian and Bicycle Information Center, “
</span>
<a href="http://www.pedbikeinfo.org/data/factsheet_crash.cfm" target="_blank" style="display: initial;">
Pedestrian and bicycle crash statistics
</a>
<span style="display: initial;">
,” accessed Feb. 07, 2017
</span>
</p>
</div>Truck driver fatigue a common cause of truck accidents2017-02-03T07:06:53Z2017-02-03T07:06:53Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A common cause of truck accidents in Columbia, Missouri, is truck driver fatigue. This issue is also common across the country as truck drivers are sometimes encouraged to drive as long as possible in order to cut down on overtime hours and delivery times.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Getting involved in an accident is scary enough, but when it involves a truck or tractor trailer, the situation can become dire. Severe injuries and even death can occur when involved in a truck accident with a driver who is fatigued.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
Truck driver fatigue can be caused by a number of things, including:
<br/>
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
– Lack of sleep
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
– Lack of quality sleep
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
– Illness
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
– Driving too many miles in a day
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
– Lack of breaks
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
– Driving at times of the day when normally asleep
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
– Presence of untreated sleep disorders
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
– Traveling long stretches of road with little to look at
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
– Sedative drugs
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
– Stress, frustration, fear and anger
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
– Temperatures and road vibrations
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
– Poor eating habits
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
Truck driver fatigue can lead to the following issues:
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
– Problems with vision
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
– Delayed response time behind the wheel
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
– Inability to gauge the proper braking distance required to stop the truck
</span>
</p>
<p style="line-height: 2;">
<a href="/personal-injury/truck-accidents" style="display: initial;">
Truck driver fatigue
</a>
<span style="display: initial;">
<span style="display: initial;">
has led to some of the most dangerous and tragic accidents in Missouri, including:
</span>
</span>
</p>
<p style="line-height: 2;">
– Single-truck accidents against a pole, tree, building or other structure
</p>
<p style="line-height: 2;">
– Trucks have collided with multiple vehicles on crowded highways
</p>
<p style="line-height: 2;">
– Trucks have slid down embankments and rolled over, trapping the driver
</p>
<p style="line-height: 2;">
– Trucks have crashed and then caught fire
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Truck accidents can be avoided when the driver is alert, attentive, well-rested and prepared for the long trip. Rules have been put in place across the country that dictate how far and for how long a truck driver is allowed to be behind the wheel. Drivers are required to rest for 30 minutes within their first eight hours on the road in order to be alert.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
To learn more about truck driver fatigue and your rights as a victim of a truck accident, take a look at our web pages on the topic.
</span>
</p>
</div>Trucker says God was responsible for Missouri accident2017-02-01T07:08:27Z2017-02-01T07:08:27Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A Mountain Grove, Missouri, man was charged with second-degree murder in a fatal trucking accident that killed a West Plains couple. The fatal crash involved two semitrucks and a pickup and occurred at 3:45 p.m. at the intersection of U.S. 60 and Clinton Avenue on Wednesday, Jan. 25, 2017.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In its report, the Missouri State Highway Patrol cites witnesses attesting to having seen a single semitruck being driven by Kansas City man followed closely by a pickup truck at a red light in the westbound lane. Accounts of a tractor-trailer quickly approaching the intersection behind the two vehicles were reported next.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The ensuing accident involved the second 18-wheeler operator approaching the intersection and coming into contact with the rear of the pickup, crushing him between the two tractor-trailers. The 43-year-old female and 47-year-old male were instantly killed as a result of their involvement in the accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Reasons prosecutors decided to charge the trucker thought to be responsible for the
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
fatal crash
</a>
<span style="display: initial;">
<span style="display: initial;">
are many. In questioning him about his efforts to avert the crash, the trucker allegedly stated to authorities that, “God caused him to do that.” He later conceded that his truck failed to respond as he applied the brakes.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
An Illinois trucker who witnessed the accident says he noted the trucker looked agitated speaking on his cellphone as he approached the intersection, something he tried to stop by radioing to him using his CV. He also said he appeared to make no attempt to stop as he approached the intersection in the right lane.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As of the following Thursday, the trucker alleged to have been responsible for causing the fatal crash was booked in jail pending the posting of a $750,000 bond. He faces life in prison with the chance of parole if convicted of two second-degree murder counts.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In the meantime, investigators are still taking witness statements. They are also reviewing all phone and other digital evidence taken from the scene.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you know someone who has fallen victim to a distracted or mentally incompetent driver, a Missouri wrongful death attorney can provide the necessary counsel you need to understand your rights as it relates to filing a claim.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: ky3.com, “
</span>
<a href="http://www.ky3.com/content/news/truck-driver-murder-charges-seymour-crash-411916475.html" target="_blank" style="display: initial;">
“God told me to do it”: Truck driver faces murder charges for crash in Seymour
</a>
<span style="display: initial;">
,” Linda Russell, Jan. 27, 2017
</span>
</p>
</div>What are the most common causes of fatal motor vehicle accidents?2017-01-27T07:09:24Z2017-01-27T07:09:24Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There are thousands of motor vehicle accidents annually in the state of Missouri, with a large portion of them resulting in fatalities. Nationally, some 37,000 people are killed in motor vehicle accidents each year. Due to the sheer volume of cars on the roads, it is likely for a driver to be involved in a couple of accidents during their lifetime. Here are some of the most common causes of fatal motor vehicle accidents.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Weather conditions routinely lead to fatal motor vehicle accidents. Whether it’s slick roads from rain and wet leaves, snow, ice or high winds, the weather has caused quite a few fatal accidents in Missouri. You should always maintain a safe following distance, but this is even more important when traveling during hazardous weather conditions.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Distracted driving is another common cause of fatal accidents. Distracted driving is not just the use of a cell phone or GPS system while driving. It also includes changing the radio, having a screaming child in the car, driving with a dog on your lap, eating while driving, drinking hot coffee or tea, shaving, putting on makeup and more.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Speeding is one of the most common causes of accidents overall, including fatal accidents. Speeding is defined as traveling one MPH over the posted speed limit. Try to monitor your speed as much as possible while behind the wheel. Slow moving vehicles can also cause fatal accidents. Drivers who operate well below the posted speed limit are a danger on the roads.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Reckless driving is yet another cause of fatal motor vehicle accidents in Columbia, Missouri. Reckless driving includes weaving in and out of traffic, tailgating another vehicle, speeding, not coming to complete stops at a stop sign or when making a right on red and more. Reckless driving is not only a danger to the driver, but also the passenger and all others on the road.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Driving while intoxicated (drugs or alcohol) is still a problem on the roads today. DWI and DUI accidents are common causes of fatal accidents for drivers, passengers and others on the road.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Fatal motor vehicles accidents can be avoided, but only by drivers who make conscious efforts to do so.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Driven Autos Magazine, “
</span>
<a href="http://drivenautos.com/2017/01/careful-common-causes-car-accidents/" target="_blank" style="display: initial;">
Be Careful Of The Most Common Causes Of Car Accidents
</a>
<span style="display: initial;">
,” Jan. 04, 2017
</span>
</p>
</div>I-270 southbound accident claims 1 life, injures 2 others2017-01-25T07:11:08Z2017-01-25T07:11:08Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A fatal accident involving a tractor-trailer and three other vehicles claimed one life and seriously injured two others in the early morning hours on Tuesday, Jan. 17, 2017. The accident, which occurred in the southbound lane of I-270 nearest Clayton Road, closed all but one lane of the highway in both directions for nearly nine hours.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A spokesperson for the St. Louis County Missouri State Highway Patrol precinct reports that the accident was spurred by a passenger van attempting to change lanes. In the process of attempting to do so, it was clipped by a tow truck before losing control and striking another car. It was then that a semi-truck collided with the overturned van.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
West County EMS & Fire officials arriving on the scene found themselves having to put on a fire that had started in the truck’s trailer once they arrived on the scene before they could render assistance those injured. The mangled mess of a pileup was primarily centered in the left shoulder of the roadway closest the center barrier.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The decedent in the crash was a passenger in the van who is listed as a 58-year-old Truesdale, Missouri, resident. The driver of both the van and the car involved are reportedly in serious condition. The two occupants of the tractor-trailer nor the tow truck driver are thought to have sustained any injuries as a result.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<a href="/personal-injury/car-accidents" style="display: initial;">
Fatal motor vehicle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
unfortunately happen all to often. There may be both state and federal laws applicable depending on the particular circumstances of a case, complexities he can explain. An experienced Missouri personal injury attorney can advise you of your rights as it relates to filing a claim.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KSDK.com, “
</span>
<a href="http://www.ksdk.com/news/traffic/fatal-accident-semi-fire-on-i-270-causing-delays/386697609" target="_blank" style="display: initial;">
All lanes of SB I-270 reopened after fatal accident, semi fire
</a>
<span style="display: initial;">
,” Jan. 17, 2017
</span>
</p>
</div>How to avoid common Missouri motorcycle accidents2017-01-20T07:13:32Z2017-01-20T07:13:32Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Motorcycle accidents are a common occurrence on the roads of Missouri, but there are ways motorcyclists and other drivers can avoid them.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The most common type of accident is a “fender bender.” This type of accident is very minor in nature for two vehicles, but it can kill a motorcyclist. It can be difficult to see a motorcycle for other drivers, which is why motorcyclists need to take matters into their own hands. When approaching a red light, pull to the side or in front of a stopped vehicle and wave, using it as a buffer zone from other approaching traffic.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
A common motorcycle accident occurs when a motorcyclist is hit with a door opened on a parked car. The best way to
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
avoid this accident
</a>
<span style="display: initial;">
<span style="display: initial;">
is to never ride between an active lane of traffic and parked cars. When alone in a lane that is right next to parked cars, ride closer to the left side of the lane than to the parked cars.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Ever wonder why you don’t see many motorcycles on the roads when it is raining or snowing? The main reason is the conditions are just not safe for riding, but why get wet just to ride the motorcycle? If you must absolutely ride your motorcycle in inclement weather, be sure to avoid manhole covers and oil slicks. Manhole covers become incredibly slippery when it rains or snows. Oil slicks can be seen by a rainbow that appears on the road.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When riding in a group, make sure your riding buddies are experienced and know the etiquette of the road. You don’t want to hit the road with people who are not concerned with safety. Always ride in a staggered pattern and if your friends aren’t responsible, simply ride alone to avoid any issues.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Always wear the proper safety gear when using your motorcycle, including a helmet and bright colored clothing so you are easily seen.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you suffer injuries in a motorcycle accident that is not your fault, an experienced personal injury attorney can guide you through seeking compensation in Missouri.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Ride Apart, “
</span>
<a href="https://rideapart.com/articles/10-common-motorcycle-accidents-and-how-to-avoid-them" target="_blank" style="display: initial;">
10 Common Motorcycle Accidents and How to Avoid Them
</a>
<span style="display: initial;">
,” Wes Siler, accessed Jan. 20, 2017
</span>
</p>
</div>What is being done to curb high pedestrian deaths across Missouri2017-01-18T07:15:22Z2017-01-18T07:15:22Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In Missouri, like in many other parts of the country, pedestrian deaths are on the rise. According to the Missouri Department of Transportation, nearly 10 percent of auto-related deaths involved a pedestrian last year.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
In 2016, 933 people were killed in
</span>
</span>
<a href="/personal-injury/pedestrian-accidents" style="display: initial;">
traffic accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
in Missouri. Out of that total were 83 pedestrians, six in Greene County alone. The numbers are so alarming that Missouri has begun installing crosswalks in the middle of blocks, as opposed to just the end of streets.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While some of the pedestrian accidents can be attributed to crossing streets mid-block, many pedestrians have been struck at the crosswalks at the end of streets as well. The reason is that many pedestrians assume they are safe to cross the street at the crosswalk and do not have to be on the lookout for oncoming traffic.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
However, many pedestrians, even at the crosswalk, cross against the light, or do not press the crosswalk button. Often times, drivers are not used to seeing pedestrians crossing at certain streets, and do not notice them in the crosswalk until it is too late.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Thus, pedestrians, have a duty to be more observant. They also need to try to ensure they have made eye contact with the driver, and/or the driver has demonstrated that they see them, by slowing down or stopping, before entering the crosswalk.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Drivers need to also be cognizant that not all the people they encounter when they are behind the wheel will be fellow drivers. Many of them will be pedestrians. Individuals like them, that have the right to use the road to cross, without fear that the next time they enter the street, they will be struck and killed or seriously injured.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you or someone you know has been the victim of a pedestrian-related auto accident, the advice of an experienced personal injury attorney may be very invaluable to you. His or her counsel could be the difference in you getting a fair settlement or none at all.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: OzarksFirst.com, “
</span>
<a href="http://www.ozarksfirst.com/news/increase-in-pedestrian-deaths-worry-law-enforcement/638755581" target="_blank" style="display: initial;">
Increase in pedestrian deaths worry law enforcement
</a>
<span style="display: initial;">
,” Brennon Gurley, Jan. 10, 2017
</span>
</p>
</div>How to prevent Missouri distracted driver car accidents2017-01-13T07:17:08Z2017-01-13T07:17:08Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Most car accidents can be avoided if the parties involved concentrated on the road in front of them and their surroundings. But, distracted driving is an all-too-common occurrence on the roads of Missouri these days. Here are some tips for preventing Missouri distracted driver car accidents.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
One of the most important tips is to put the cellphone away when driving. Do not even have it in your sight when behind the wheel. If you do, it makes it more tempting to look at text messages and emails and to answer calls.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Avoid eating, drinking, shaving, applying makeup and doing any other activity that could distract you while behind the wheel. Distracted driving is not limited to the use of a cellphone. Drivers can become distracted while doing plenty of other activities when driving.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Do your best to keep children from screaming while driving. This can be easier said than done, but screaming children can cause a driver to lose focus while behind the wheel. Even having a calm discussion with a passenger while driving can lead to distracted driving accidents.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Changing the radio stations often can lead to a distracted driving accident. The more you do while driving, the more likely it is that you will be involved in an accident. People who check their phones are three times more likely to have an accident compared to those who do not check their phones.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Distracted driving is a problem not just in Missouri, but across the country. Think about this: The average person needs five seconds to text. While driving at a speed of 55 mph, your eyes would be off the road for the length of a football field.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Some 80 percent of accidents involve
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
distracted driving
</a>
<span style="display: initial;">
<span style="display: initial;">
in Missouri. Missourians under the age of 25 account for more than 30 percent of traffic deaths. This is the largest age group of traffic deaths in the state.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
To learn more about distracted driver car accidents in Missouri, visit our web pages on the topic.
</span>
</p>
</div>Family alleges baby's brain trauma resulted from truck accident2017-01-11T07:23:34Z2017-01-11T07:23:34Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The sister of the pregnant victim of a fatal trucking accident that occurred back in May 2016 filed an amended petition in her lawsuit against the decedent’s male companion, semi truck driver and his employer. She is seeking more than $25,000 in damages.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In the latest Cape Girardeau, Missouri, court filing from Oct. 18, 2016, it alleges that the decedent’s prematurely born baby girl suffered brain trauma as a consequence of having been involved in utero in the accident. The infant was delivered via cesarean section after her mother died as a result of injuries suffered in a three-car accident involving her vehicle, being operated by her male companion, a semi truck and another vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In the accident in question, the driver of the vehicle carrying the deceased pregnant woman had slowed to a speed reported to be below the interstate minimum when a semi-trailer crashed into them. A law enforcement investigation found that the trucker had not only been driving too fast for conditions, but had become distracted as well. No traffic citations were issued in the incident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Upon her birth, the infant was transported to St. Louis Children’s Hospital. In the seven months since being born, the amended lawsuit maintains it has become evident to medical staff that the girl suffers from hypoxic brain trauma, a condition generally resulting from a lack of oxygen to the brain.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Further, the claim establishes that the child will necessitate dedicated medical care for the rest of her life. The filing attributes the unborn child’s condition to her involvement in the trucking accident that killed her mother.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Unfortunately, accidents of this kind are not uncommon. In the age of technology, people seem to inevitably be distracted by something — whether it is texting and driving, an animated phone call or watching TV on a dashboard screen. Victims of these drivers’ carelessness should not be on the hook for driver negligence.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
If you or someone you know has been the victim of fatal truck accidents and has suffered significant mental and/or physical injuries, am experienced Missouri
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
personal injury
</a>
<span style="display: initial;">
<span style="display: initial;">
attorney will help you learn more about your rights to demand compensation for medical expenses as well as the pain and suffering you endured.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: St. Louis Post-Dispatch, “Documents: Missouri baby suffers brain trauma after crash,” Jan. 09, 2017
</span>
</p>
</div>Truck AccidentsImportant pedestrian safety tips for drivers2017-01-06T07:25:28Z2017-01-06T07:25:28Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Pedestrian accidents are some of the most common in Missouri, but can be avoided by all parties involved. Pedestrian safety is always a concern, and drivers can play a major role in reducing the number of pedestrian-motor vehicle accidents that occur on the roads of Missouri.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One of the most important safety tips for drivers is to responsibly be on the lookout for pedestrians when driving. Drivers cannot ignore the fact that pedestrians have to also follow the traffic lights because some do not. Drivers who willingly make themselves aware of pedestrians will be able to avoid accidents.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Never pass a stopped school bus. Not only is it against the law, but it is also a major safety issue. You don’t know where the children will be crossing, or if they are crossing at all. You also cannot anticipate that a child will look both ways before crossing after exiting a school bus.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Use caution when operating your vehicle in reverse, especially when doing so in a parking lot. Even if your vehicle comes equipped with a backup camera, do not rely solely on the camera to check for pedestrians. You need to use your mirrors and actually turn your head around to look out the back of your car.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Don’t just assume that a pedestrian will see your vehicle coming down the street. He or she could be distracted by vehicles coming from the other direction, from children or could be on the phone. Always try to make eye contact with a pedestrian and be clear you are either turning or giving them the right of way.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Even if a pedestrian crosses against a light or just darts out into the street, you should still give them the right of way to avoid a nasty accident. Just because they have broken the law it doesn’t mean you can just barrel towards them in your car.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<a href="/personal-injury/pedestrian-accidents" style="display: initial;">
Visit our page
</a>
<span style="display: initial;">
<span style="display: initial;">
today to learn more about pedestrian accidents and your rights as a driver.
</span>
</span>
</p>
</div>Pedestrian AccidentsFatal motor vehicle accidents rose in Missouri in 20162017-01-04T07:27:09Z2017-01-04T07:27:09Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Missouri State Highway Patrol reports that there was an increase in fatalities resulting from car crashes in 2016 as compared to the previous year. A failure to wear seat belts continues to be one of the main contributing factors for these deaths.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One of the areas in the state with the highest incidence rate of traffic-related deaths is known to Missouri Highway Patrol Officers as Troop H. It encompasses more than 15 counties along the northwestern portion of the state and documented 39 fatalities just this year. This number is 5 percent higher than the 36 deaths recorded in 2015 and even more significant than the 28 fatalities reported in both 2013 and 2014.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The final reported vehicular death in the state was documented as having taken the life of a 60-year-old male on Dec. 29, 2016 along U.S. Highway 169 near Union Star, Missouri. Although an investigation was able to help officers determine the man was wearing a seat belt, he nonetheless lost his life upon being struck by two other vehicles who collided with him that day.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
In terms of statewide statistics, in 2016, there were a reported 931
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
deaths from vehicular accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
across the state. This accounts for 61 more deaths than the same data compiled from 2015. Federal Highway Administration officials report that Missouri is at an all-time high when it comes to seat belt use at 81.4 percent. However, it’s still less than the national seat belt use of 88.5 percent.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Additionally, FHA officials point out that pickup truck occupants have the lowest propensity to use seat belts. Missouri state statistics for their use was just 69.7 last year compared to 82 percent from 2012 and 2014. The largest amount of fatalities in these cases is caused by ejections.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you or someone you know has been either seriously injured or killed as a result of a car crash in Missouri, you may have a right to seek compensation. An attorney can help you learn of your rights as they relate to receiving compensation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: News Press Now, “
</span>
<a href="http://www.newspressnow.com/news/local_news/saw-slight-increase-in-traffic-accident-fatalities/article_85a87ca3-6c80-50b2-9993-f661d26701aa.html" target="_blank" style="display: initial;">
2016 saw slight increase in traffic accident fatalities
</a>
<span style="display: initial;">
,” Jan. 02, 2017
</span>
</p>
</div>Fatal Motor Vehicle AccidentsHow to safely operate large trucks2016-12-30T07:29:04Z2016-12-30T07:29:04Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Operating a large truck comes with a lot of responsibility and it’s not for everyone. For those who wish to drive a large truck, one of the first requirements is to obtain a commercial driver’s license. You cannot operate commercial trucks without a CDL.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Once a CDL is obtained and the driver begins operating the truck, he or she must be mindful of the space cushion around the truck. This is the amount of space around the truck so it does not collide with stationary or moving objects near it.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This is not an easy task as drivers must be concerned with all sides of the truck, the surface (ground-level) of the truck and the height (above) the truck. When operators are mindful of these areas, they will know whether or not their truck can safely fit through tunnels, overpasses and other low clearance areas. They will also know when they are on uneven ground, sloped roads, roads with weight restrictions and more.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Large truck operators also need to plan out their trip ahead of time in order to have a safe trip. This includes knowing the route, possible detours, road hazards, road conditions, weather forecasts and more. The driver needs to take into account construction zones, congestion and mountainous terrain.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Speed is a major factor in safely operating a large truck. Large trucks are much different than pickup trucks and other vehicles. They have a tendency to tip when making tight turns at high rates of speed. Ramp speed limits are designed for small vehicles, not large trucks. This means that large trucks need to reduce their speed even more in order to keep all the wheels on the pavement and avoid a rollover accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When the operator of a large truck needs to put the truck in reverse, he or she should use a spotter if possible. This is usually possible when backing into a loading dock or depot. In all other instances, the operator should try to pull through and park instead of backing up without a spotter.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
An experienced
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
truck accidents attorney
</a>
<span style="display: initial;">
<span style="display: initial;">
in Columbia, Missouri, can help you sift through the legal recourse that comes with a truck accident.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Truck Drivers Money Saving Tips, “
</span>
<a href="http://www.truck-drivers-money-saving-tips.com/safe-driving.html" target="_blank" style="display: initial;">
Safe Driving Tips for Drivers of Large Trucks
</a>
<span style="display: initial;">
,” accessed Dec. 30, 2016
</span>
</p>
</div>Truck AccidentsMissour issues guidelines for preventing pedestrian deaths2016-12-28T07:31:26Z2016-12-28T07:31:26Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In 2016 alone, the Missouri Department of Transportation received reports of more than 83 pedestrian deaths resulting from being struck by cars from all across the state. That number accounts for nearly 10 percent of the entire body of fatal car crashes statewide.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
In light of the increase in the number of
</span>
</span>
<a href="/personal-injury/pedestrian-accidents" style="display: initial;">
pedestrian accidents
</a>
<span style="display: initial;">
, MODot released a number of guidelines they recommend pedestrians follow in an effort to reduce the incidence of being struck by a car. Of the most important recommendations, they highlight that the pedestrian should avoid being distracted.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Texting is an activity that not only engages people mentally, but perhaps more importantly, takes their eyes off the sidewalk in front of them, giving them a much higher chance of inadvertently walking into the roadway and being struck. Likewise, someone wearing headphones, aside from being distracted on cerebral level, will not able to hear sounds around him or her, like the comings and goings of cars, when worn.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Another common mistake pedestrians involved in accidents make is not using designated crosswalks or obeying traffic signals. Last, in situations in which one’s car breaks down, it’s important that one stay in their vehicle until help arrives if at all possible. if you feel it is unsafe to do so, you should make sure to have some type of light colored or reflective clothing in your vehicle to allow you to stand out to avoid being hit as well.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When it comes to motorists, some ways in which they can avoid the potential for being involved in accidentally striking a pedestrian is to proceed slowly when approaching areas with crosswalks or high pedestrian traffic. They also should vehicles that are disabled on the side of the road with extreme caution, always looking out for someone that might be standing around the vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
With an increase in the number of pedestrian deaths in Missouri, following the simple steps listed above will hopefully help to reduce those numbers in the new year. If you have been severely injured as a result of a pedestrian accident or a loved one has lost his or her life, your attorney can discuss your legal options. In doing so, he or she will advise you on how to file a claim for your loss or injuries.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Four States, “
</span>
<a href="http://www.fourstateshomepage.com/news/pedestrian-deaths-on-the-rise-in-missouri/618159089" target="_blank" style="display: initial;">
Pedestrian deaths on the rise in Missouri
</a>
<span style="display: initial;">
,” Jeremiah Cook, Dec. 11, 2016
</span>
</p>
</div>Pedestrian AccidentsHow to avoid motorcycle accidents as a new rider2016-12-23T07:53:51Z2016-12-23T07:53:51Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Whether you are someone who wants to become a motorcycle enthusiast, or someone who is fighting through a midlife crisis, you need to learn how to avoid motorcycle accidents as a new rider.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As a motorcycle rider you can do plenty to stay safe on the roads of Missouri, but cannot prevent all accidents, as others will always pose a threat. Here are some tips to help you lower your risk of an accident as a new rider:
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
— Make sure you test drive different motorcycles before you make a purchase. You don’t want to buy a bike that is more than you can handle. Bikes are more powerful now than they were 10 to 20 years ago, so be sure you buy a bike that you can control when on the road.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
— It will be in your best interest to improve your
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle riding skills
</a>
<span style="display: initial;">
<span style="display: initial;">
after purchasing a bike. You can do so by taking a Motorcycle Safety Foundation riding course in Missouri. This course can teach you the basic and advanced techniques for performing evasive emergency techniques with your motorcycle.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
— There’s a reason why you don’t see many motorcycles on the roads of Missouri when it rains or snows or when high winds are present. Riders simply don’t trust the conditions enough to ride safely. This is how you can avoid an accident 100 percent on your own.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
— Make sure you also purchase protective gear to wear when you ride the motorcycle. This includes a helmet and any protective clothing you can find. Protective clothing should prevent wind chill, bug splatter and debris. It should also prevent road rash should you have an accident. If your helmet doesn’t come with a shield, consider buying protective goggles too.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
— You need to be aware of road hazards when riding a motorcycle in Missouri. These include wet leaves, stones, potholes and other debris. Be on the lookout for these hazards as a motorcycle has less contact with the pavement than a car.
</span>
</p>
<p>
<span style="display: initial;">
Motorcycle accidents can be avoided, but if you suffer injury due an accident caused by another driver, an experienced motorcycle accident attorney in Columbia, Missouri, can inform you of your legal rights.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Consumer Reports, “
</span>
<a href="http://www.consumerreports.org/cro/2013/04/10-motorcycle-safety-tips-for-new-riders/index.htm" target="_blank" style="display: initial;">
10 Motorcycle safety tips for new riders
</a>
<span style="display: initial;">
,” Consumer Reports, accessed Dec. 23, 2016
</span>
</p>
</div>Ice to blame for critically injuring teen and killing parents2016-12-21T07:55:37Z2016-12-21T07:55:37Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
With the winter weather advisory that has overcome a large portion of the Midwest during the last few weeks of late fall 2016; a whole host of car crashes have resulted from negligent drivers driving recklessly despite the hazardous roadways. To that end, on Friday, Dec. 16, 2016, at least 300 car accidents were attributed the Columbia, Missouri, area’s icy roadways alone.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Of those crashes, many caused traffic jams along I-70, Highways 54, 63 and 94, and other main thoroughfares in the city. One such victim of the prior week’s icy road situation was a 19-year-old Missouri teen who awakened from a drug-induced coma just last weekend to learn that his parents had perished en route to visit him in the hospital.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Pittsburg, Missouri, teen had been involved in a head-on accident on U.S. 54 in Camden County on Friday, Dec. 16, 2016. Upon emergency service’s arrival on the scene, the critically injured young male was taken to University Hospital in Columbia to be treated.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
That same day, as the young man’s parents were en route to visit their son in the hospital, they too were involved in a head-on collision right off of Missouri 5, just north of Lebanon. That fatal accident not only claimed the young man’s parent’s lives, but those of an Eldrige, Missouri, man and his wife as well.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As of Dec. 19, 2016, a co-worker of the victim had set up a crowdfunding site to help defray some of the costs associated with the man’s hospitalization and his parent’s funeral costs. She also took time to provide an update on the man’s condition. His condition had been upgraded to fair and he had been moved out of intensive care and was preparing for physical therapy.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
If you or a family member have suffered serious injuries or death resulting from
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
during these recent winter-like weather conditions, you should discuss your case with an personal injury attorney. In doing so, he or she will be able to best assess the merits of your case as it relates to filing a claim for compensation for pain and suffering, loss of companionship or for any number of other reasons.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KansasCity.com, “
</span>
<a href="http://www.kansascity.com/news/local/article122191494.html" target="_blank" style="display: initial;">
After Missouri teen is hurt in crash, his parents are killed on the way to see him
</a>
<span style="display: initial;">
,” Katie Bergen, Dec. 21, 2016
</span>
</p>
</div>Car Accidents3 fatal accidents in 2016 on 1 stretch of Missouri highway2016-12-16T07:57:17Z2016-12-16T07:57:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
One stretch of Missouri highway has endured three fatal motor vehicle accidents in 2016. Since August, four people have died in three accidents on Highway 124, according to Missouri Highway Patrol crash reports.
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The stretch of road begins right before Schooler Road and ends close to County Road Jay Jay.
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The first of three fatal accidents occurred in August when a 48-year-old man drove over the center line, crashing his 1998 Chevy pickup into a dump truck. The head-on collision occurred just before Schooler Road.
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Two victims were killed in a November accident that occurred south of Shelley Lane. The female victims were 62 and 71. Their cars were the only two involved in the collision.
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The most recent accident occurred on Saturday, Dec. 10 at night when a 55-year-old man was killed between Jay Jay and Shelley Lane.
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Roughly four miles separate Schooler Road from County Road Jay Jay.
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Another woman was seriously injured in almost the same spot as the accident Saturday night when her vehicle collided with a pickup truck back in September.
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These three
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fatal accidents
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have all occurred within a four-mile stretch of each other, but there have been more than 12 accidents between Route B and Highway 124.
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Fire officials have discussed the safety of the roadway in the past, saying that speeds typically play a major role in the crashes, which are pretty severe when they occur.
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The Missouri Department of Transportation said back in August that it conducted a speed study of this specific area of the highway, but concluded that the speed was appropriate.
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This speed study obviously occurred prior to the most recent fatality and after the second one in November that killed two drivers.
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Fatal motor vehicle accidents bring a lot of pain and suffering to the surviving members of the crash and the families of the victims. If you or a loved one has been involved in a fatal motor vehicle accident, it is in your best interest to discuss your legal rights with an experienced Columbia, Missouri, attorney.
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Source
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: abc17news.com, “Three fatal Highway 124 crashes in 2016 happened just a few miles apart,” Sara Maslar-Donar, Dec. 11, 2016
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</div>Fatal Motor Vehicle Accidents6-year-old girl struck by semi in front of Macon school2016-12-14T07:59:15Z2016-12-14T07:59:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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A 6-year-old girl was struck by a semi Monday evening at 5:19 p.m. local time right in front of Macon Middle School on US 63, at the intersection of Missouri and Elm Streets, authorities say. The
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happened as the school’s Santa’s Workshop program was concluding on the school’s campus. The victim’s older sister had just successfully crossed the street in advance of her younger sister when the accident occurred. Two other sisters were standing nearby and watched as the victim attempted to make it from one side of the street to the other.
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Although the crosswalk signal was illuminated allowing the young girl right of passage, the trucker did not heed such warning and make any attempt to stop. The young girl’s body was projected into the area of an adjoining car wash on impact. The victim and her sister were headed to their great uncle’s house behind the car wash at the time of the incident. Upon seeing the incident occur, the sisters who witnessed the crash got out of their car, called authorities and ran to assist the girl until emergency medical responders arrived.
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A nearby woman tried to keep the young victim as calm and comfortable as possible while awaiting help. As of Monday night, Dec. 12, authorities were on the lookout for the suspected semi involved in the collision and it is not yet known whether they have communicated with this person of interest. If found, the driver is facing potential hit-and-run charges.
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As of Tuesday, Dec. 13, a family spokesperson reported to KOMU.com that the young victim, who had been lifeflighted from the scene of the accident, had sustained serious injuries and is in stable, but critical condition with a reported bleed in the brain, bruised lung, and many lacerations. Family members and police are hoping any witnesses will come forward to help with their investigation of the case.
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Although the chief of police in charge of this investigation says no incidents have previously occurred of this type during his 15 years administering his department, pedestrian accidents are not all that uncommon. Negligent drivers can be held not only criminally, but also civilly responsible for their indiscretions. If you’ve been involved in a pedestrian accident or know someone who has, contact a Missouri personal injury attorney to discuss the specifics of your case.
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Source
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: KOMU.com, “
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Update: Person of interest identified in semi hit-and-run
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,” Amanda Henderson, Dec. 12, 2016
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</div>Pedestrian AccidentsTwo killed in separate Columbia motor vehicle accidents2016-12-09T08:00:43Z2016-12-09T08:00:43Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Two men were killed in separate Columbia fatal motor vehicle accidents early in the month of December.
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The first accident occurred on Dec.1 on Interstate 70. The victim’s Ford Explorer hit a semi-truck on the highway. The driver, a 46-year-old man, was pronounced dead at the scene.
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The Missouri State Highway Patrol said the accident occurred at the 122-mile marker on the westbound side of the roadway.
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The Explorer driver was reportedly trying to pass the semi-truck when his vehicle clipped the front, sending his vehicle off the left side of the highway. It hit a guardrail, overturned, hit a median cable barrier and landed on the eastbound side of the road on its top.
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According to law enforcement, the victim was wearing a seatbelt at the time of the crash. Accident investigators said that he was trying to pass the semi-truck, which was in the passing lane. The truck was driven by a 55-year-old man from Jacksonville, Florida.
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The Major Crash Investigation Unit is still determining what factors led to the crash. These include possible intoxicated driving
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In the second
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fatal accident
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in a matter of hours, a 26-year-old man was killed early on the morning of Dec. 2. He was driving his 1997 Chevrolet Suburban on Rollins Road near Westridge Drive.
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The victim was headed westbound when his vehicle left the roadway, crossed a sidewalk and both lanes of traffic and then hit a tree on a resident’s lawn before coming to a stop on its side.
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The man was not wearing a sea tbelt at the time of the accident, according to police, and was ejected from the Suburban. He was pronounced dead at the scene. Investigators are also looking into possible intoxicated driving in this accident.
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Experienced attorneys can help victims and surviving family members understand their legal rights following a motor vehicle accident.
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Source
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: Columbia Daily Tribune, “
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Crashes on I-70, Rollins Road kill two
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,” The Tribune’s Staff, Dec. 03, 2016
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</div>Fatal Motor Vehicle AccidentsMotorcycle accident victims can seek personal injury compensation2016-12-07T08:02:35Z2016-12-07T08:02:35Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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If you or a loved one has been involved in a motorcycle accident caused by a negligent motor vehicle operator, you probably have many questions.
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A motorcycle accident can leave you with serious injuries. Last year,
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88,000 motorcycling enthusiasts suffered injuries
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while riding. Many of those involved in motorcycle collisions suffer severe injuries due to driver’s negligence.
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The
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feet and legs
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were the most vulnerable to non-fatal injuries, but the neck, head, back, shoulders, chest, hands, arms, pelvis and hips are all susceptible to disabling injuries from motorcycle crashes.
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When a collision occurs, it is best for injured motorcyclists to seek professional guidance from attorneys whose practices include cases involving motorcycle injuries.
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Our
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experienced motorcycle accident lawyers
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can answer your questions about a personal injury claim. We will fight to claim fair compensation for your personal injuries suffered in a motorcycle accident. We can help you recover money for your medical expenses, lost wages and payment for your permanent injuries.
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Motorcyclists can’t compete against the size and weight disparity of the heavier cars and trucks in a collision. When accidents occur, the drivers are at a disadvantage against larger and heavier vehicles due to their smaller size and limited protection to absorb an impact.
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Many motorcycle accidents could be avoided if motorists paid more attention to them on the road instead of getting distracted by activities like texting, talking on cellphones or with passengers, applying make-up or interacting with GPS systems or other electronic devices.
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It’s important to file any claims or lawsuits promptly to avoid proscription, which would mean that you would then be unable to recover any financial compensation for your injuries or damages from the at-fault driver’s insurance company.
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Our website can provide more information about compensation for injured motorcyclists.
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</div>How can you stay safe when walking during the holidays?2016-11-30T08:05:12Z2016-11-30T08:05:12Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Now that Christmas and the winter holidays are near, staying safe when you’re walking to your vehicle in a parking lot or walking to a nearby home is more important than ever. An accident resulting in an injury or death is devastating any time of year, but particularly so when the holidays draw near.
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How many people are hurt in traffic-related pedestrian injuries every day?
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On a typical day, around 430 people suffer from traffic-related pedestrian accidents. Nearly every two hours another pedestrian dies from the injuries suffered in these kinds of accidents. In 2013 alone, 4,735 people were
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killed in pedestrian accidents
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.
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Which pedestrians are most likely to be injured in a collision with a vehicle?
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Those most at risk of being involved in these accidents are male pedestrians, young adults, teens and the elderly. Around 34 percent of the pedestrians who were killed in 2013 had a blood alcohol concentration of .08 percent or higher, making it very important to walk only when you’re sober.
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What can you do to stay safer this holiday season?
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Keeping yourself safe is as important as educating drivers on their own safety steps. Remember to use a crosswalk if you intend to cross the street, and if you’re walking at dawn, dusk or night, carry a flashlight or wear reflective, light-colored clothing. Stay on sidewalks if they’re present and remain aware of your surroundings.
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For those who are injured in a collision with a motorist, it’s important to get the identities of witnesses, along with their contact information. Get the name, address, phone number and other information about the driver if you can, too, since your attorney will need this information.
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Source: Centers for Disease Control and Prevention, “
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Walk This Way! Taking Steps for Pedestrian Safety
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,” accessed Nov. 30, 2016
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</div>Pedestrian AccidentsUse these tips to avoid a car crash this winter2016-11-23T08:07:50Z2016-11-23T08:07:50Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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There are a variety of ways you can stay out of car accidents, but the truth is that dangerous drivers are out there and they do cause accidents that could involve you. Despite this, taking a few steps to protect yourself can make you less likely to be involved in a crash, and even if you are, the safety steps you take now could help reduce the risk of injuries.
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One way to avoid getting into a crash is to be aware of the time when you’re driving. Around 2:00 a.m., is when bars close in many areas, so it would be more likely for dangerous or drunk drivers to be on the road. Even if you aren’t intoxicated, having any alcohol in your system can affect you, so avoid driving when you’ve been drinking.
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Another thing you can do to avoid putting yourself at risk is to slow down. Speeding is a leading cause for motor vehicle accidents, so avoid it at all costs. If you see other drivers speeding past you or coming up too close to your rear, let them get around you. It’s not worth the stress of wondering what that reckless driver will do if you have to suddenly use your brakes or slow down.
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Finally, choose your vehicle wisely. Opting for one with many
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safety features
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won’t likely keep you out of crashes, but it can help you avoid injury if you are involved in one. In some cases, vehicles with new technology can let you know if someone is in a blind spot or if another vehicle is getting close to you, allowing you to adjust to avoid a collision. If you are hit, you will have more information on what happened in your vehicle’s computer in some cases, which could be good information for your attorney.
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Source
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: Consumer Reports, “
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6 ways to avoid a car accident
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<span style="display: initial;">
,” accessed Nov. 23, 2016
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</div>Fatal Motor Vehicle AccidentsWho are some of the most dangerous drivers in Missouri?2016-11-16T08:15:33Z2016-11-16T08:15:33Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Dangerous drivers exist at any age, but teens are particularly likely to cause and be involved in accidents. These individuals don’t have as much driving experience, which can lead to collisions.
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One of the most common issues for teen drivers is the risk of distracted driving. Having extra passengers in the vehicle, having smartphones or digital technology or even trying to study while driving can lead to distractions. These distractions can take a teen’s eyes off the road and lead to a collision.
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In Missouri, drivers who are 21 years old or younger are not allowed to
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text and drive
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. If a teen driver is caught drinking and driving, a conviction stays on his or her record for 75 years. If a teen becomes involved in an accident due to distracted driving, then that teen will need to go to court and lose any insurance discounts.
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There were around 421,000 people injured in crashes with a distracted driver in 2012. Those who are injured have a right to seek out compensation from the driver, who may be a teen in some cases.
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Getting into a car accident changes many things for you. You might suffer injuries that force you to take time off work or make it impossible to return at all. You could lose a family member in the accident, or you could find that you have been left without a vehicle. When the accident is a result of a dangerous driver, it’s important that you know your legal right to compensation. You shouldn’t have to cover your injuries when they’re the result of another person’s poor choices.
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Source
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: Missouri Department of Insurance, “
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MO Eyes on the Road
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,” accessed Nov. 16, 2016
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</div>Car AccidentsNot wearing a helmet could cause concerns in a case2016-11-09T08:17:47Z2016-11-09T08:17:47Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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If you’ve been involved in a motorcycle accident that was caused by a dangerous driver, you may already know that you are entitled to compensation. You may be worried that you will not receive as much compensation as you would like because you did not wear a helmet, and that’s a realistic concern.
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It’s true that the driver can draw an issue with the fact that you were negligent in not wearing a helmet, since the state requires you to. The other driver may argue that you should be held partially responsible for the accident and the injuries you suffered. He or she may argue that your injuries wouldn’t have been as bad if you had been wearing a helmet.
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In states where wearing a helmet is required, not wearing one is sometimes viewed the same way as speeding or participating in
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reckless driving activities
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. In that case, it could affect your claim, as it could be seen as a proximate cause of your injuries. It might even bar you from recovering compensation for your injuries and losses.
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There are situations where you could argue that wearing a helmet wouldn’t have helped at all. For example, if you broke your legs and had no head injuries, then the fact that you did not wear a helmet has zero impact on the
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injuries
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you suffered from the accident. These are some things to think about before you reach out to talk to your attorney, so you can have questions ready. Our website has more information about motorcycle accidents and what to expect in court.
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</p>
</div>Who is at risk for being in a pedestrian accident in Missouri?2016-11-01T08:19:20Z2016-11-01T08:19:20Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
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Imagine walking down the street, obeying all the rules of the road only to have a distracted driver collide with you in a crosswalk. This unfortunate situation is far too common, even in places like Columbia. Fortunately, those who are struck have the ability to file a claim to seek out compensation to pay for medical bills or lost wages, but that doesn’t stop the core problem or reduce risk.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
To understand how many people are at risk of injuries and the ages that are most likely to be impacted, it’s important to look at pedestrian accidents between the years of 2012 and 2014, the latest years reported. The facts show that the most common age to be killed in a pedestrian accident is age 66 or older, not as a child as you might expect. By comparison, those between the ages of 41 and 45 and those between the ages of 56 and 60 are half as likely to be involved in a fatal accident as a pedestrian.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Those between the ages of 15 and 20 make up 23 of the
</span>
</span>
<a href="/personal-injury/pedestrian-accidents" style="display: initial;">
fatalities
</a>
<span style="display: initial;">
<span style="display: initial;">
for the data set. That’s 10 percent of the total fatalities for the state. Those aged 66 or older make up 15.65 percent of all pedestrian fatalities in the state of Missouri.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Children are at risk of being injured, although they seem to be injured less often than those older than the age of 14. For example, there were no pedestrian accidents involving a 7-year-old in the three years recorded. One-year-olds were involved in accidents only twice in those three years. Additionally, those under the age of 1 were involved in only one accident.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Regardless of the age of the person involved, it is possible to make a claim. Drivers should be more careful, and making a claim is one way to drive that point home.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Missouri Department of Transportation, “Total Fatalities by Age and Target Area,” accessed Nov. 01, 2016
</span>
</p>
</div>Pedestrian AccidentsPickup truck driver's alleged negligence sends 2 to hospital2016-10-24T08:21:15Z2016-10-24T08:21:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Crashes on Missouri roads are not at all uncommon. Car accidents are daily occurrences, and they can change the lives of injured victims in an instant. Unfortunately, in many cases, one driver’s negligence may cause a collision that causes life-altering injuries to others. Victims are entitled to seek recovery of damages.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On a recent Thursday morning, Missouri State Highway Patrol responded to an alert about an accident at an intersection of U.S. Highway 36 and a road in Lentner. An accident report indicates that a 52-year-old Hurdland man was southbound in his pickup truck on Route A. Authorities say the man reached the intersection with U.S. 36, and without yielding, he proceeded to cross the highway.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A 42-year-old driver of another pickup truck was traveling on U.S. 36, and he was going through the intersection at that time. The driver of the first truck smashed into the side of the other vehicle, causing it to roll over. It came to a halt on the center median. This driver was moderately injured, and an ambulance transported him to a hospital in Columbia. His 81-year-old passenger suffered more severe injuries, and a medical helicopter rushed him to the same hospital.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Victims of
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
will likely be faced with unexpected expenses and other hardships during the difficult time that follows an accident, and having experienced personal injury attorneys on their sides may be a significant advantage. Lawyers can provide guidance and support throughout the process of filing claims against allegedly negligent drivers in Missouri civil court. An attorney can also help to establish negligence and pursue financial relief for financial and emotional damages on behalf of an injured victim.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: whig.com, “
</span>
<a href="http://www.whig.com/20161013/two-hospitalized-thursday-after-shelby-county-crash" target="_blank" style="display: initial;">
Two hospitalized Thursday after Shelby County crash
</a>
<span style="display: initial;">
“, Oct. 13, 2016
</span>
</p>
</div>Car AccidentsCar accidents: Teenager allegedly causes fatal rear end crash2016-10-18T08:23:24Z2016-10-18T08:23:24Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Whenever a driver has to slow down or stop behind another car that is in the process of making a left turn, he or she may be concerned about the alertness of approaching drivers. Too many Missouri lives are lost in
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
that are caused by drivers who fail to pay attention to what is going on ahead. One such a crash occurred in Laclede County on a recent Monday afternoon.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
An accident report prepared by the Missouri State Highway Patrol indicates that the fatal crash happened shortly before 4:30 p.m. on North Missouri 5. Reportedly, a 34-year-old man from Eldridge was traveling along the highway when he had to stop behind a pickup truck that was making a left turn. While his car was stationary, a 16-year-old driver in an SUV smashed into the rear of it.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The impact of this collision caused the man’s car to collide with the pickup truck that was preparing to turn. The Eldridge man was killed in the crash, and the operators of the SUV and the pickup truck suffered minor injuries. Both were taken to a regional hospital for medical treatment.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
For families to cope with such tragedies in car accidents that could clearly have been avoided is understandably devastating, and costly end-of-life arrangements must be made. Financial relief may be available, and it can be pursued by filing a wrongful death claim in a Missouri civil court. Negligence by another party will have to be established. In a case in which one driver is deemed responsible for a fatal crash, any registered owner of the vehicle can also be named as a defendant.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: lebanondailyrecord.com, “Eldridge man killed in a Missouri 5 wreck Monday afternoon”, Oct. 17, 2016
</span>
</p>
</div>Car AccidentsCar accidents: Passenger dies when car crashes into ditch2016-10-12T08:25:09Z2016-10-12T08:25:09Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Occupants of vehicles that crash while traveling at high rates of speed are more likely to suffer severe injuries than those who travel at the posted speed limits. Unfortunately, many drivers fail to recognize their responsibility for the safety of the passengers in their vehicles. Too many fatal car accidents are reported in Missouri in which passengers lose their lives while apparent negligent drivers survive.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One such an accident was reported by the Cape Girardeau police earlier this month. Reportedly, a car was speeding along a local highway when the driver failed to maintain control of it. He left the roadway and crashed into a ditch. Two passengers were also in the vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Police reported that the skid marks from where the driver applied the brakes to the spot at which the car came to a halt in the ditch covered a distance of more than 70 feet. This is an indication of the speed at which the car was traveling. Reportedly, two of the occupants were ejected while the driver had to be extricated from the wreck. All three occupants were taken to a hospital for treatment of the injuries they suffered.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Sadly, the 43-year-old passenger who was sitting in the back seat later succumbed to his injuries. The surviving family members of passengers who die in car accidents are entitled to pursue financial relief by filing wrongful death claims against an allegedly negligent driver in a Missouri civil court. Upon proof of
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
negligence
</a>
<span style="display: initial;">
, the court will consider documented claims for financial losses. These may include end-of-life expenses, loss of future income, loss of companionship and more. This process is typically followed by the entering of a monetary judgment for documented damages.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kfvs12.com, “
</span>
<a href="http://www.kfvs12.com/story/33307755/1-person-died-after-crash-on-e-cape-rock-in-cape-girardeau-on-monday" target="_blank" style="display: initial;">
1 person died after crash on E. Cape Rock in Cape Girardeau on Monday
</a>
<span style="display: initial;">
“, Amber Ruch, Oct. 4, 2016
</span>
</p>
</div>Car AccidentsFatal motor vehicle accidents: 1 teen dead, 3 injured on Mo. 1682016-10-02T08:26:53Z2016-10-02T08:26:53Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
On a recent Saturday evening at about 9:30 p.m., the sheriff’s department of Shelby, fire departments, ambulance services and medical rescue helicopters responded to the scene of a tragic accident on Mo. 168. A 15-year-old boy lost his life in the crash. The Missouri State Highway Patrol says this was one of many
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
fatal motor vehicle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
that have claimed the lives of 22 people in the Troop B area so far this year.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
According to the crash report, four teens — ages 14, 15, 16 and 17 — were traveling on the highway. The reasons for the 17-year-old boy who was driving the vehicle to lose control are yet to be determined. After running off the roadway, he apparently overcorrected. This caused the car to roll over several times before it came to a halt in a field.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
All four occupants were reportedly ejected in the crash. The 15-year-old Shelbyville boy was fatally injured, and his death was pronounced at the accident scene. The driver was taken to a regional hospital by ambulance, and the other two boys were both airlifted to a hospital in Columbia. The severity of the injuries to the three boys is not known.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Losing teenage children in fatal motor vehicle accidents will always be particularly traumatizing because the victims are commonly groups of friends traveling together. The parents of the deceased victim may pursue financial relief by filing a wrongful death claim against the driver and the owner of the vehicle. Similarly, personal injury claims may be filed in a Missouri civil court by the boys who were injured in this crash. Recovery of end-of-life and/or medical expenses, other financial losses and emotional damages may be included, as appropriate, in documented claims that will be adjudicated once negligence has been established.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: whig.com, “
</span>
<a href="http://www.whig.com/20160926/one-teen-killed-three-others-injured-in-shelby-county-accident" target="_blank" style="display: initial;">
One teen killed, three others injured in Shelby County accident
</a>
<span style="display: initial;">
“, Ashley Szatala, Sept. 26, 2016
</span>
</p>
</div>Fatal Motor Vehicle AccidentsCar accidents: 2 injured in single car crash that killed driver2016-09-26T08:28:51Z2016-09-26T08:28:51Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
After the death of a woman in an accident in High Ridge on Aug. 2, another crash recently claimed the life of a driver in the same vicinity. The latest was one of those single-car accidents in which the driver was killed, and the passengers were seriously injured. The Missouri State Highway officers who responded to the scene say the wreck occurred shortly before 9 p.m.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to an accident report, a 35-year-old Cedar Hill man was eastbound on a local road with two passengers in his car. For unknown reasons, the driver went across the center line, and the vehicle left the road on the opposite side. It then smashed into a tree.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The emergency workers of the North Jefferson County Ambulance arrived to find the driver deceased. His death was pronounced at the accident scene. Both passengers were injured in the crash. A 34-year-old House Springs woman was taken to a medical center from where her condition was reported to be stable. The other victim, a 32-year-old Fenton man was critically injured, and he was airlifted to a hospital in Creve Coeur.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Injured victims of car accidents are entitled to pursue claims for financial relief — even if the driver that caused the crash did not survive. Personal injury claims may be filed against the estate of the driver if he or she is deemed responsible. If such lawsuits are filed in a Missouri civil court, the plaintiffs will have establish
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
negligence
</a>
<span style="display: initial;">
<span style="display: initial;">
on the part of the deceased driver before the court can adjudicate documented claims for financial and emotional damages sustained. If this process is successful, the court may award monetary judgments.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: myleaderpaper.com, “
</span>
<a href="http://www.myleaderpaper.com/news/accidents/cedar-hill-man-killed-two-others-seriously-hurt-in-one/article_bd8ecfca-802e-11e6-b118-97e20a0e0ef4.html" target="_blank" style="display: initial;">
Cedar Hill man killed, two others seriously hurt in one-car accident on Hunning Road
</a>
<span style="display: initial;">
“, Kim Robertson, Sept. 21, 2016
</span>
</p>
</div>Car AccidentsMulti-car crashes: 1 airlifted after 4 vehicles collide on I-702016-09-19T08:30:24Z2016-09-19T08:30:24Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
The Missouri State Highway Patrol responded to an Interstate 70 crash on a recent Monday morning. This was one of many
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
multi-car crashes
</a>
<span style="display: initial;">
<span style="display: initial;">
that occur in or near road construction zones. In this instance, an earlier accident in a work zone caused traffic to come to a halt in the westbound lanes of the interstate.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
An accident report indicates that a 59-year-old driver from a neighboring state failed to reduce speed in time when he came upon the stopped traffic. He allegedly smashed his van into the rear of a car operated by a Foristell woman. The impact of this collision propelled her car into an SUV and another sedan.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This sedan’s 43-year-old driver from Arnold suffered minor injuries, as did the driver of the van. Although the SUV rolled over and landed on its side, the driver was uninjured. The car that was first struck by the van landed in a ditch, and the driver suffered serious injuries. She was rushed to a Saint Louis hospital by helicopter. The two drivers who were less seriously injured were transported to another hospital by road.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It is not uncommon for multi-car crashes to cause injuries to several motorists. Any person who suffered injuries as the result of another party’s negligence retains the right to pursue claims for recovery of financial and other losses. Personal injury lawsuits may be filed in a Missouri civil court, and upon establishment of negligence, the court will adjudicate documented claims before entering a monetary judgment. Along with medical expenses, lost income, pain and suffering and other damages can form part of the damages sought.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: 70westsentinel.com, “
</span>
<a href="http://70westsentinel.com/newsdesk/foristell-woman-seriously-injured-in-multi-vehicle-crash/" target="_blank" style="display: initial;">
Foristell Woman Seriously Injured in Multi-Vehicle Crash
</a>
<span style="display: initial;">
“, Tamara Duncan, Sept. 13, 2016
</span>
</p>
</div>Car AccidentsTeen driver loses control in 1 of 6 fatal Labor Day car accidents2016-09-14T08:32:23Z2016-09-14T08:32:23Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Whenever there is a holiday weekend, scores of people in Missouri take to the roads. With increased traffic comes increased risk for accidents. Sadly, the Missouri State Highway Patrol reports that six lives were lost in car accidents on state roads this Labor Day weekend.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
One of those fatal crashes reportedly took place on Route C in Gasconade County on Labor Day. According to an accident report by the attending trooper, a 16-year-old boy from Overland was traveling west on the county road when he allegedly lost control of his vehicle in a turn. The vehicle rolled over after it left the roadway.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Reportedly, neither the driver nor his passenger wore their safety belts. The driver suffered moderate injuries, and he was admitted to a Rolla hospital. The 24-year-old passenger, a Leslie resident, suffered more severe injuries. He was rushed to the Phelps County Hospital but succumbed to his injuries later, and he was pronounced dead within two hours after the crash. No mention is made of the possible involvement of alcohol or drugs.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The deceased passenger’s surviving family members will be entitled to hold the teenage driver accountable for their damages brought about by the tragic accident. However, as with all lawsuits for the recovery of losses after car accidents,
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
negligence
</a>
<span style="display: initial;">
<span style="display: initial;">
must be established. In a case in which the alleged negligent driver is a teen, the registered owner of the vehicle can also be named as a defendant when a wrongful death claim is filed in a Missouri civil court. The successful presentation of such a claim may lead to a monetary judgment to cover documented claims for emotional and financial losses.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: gasconadecountyrepublican.com, “Leslie man, 24, dies in Labor Day accident south of Bland on Rt. C”, Sept. 7, 2016
</span>
</p>
</div>Car AccidentsMany fatal car accidents caused by basic driver errors2016-09-08T08:34:17Z2016-09-08T08:34:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Following too closely behind other vehicles can have devastating consequences. Drivers may not leave themselves enough space to react if the car ahead of them slows down unexpectedly. Many fatal
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
in Missouri result from such basic errors.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A recent crash on Highway 21 in the area of De Soto occurred under such circumstances and claimed the life of one person. According to a report by the Missouri State Highway Patrol, the incident happened shortly before 4 p.m. on a recent Wednesday. A 56-year-old Potosi driver was southbound on the highway when the car ahead of her slowed to turn left. Because there was no time to slow down, the only way to avoid rear-ending the turning car was to swerve into the lane of the northbound traffic.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A northbound car was struck head-on. Emergency services rushed to the accident scene and transported the 58-year-old passenger of the southbound vehicle to a hospital where she succumbed to her injuries within one hour. The drivers of the two cars that collided were both airlifted to another hospital with injuries of undisclosed severity.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Losing loved ones in avoidable car accidents is naturally devastating. At this difficult time, the victim’s surviving family members may have to face medical bills, end-of-life expenses and other financial losses. They will be entitled to pursue recovery of damages by filing a wrongful death lawsuit in a Missouri civil court against the driver of the car. If negligence can be established, the court will adjudicate all the documented claims for losses incurred before entering a monetary judgment.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: myleaderpaper.com, “
</span>
<a href="http://www.myleaderpaper.com/news/passenger-dies-in-de-soto-area-head-on-crash/article_a85f3bac-7058-11e6-98c8-9b45cff63fc0.html" target="_blank" style="display: initial;">
Passenger dies in De Soto-area head-on crash
</a>
<span style="display: initial;">
“, Peggy Bess, Sept. 1, 2016
</span>
</p>
</div>Car AccidentsTexting — the cause of many fatal motor vehicle accidents2016-09-01T08:35:49Z2016-09-01T08:35:49Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Recent statistics indicate that the number of fatalities in road accidents nationwide continues to increase. According to the American Automobile Association, distracted driving is a large contributor to the alarming rate of deaths. A spokesperson for the AAA said texting might be the most shocking distraction because drivers engage in it voluntarily, often leading to
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
fatal motor vehicle accidents
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<br/>
</p>
<p>
Missouri is one of only four states that allow drivers to text while they drive. It is only prohibited for drivers younger than 21 years. The Department of Transportation says of all the drivers in their 20s that were killed in crashes, 38 percent had been using their mobile phones at the time of the accident.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Attempts by state lawmakers during each session to get a law passed to ban all texting, regardless of the age of the driver, have failed thus far. Sadly, many people make poor choices. In the states where texting is banned, 17 percent fewer motorists use their mobile devices while driving than those in the four states with no ban.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Too many deaths have been caused by texting drivers, and it remains to be seen whether Missouri will pass laws to ban mobile use while driving. Surviving family members of those who have lost their lives in fatal motor vehicle accidents that were caused by texting drivers may pursue claims for financial relief. End-of-life costs and emotional damages may be recovered in a successfully presented wrongful death claim in a civil court. Establishing evidence of such negligence may be difficult, and the help of an experienced motor vehicle accident attorney may be invaluable.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kmov.com, “Number of people dying on U.S. roadways up; distracted driving partially to blame”, Nora Farrell, Lauren Pozen, Aug. 24, 2016
</span>
</p>
</div>Fatal Motor Vehicle AccidentsFatal pedestrian accidents: Teen driver strikes 14-year-old2016-08-24T08:37:45Z2016-08-24T08:37:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Too many young lives are lost on Missouri roads in crashes caused by inexperienced teenage drivers. Although these young drivers may be capable of driving safely under normal circumstances, they are often not equipped to handle emergencies. In one of many
</span>
</span>
<a href="/personal-injury/pedestrian-accidents" style="display: initial;">
pedestrian accidents
</a>
<span style="display: initial;">
, a teenager was killed when another one lost control of the vehicle he was driving.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to a preliminary accident report that was prepared by the Missouri Highway Patrol, the incident occurred shortly after dismissal at Harrisonville High School on a recent Tuesday. A 17-year-old boy reportedly lost control of the SUV he was driving. After going off the left side of the roadway, he swerved back onto the street. However, he overcorrected, and the vehicle shot across the road where it struck a 14-year-old pedestrian.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The pedestrian was rushed to a regional hospital, but he succumbed to his injuries shortly after being admitted. The SUV apparently only came to a halt after it had crashed into a residence. The man who lives in this house was not injured. He noted that although the young driver was uninjured, the teen driver will have to live with this for the remainder of his life.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Missouri families who have lost loved ones in pedestrian accidents will likely have to face substantial unanticipated expenses while also having to cope with their tragic losses. Financial relief can be pursued by filing wrongful death claims in a civil court. Plaintiffs will have to prove that another party’s negligence caused or contributed to the death of their loved one. Once that is established, the court can adjudicate documented claims for emotional and financial damages before awarding monetary compensation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kshb.com, “
</span>
<a href="http://www.kshb.com/news/state/missouri/traffic-crash-kills-teen-boy-tuesday-afternoon-in-harrisonville" target="_blank" style="display: initial;">
Teen driver kills 14-year-old boy in a Tuesday afternoon traffic crash in Harrisonville
</a>
<span style="display: initial;">
“, Steve Kaut, Dia Wall, Aug. 23, 2016
</span>
</p>
</div>Pedestrian AccidentsCar crashes: 72-year-old driver dies when hit while turning left2016-08-17T08:40:34Z2016-08-17T08:40:34Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Many vehicle accidents in Missouri are caused by drivers who are distracted or follow too closely behind other vehicles. Drivers who are caught unaware when cars ahead slow down can cause devastating car crashes. A Kansas City road was recently closed for several hours after an accident that led to the death of a motorist.
</span>
</p>
<p>
<br/>
</p>
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<span style="display: initial;">
According to a police report, a 72-year-old driver was southbound when he attempted to turn left onto another street. Reportedly, the vehicle behind him noticed too late that he was slowing down or stopping before making the turn. The second car allegedly swerved left to avoid a collision but smashed into the door on the first car’s driver’s side.
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</p>
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<span style="display: initial;">
<br/>
</span>
</p>
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<span style="display: initial;">
The impact of the collision propelled the turning car off the left side of the roadway and into a gas main. Emergency personnel rushed the driver of the first vehicle to a hospital where he was later pronounced dead. His death was reported to have been caused by the injuries he suffered in the crash. No mention was made of injuries to the other driver, but he was arrested by police who are investigating the possibility of impairment.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Families of those who die in car crashes are entitled to pursue financial relief by filing wrongful death claims against other drivers deemed responsible for the accidents. When presenting the claim in a Missouri civil court, the plaintiffs will have to establish
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
negligence
</a>
<span style="display: initial;">
<span style="display: initial;">
that shows that the other driver contributed or caused the death of their loved one. The court can then adjudicate documented claims for financial losses and emotional damages sustained before entering a monetary judgment.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: fox4kc.com, “
</span>
<a href="http://fox4kc.com/2016/08/16/72-year-old-man-killed-in-crash-near-115th-and-holmes/" target="_blank" style="display: initial;">
72-year-old man killed in crash near 115th and Holmes
</a>
<span style="display: initial;">
“, Stephanie Graflage, Aug. 16, 2016
</span>
</p>
</div>Car AccidentsCar accidents: Alleged failure to yield causes accident injuries2016-08-09T08:42:43Z2016-08-09T08:42:43Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Any motorist can be involved in a crash on Missouri’s busy highways. Regardless of how cautious and attentive one driver is, he or she has no control over the actions of other vehicle operators. Victims of car accidents typically have to cope with unexpected injuries and the accompanying financial consequences.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The Missouri State Highway Patrol reported that an accident occurred on Highway Z near Hillsboro on a recent Sunday. A 53-year-old eastbound pickup truck driver from St. Charles apparently initiated a left turn without yielding to a westbound car. He is said to have turned directly into sedan’s path, striking the front of it.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
Although the pickup truck driver was uninjured, the 34-year-old woman driving the car suffered moderate injuries. She was transported to a medical facility in St. Louis County for the treatment of her injuries. Her condition was reported to be satisfactory on the following afternoon. Officers said both drivers were strapped into their safety belts. It was not reported whether any charges have been filed against the driver who police say failed to yield.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
It is not known whether the woman’s injuries will have long-term consequences, though they are often experienced by victims of car accidents. The economic impact can be devastating, and victims may pursue financial relief through the Missouri civil justice system. A personal injury claim may be filed, and it will be incumbent on the plaintiff to establish proof of
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
negligence
</a>
<span style="display: initial;">
<span style="display: initial;">
on the part of the other driver. Once liability is formally established, the court will adjudicate any documented claims for damages sustained.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: myleaderpaper.com, “
</span>
<a href="http://www.myleaderpaper.com/news/accidents/pevely-woman-hurt-in-two-vehicle-accident-on-hwy-z/article_836129b8-582b-11e6-a526-4369bf352b61.html" target="_blank" style="display: initial;">
Pevely woman hurt in two-vehicle accident on Hwy. Z
</a>
<span style="display: initial;">
“, Kim Robertson, Aug. 1, 2016
</span>
</p>
</div>Car accidents: 3-vehicle Missouri crash claims 2 lives2016-08-02T08:44:29Z2016-08-02T08:44:29Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A section of a Missouri Highway 30 in Jefferson County had to be closed for cleaning up activities and investigation after a fatal crash that occurred on a recent Thursday afternoon. This was one of the many multi-
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
that have claimed lives of motorists on the state’s roadways. According to the State Highway Patrol, the crash involved three cars and took the lives of two drivers.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
An accident report indicates that a 23-year-old pickup truck driver was traveling east on the highway when his attempt to change lanes ended in a collision with another pickup truck. The first truck rolled over, and it was propelled into the lanes of westbound traffic. It smashed into a third vehicle that was traveling in that lane.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Both these drivers suffered critical injuries in the crash, and they were rushed to a medical facility. Sadly, both drivers succumbed to their injuries while they were in the hospital. The second pickup truck also rolled over after crossing the median, but the driver of this vehicle suffered no injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The surviving family members of the man in the third vehicle who died in this crash are entitled to pursue claims for financial relief. In cases in which the drivers deemed responsible for car accidents died, their estates may be named as defendants in wrongful death lawsuits. However, sufficient evidence of negligence on the part of the driver will have to be established before a Missouri civil court will adjudicate documented items of damages incurred. These claims may include out-of-pocket losses along with emotional damages brought about by the tragedy.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: stltoday.com, “
</span>
<a href="http://www.stltoday.com/news/local/crime-and-courts/critically-injured-in-jefferson-county-crash/article_5886f31a-acda-577e-8c65-6c7630c0236b.html" target="_blank" style="display: initial;">
2 killed in Jefferson County crash
</a>
<span style="display: initial;">
“, Jesse Bogan, Nassim Benchaabane, July 28, 2016
</span>
</p>
</div>Truck accidents: Passenger in big rig suffers serious injuries2016-07-28T08:45:51Z2016-07-28T08:45:51Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Operators of motor vehicles on the busy Missouri roads can be held accountable if their passengers suffer injuries due to driver negligence. This responsibility belongs to all drivers, including those operating big rigs. Injuries suffered in truck accidents can be serious and could have long-term consequences.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The Missouri State Highway Patrol reported that a semi-truck driver recently lost control of his vehicle and wrecked it. The crash report indicates that the incident occurred on a recent Monday afternoon on Highway 65. The 49-year-old driver of the truck was heading north when he veered off the roadway.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The big rig rolled over after striking the center median. Reportedly, the driver suffered moderate injuries, and he was transported to a Springfield hospital by ambulance. However, the injuries suffered by his 35-year-old passenger were severe enough to justify a flight by air ambulance. Authorities said the driver was not buckled into his safety belt, and it was not known whether the passenger wore his safety belt.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
When passengers are injured in truck accidents, the potential routes by which to pursue financial relief may vary. An injured victim may benefit from consulting with an experienced Missouri personal injury attorney because the status of the passenger will determine the manner by which compensation can be sought. He or she can be an employee of the same company as the worker, in which case a claim for workers’ compensation benefits will be the appropriate way to go. However, the passenger may have been an acquaintance who went along for the ride, or a hitchhiker that the truck driver met along the way. In these cases, the injured man may pursue a personal injury claim against the driver and the owner of the truck.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: lakenewsonline.com, “
</span>
<a href="http://www.lakenewsonline.com/news/20160719/versailles-tipton-men-injured-in-semi-truck-wreck-on-highway-65" target="_blank" style="display: initial;">
Versailles, Tipton men injured in semi truck wreck on Highway 65
</a>
<span style="display: initial;">
“, July 19, 2016
</span>
</p>
</div>Car accidents in Central Missouri claim 6 lives in July so far2016-07-27T08:49:10Z2016-07-27T08:49:10Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Records indicate that six lives have been lost this month in the 13-county area of Central Missouri. The number of fatalities resulting from car accidents in this area stands at 39 so far this year. The latest death was reportedly that of a 20-year-old woman after an accident on a recent Monday morning.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The Missouri State Highway Patrol reports that the crash occurred on Highway 22. Apparently, the woman was westbound on the highway when she allegedly proceeded to pass another car. After initiating the pass, she apparently noticed an oncoming pickup truck and swerved hard right to get back into the westbound lane.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
However, her maneuver caused her vehicle to be at a 90-degree angle when the pickup truck smashed into the side of the car. Another eastbound driver crashed into the pickup truck. That driver was reportedly the only one wearing a safety belt, and he suffered only minor injuries. The woman in the first car died at the scene of the crash. The 28-year-old driver of the pickup truck suffered serious injuries and was transported by helicopter to University Hospital.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
This is one of the many car accidents in Missouri that might have never happened if one driver had kept a proper lookout before passing another vehicle. The man who was seriously injured may now be facing substantial medical bills, and although the nature of his injuries is unknown, it may be life-altering. Claims for financial relief may be pursued by filing a personal injury lawsuit in a civil court against the estate of the deceased driver and any separate owner of the car she was operating. After
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
negligence
</a>
<span style="display: initial;">
<span style="display: initial;">
has been established, the court will adjudicate documented claims for monetary losses before entering a monetary judgment.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/local/centralia-woman-dies-after-crash-near-mexico-mo/article_b8a17e15-f498-5a56-8351-227d2ccda550.html" target="_blank" style="display: initial;">
Centralia woman dies after crash near Mexico, Mo.
</a>
<span style="display: initial;">
“, July 19, 2016
</span>
</p>
</div>Missouri car accidents: Crash claims 1 life, injures 22016-07-12T08:51:13Z2016-07-12T08:51:13Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Drivers in Missouri are responsible for driving safely in all conditions. Many car accidents occur in adverse weather conditions, but drivers are still required to adapt to the prevailing circumstances. During a downpour of rain on a recent Thursday morning, a fatal crash occurred on Missouri 5 not far from Lebanon.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
An accident report by the Missouri State Highway Patrol indicates that a 56-year-old Camdenton man was northbound on a rain-covered Missouri 5. It is believed that the wetness of the road caused him to lose control of his vehicle, causing it to cross into the southbound traffic lanes. He smashed into an oncoming car and continued sliding out of control. His car then slammed into another southbound vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The driver who lost control was killed, and the 52-year-old Lebanon driver of the second car suffered
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
serious injuries
</a>
<span style="display: initial;">
. The third driver — a 67-year-old woman from Sunrise Beach — suffered moderate injuries. Both these drivers were transported to a hospital. Authorities said all three drivers were buckled into their safety belts.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When motorists in Missouri suffer injuries in car accidents that were deemed to have been caused by the negligence of others, claims for financial relief may be pursued. In cases such as this one in which the driver who caused the accident lost his life, personal injury claims may be filed against the estate of the deceased driver. Negligence will have to be established before the court can find financial liability has been established. That will allow adjudication of documented claims for financial and emotional damages for the purpose of monetary judgments.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: lebanondailyrecord.com, “Crash on north Mo. 5 kills 1”, July 7, 2016
</span>
</p>
</div>Missouri motorcycle accidents: 3 riders injured on charity ride2016-07-03T08:55:30Z2016-07-03T08:55:30Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Three motorcycle riders were recently injured as they took part in a poker run to benefit a Joplin VFW post. Motorcycle accidents that occur when bikers travel in groups can have devastating consequences. The crash happened on a stretch of Missouri Highway 96 that formed a part of their route.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to a report by the Missouri State Highway Patrol, a pickup truck driver was eastbound on the highway when he failed to slow down and stop behind a stationary vehicle. To avoid a collision, the 16-year-old pickup driver swerved into the westbound lane. He smashed into the bike of a 51-year-old participant of the poker run. The collision caused critical injuries to the biker.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A 29-year-old rider on another motorcycle reportedly suffered ankle injuries when his bike overturned as he tried to avoid the initial crash. A third rider then crashed into the wreckage. This 46-year-old man is said to have fractured his ankle, collar bone and arm. The teenager who drove the pickup truck apparently suffered no injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Victims of
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
often suffer severe injuries that may require extensive medical treatment. The related medical expenses and possible lost income can cause havoc to the finances of victims. Recovery of damages may be pursued by filing personal injury claims in a Missouri civil court. Along with financial losses, non-economic damages may be included in a list of documented claims. Once liability is established by appropriate proof of negligence, the court will adjudicate the claims before considering a monetary judgment.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: carthagepress.com, “
</span>
<a href="http://www.carthagepress.com/news/20160629/crash-sends-3-motorcyclists-to-hospital" target="_blank" style="display: initial;">
Crash sends 3 motorcyclists to hospital
</a>
<span style="display: initial;">
“, John Hacker, June 29, 2016
</span>
</p>
</div>Car accidents: 2 dead, 2 injured after police warn teenagers2016-06-29T08:57:18Z2016-06-29T08:57:18Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
It is always sad to learn about motor vehicle crashes that result in the deaths of teenagers. Unfortunately, many such deaths are caused by car accidents that involve alcohol. One such a tragedy recently claimed the lives of two Missouri teens.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Police in Excelsior Springs reportedly pulled over a car with teenage occupants on 291 Highway in the early hours of a recent Monday morning. They were stopped because some of the passengers were reportedly hanging out the windows of the car. Although officers detected a strong smell of alcohol from within the car, the driver passed a field sobriety test and a breath test. They were let off with a warning and continued on their way.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A short while later, the 19-year-old driver — who was reported to have been the designated driver for the night — lost control of the vehicle and smashed into a pole. The car overturned and caught fire. The driver and one of the passengers were killed. Two other passengers were transported to a hospital. One of them reportedly said they were all intoxicated at the time of the accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
As with other serious Missouri car accidents, personal injury and/or wrongful death claims may be filed in a civil court. In this case, the surviving family of the deceased passenger as well as the injured individuals may pursue financial relief by filing claims against the estate of the deceased driver and any other person who maintained an ownership interest in the car. Documented claims for financial losses may be presented to the court once
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
negligence
</a>
<span style="display: initial;">
<span style="display: initial;">
is established by appropriate proof.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: fox4kc.com, “
</span>
<a href="http://fox4kc.com/2016/06/27/before-fatal-crash-excelsior-springs-police-stopped-car-with-drunk-teens-inside-let-them-go/" target="_blank" style="display: initial;">
Before fatal crash, Excelsior Springs police stopped car full of teens, gave sobriety test, let teens go
</a>
<span style="display: initial;">
“, Molly Balkenbush, June 27, 2016
</span>
</p>
</div>Silence is golden2016-06-24T08:59:03Z2016-06-24T08:59:03Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Last week marked the 50th anniversary of what is perhaps one of the two or three most famous Supreme Court cases. On June 13, 1966, the Court handed down the decision in Miranda v. Arizona. That case altered police procedure and the portrayal of police in movies and television, and placed in the American vernacular the memorable phrase that begins with, “You have the right to remain silent….”
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
That phrase, which is now required to be read to criminal suspects who have been subjected to a
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
custodial arrest
</a>
<span style="display: initial;">
, seems at once unremarkable. The Fifth Amendment, which provides that right, has been part of the U.S. Constitution since the Bill of Rights was added to the document on December 15, 1791.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
What is remarkable is that many are outraged at the case that produced the notion that someone accused of a crime should be informed of the Constitutional rights that are supposed to govern the suspect/police interaction.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The decision was widely condemned, although it is difficult to understand how requiring the police to inform suspects of longstanding constitutional rights would be so controversial. If nothing else, it laid bare the claim that the police are engaged in a search for the truth and justice and instead are often looking for the first suspect from whom they can force a confession.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Given the vast prosecutorial power of the state and the potential for depriving an individual of their life and or liberty, it does not seem too much to ask that the police comply with basic elements of our constitutional scheme. In the cases that most irritate Miranda’s critics, it is almost always reckless or incompetent behavior by the police that leads to a statement being suppressed.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Constitution certainly deserves, at a minimum, the respect of those who are sworn to uphold it and that respect should be demonstrated by their learning how to follow it.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: philly.com, “
</span>
<a href="http://articles.philly.com/2016-06-13/news/73723013_1_warnings-suspect-u-s-supreme-court" target="_blank" style="display: initial;">
In court and culture, ‘Miranda’ endures
</a>
<span style="display: initial;">
,” Alan L. Yatvin, June 13, 2016
</span>
</p>
</div>FeloniesNew legal steps taken to deal with missed child support2016-06-22T09:01:03Z2016-06-22T09:01:03Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
When a parent misses a court-ordered payment of support for a child, there are certain actions that may be taken by the other parent and by the state. While most non-custodial parents strive to make
</span>
</span>
<a href="/family-law/child-support" style="display: initial;">
child support payment
</a>
<span style="display: initial;">
s when those payments are due, any parent in Missouri in danger of falling behind may benefit by gaining an understanding of the available options to avoid potentially negative legal consequences. One state has recently decided to enact harsh consequences when a parent is significantly behind in support payments to the other parent.
</span>
</p>
<p>
<br/>
</p>
<p>
While every state has laws in place to restrict, suspend or revoke a driver’s license when back due payments accumulate, one state will make it impossible for parents who owe at least six months of child support to register a car. This new measure will take effect in the fall. It will only affect parents who are six months behind in child support.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Some are criticizing the new move to block vehicle registrations in Texas. They say it will only make it harder for a parent to earn the money needed for child support. Clearly, those who rely upon a vehicle for employment will find it necessary to confront the issue immediately.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There are an untold number of reasons a parent may fall behind in child support, including job loss or relocation to another area. In Missouri, if a parent endures unexpected or unavoidable financial hardships, that parent may consider seeking a formal modification to a support order. This can help that parent stay current with payments and avoid the negative consequences of repeatedly missed payments.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: myfox8.com, “
</span>
<a href="http://myfox8.com/2016/06/20/texas-to-block-vehicle-registration-for-parents-behind-on-child-support/" target="_blank" style="display: initial;">
Texas to block vehicle registration for parents behind on child support
</a>
<span style="display: initial;">
“, June 20, 2016
</span>
</p>
</div>Child SupportPaternity cases in Missouri can affect families in many ways2016-06-21T09:03:47Z2016-06-21T09:03:47Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Legal orders establishing who the father of a child is are important in many ways and play a significant role in family law matters both inside and outside of family court. The establishment of paternity in Missouri can open the door to a number of legal matters and actions. Those matters can affect the child and both parents in a variety of ways depending on the unique circumstances of each family.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
First of all, a paternity ruling in family court will start the process of financial support or child support for any child involved. There are other financial support decisions that can also come into play when paternity is established. For example, past expenses, including birth expenses, can be factored into what a parent may owe once paternity has been established.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
There are more than financial matters for families to consider when paternity is determined. Custodial issues can arise and need to be agreed upon. The rights and responsibilities of each parent can now be determined. This can include how much time each parent gets with a child. It can also affect the parent’s ability to make decisions regarding that child.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Paternity issues can get very complicated for parents in Missouri. Yet, it is important for all parties involved to understand what exactly can unfold once paternity is determined. Our website has more information about paternity issues and how legal guidance and support can clarify those issues and help a parent prepare for any changes or agreements that may be set in motion.
</span>
</p>
</div>Child CustodyATVs can be fun but negligence can cause serious injuries2016-06-21T09:02:42Z2016-06-21T09:02:42Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
It is summertime, school is out, and children must be kept busy. This is the time for enjoying the outdoors, and boating, swimming, fishing and camping are activities that are prevalent. In addition, some people enjoy riding all-terrain vehicles, especially in the rural areas of Missouri. Unfortunately, negligence in the operation of ATVs has led to many serious injuries and even fatalities in the past.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The increase in popularity of these vehicles has resulted increased numbers of fatalities. While ATVs are mostly used in off-road conditions, it is legal to ride them on the roadways. Although Missouri law clearly states that children under the age of 16 may only operate ATVs in the presence — and under the supervision — of an authorized parent or guardian, these vehicles are often treated as toys on private property.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Negligent operation of an ATV makes it an extremely dangerous vehicle. Statistics show that 17 people lost their lives in ATV accidents in Missouri in 2014, and 139 individuals suffered injuries. Records indicate that many of the victims — both dead and injured — were younger than 18 years of age. Carelessness and negligence were cited as main factors in these crashes.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In the event that any serious injuries were suffered in an ATV accident that was caused by the negligence of another party, financial relief may be pursued. Injured victims — or the parents of injured children — may file personal injury claims in a Missouri civil court. Once the plaintiff has established negligence to the court’s satisfaction, a monetary judgment may follow. At that time, all documented claims for damages and losses will be adjudicated.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: leaderjournal.com, “
</span>
<a href="http://www.leaderjournal.com/article/20160609/NEWS/160609247" target="_blank" style="display: initial;">
Trooper Talk: All-terrain vehicle safety
</a>
<span style="display: initial;">
“, June 9, 2016
</span>
</p>
</div>Fatal Motor Vehicle AccidentsSerious injuries caused by left turning pickup truck on U.S. 632016-06-20T09:06:20Z2016-06-20T09:06:20Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
It is not uncommon for drivers to make left turns without keeping a proper lookout for other cars. This has led to many car accidents with
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
serious injuries
</a>
<span style="display: initial;">
<span style="display: initial;">
on Missouri highways. One such accident reportedly happened on U.S. Highway 63 in Kirksville on a recent Tuesday evening.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
Authorities reported that a 29-year-old driver who was traveling south on the highway tried to make a left turn onto another highway without checking for other traffic. His pickup truck reportedly smashed into another vehicle that was also southbound on U.S. Highway 63. That car carried two passengers from another state.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A 67-year-old woman and a 69-year-old man were both injured. By the following afternoon, hospital reports indicated that the man’s condition was serious while the woman’s condition was classified as fair. There was no mention of injuries to the pickup truck driver who seemed to have caused the crash. The Kirksville Police Department said charges against this driver were pending.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Whenever serious injuries are suffered in car accidents on Missouri roads, the victims are entitled to pursue claims for damages against those deemed responsible. A personal injury claim can be filed in a civil court; in the case of a fatal accident, a wrongful death claim may be pursued.
</span>
</p>
<p>
<span style="display: initial;">
Negligence on the part of the driver believed responsible must be established. When the court is satisfied that financial liability has been determined, it will adjudicate all documented claims for damages. These may include both out-of-pocket financial losses along with non-economic damages such as pain and suffering, loss of life enjoyment and more.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kirksvilledailyexpress.com, “
</span>
<a href="http://www.kirksvilledailyexpress.com/news/20160615/one-person-in-serious-condition-after-crash-on-us-highway-63" target="_blank" style="display: initial;">
One person in serious condition after crash on U.S. Highway 63
</a>
<span style="display: initial;">
“, June 15, 2016
</span>
</p>
</div>Perception and reality2016-06-17T09:08:09Z2016-06-17T09:08:09Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Interesting news that the number of traffic citations issued by the Columbia Police department has declined sharply. The numbers are really amazing. According to the
</span>
</span>
<a href="http://www.columbiatribune.com/news/local/municipal-court-sees-decrease-in-cases-as-traffic-enforcement-drops/article_b9927ac3-36c3-5cdc-ab75-1d5e13f4151e.html" target="_blank" style="display: initial;">
Columbia Daily Tribune
</a>
<span style="display: initial;">
, “Traffic tickets and summonses police doled out in 2015 decreased by 72.8 percent from 2010’s 10-year high of 13,337.”
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
An almost 73 percent decrease in traffic tickets. What is most surprising, is it is unlikely that anyone driving around or through Columbia would have recognized this massive decrease. The number of crashes, drunken drivers and other traffic problems certainly has not increased by a similar amount.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Imagine if the highway department said they were reducing road maintenance 73 percent, and that they would only fix a quarter of potholes, broken traffic lights or anything else that needed maintenance. That would be noticeable.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The police exist to serve and maintain public safety, but when you look at these numbers, you realize how much discretion they have in carrying out those functions and reductions like this lead you to think that perception of public safety and reality often differ.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The criticism that many Missouri departments faced after Ferguson and the changes that the legislature made to prevent police departments from behaving as tax collectors with badges is part of the change, although Columbia was never anywhere as abusive as cities like Ferguson.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Some in the department complain that the drop in traffic stops has meant they find fewer violations of drug or firearm laws, but that argument seems belies the idea that traffic enforcement is primarily about traffic safety, instead of a cover for pretext stops that may violate the Fourth Amendment.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
But we all must recognize that policing is a very complex activity and that playing the numbers game of many arrests as a means of demonstrating “effectiveness” can have very negative consequence.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Other policies, like the use of DUI checkpoints, have very little to do with actually reducing drunk drivers and more to do with law enforcement’s marketing of their “handling” the problem of intoxicated drivers.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Source: columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/crime/traffic-citations-continue-downward-trend-as-enforcement-takes-back-seat/article_3a94a41a-fe97-5ac8-abe5-816fab410d05.html" target="_blank" style="display: initial;">
Traffic citations continue downward trend as enforcement takes back seat to community outreach
</a>
<span style="display: initial;">
,” Alan Burdziak, June 12, 2016
</span>
</p>
</div>Drunk DrivingThis time, it really is a technicality2016-06-10T09:11:05Z2016-06-10T09:11:05Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In the criminal justice system, when a charge is dropped or dismissed because of mistakes by the police or prosecution, some people complain that a guilty individual went free because of a technicality. Of course, if they are not convicted, the are not guilty. And in too many cases, that “technicality” is often one of the bedrock principles of American jurisprudence.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When law enforcement illegally searches a person or residence without a warrant, the items discovered during that search may be suppressed and not allowed as evidence due to the illegality of the search which violates the Fourth Amendment of the Constitution.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Other cases may involve coercion by police or prosecutors in obtaining a “confession” by duress. When that “confession” is tossed as violating the Fifth Amendment, it can compromise a prosecutor’s case.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
These situations often lead to cries of outrage over the dismissals due to “technicalities.” The Constitution and its amendments are never technicalities, they are fundamental to the rule of law in the United States and law enforcement, above all other entities, must adhere to that law. Most law enforcement officers in the U.S. are required take an oath of office to uphold the Constitution.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
However, there are situations in the criminal justice system where there are genuine “technical” mistakes. Earlier this year, the Missouri Supreme Court found that an error in the statutes that required breathalyzers used in
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
DWI cases
</a>
<span style="display: initial;">
<span style="display: initial;">
to be calibrated to “0.04, 0.08 and 0.10” meant exactly that. The word “and” was supposed to be “or” but the mistake was missed and the regulations were published.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Because most breathalyzers would not have been calibrated to the correct standard, most of their readings made during this period would be invalid, placing many DWIs prosecutions in jeopardy. Prosecutors have argued the legislature should have fixed this in the last legislative session, but there were questions concerning the validity of such a retroactive change. While it would fix the statute, such a change by the legislature could be challenged as violating the prohibition against Ex Post Facto laws.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This constitutional prohibition prevents legislatures from going back in time and making some conduct a criminal offense years after the conduct occurred, as such laws could be completely arbitrary. They are inherently unfair and unjust in most cases as you would not avoid the conduct because you would not know it was illegal.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This error shows the importance of careful proofreading when the state publishes its laws.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: kmov.com, “Typo in state law may clear some Missouri drunk drivers of charges,” May 18, 2016
</span>
</p>
</div>Drunk DrivingDivorce will affect your taxes in Missouri2016-06-08T09:12:29Z2016-06-08T09:12:29Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Any significant change in finances or living situations can affect taxes for the year. Divorce is no different. In Missouri, there are a number of ways in which a divorce will affect those taxes and alter how taxes are filed for both parties.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Those in the middle of a divorce can file as married or as married filing singly. They may even file as single. However, divorcing couples should consider the tax bracket and if filing singly or jointly will put them at the top of a certain bracket, which means paying more in taxes generally. If there seems to be tax troubles with one party, filling separately may be the best way to steer clear of those issues as one starts anew.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If there are children involved or alimony ordered, that ruling will affect taxes also. Typically, the parent who has the child the majority of the time will get the dependency credit pertaining to taxes, but some parents opt for alternating who claims the child from year to year. Alimony payments are taxable for the receiver and tax deductible for the payer, which can greatly affect the bottom line of a tax return after a divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As with all financial changes that will accompany a divorce, the outcome of taxes the first year of that divorce is something each party can benefit from understanding beforehand. Discussing issues such as how each person will file, total amount of alimony and who will claim the children is part of the process before any divorcing party files taxes in Missouri. These tax decisions can be listed in a divorce settlement.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: onwallstreet.com, “
</span>
<a href="http://www.onwallstreet.com/news/8-ways-to-make-divorce-less-taxing" target="_blank" style="display: initial;">
8 ways to make divorce less taxing
</a>
<span style="display: initial;">
“, Ingrid Case, June 6, 2016
</span>
</p>
</div>DivorceRear-end collisions: 2 cars and 4 bikes in crash on I-552016-06-04T09:15:01Z2016-06-04T09:15:01Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Whenever multiple vehicles are involved in a car accident, determining who was at fault may be challenging. In many cases, such crashes occur when traffic slows down or comes to a standstill. Rear-end collisions on Missouri roads that are caused by distracted drivers — or drivers who follow too closely — can have devastating consequences.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This may have been what caused serious injuries to several people who were involved in a multi-car crash on Interstate 55 on a recent Sunday. Authorities reported that a 40-year-old woman driver of a car stopped on the roadway. The reason is not clear, but it might have been a hold-up in traffic. A 57-year-old driver of the vehicle behind her smashed into the rear of the woman’s car.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The force of the impact sent the woman’s car into four motorcyclists that were in front of her. The driver of the car that was rear-ended, along with two other individuals suffered serious injuries, and they were airlifted to a medical facility. An 8-year-old child — who shares the last name of the driver of the rear-ended car — was transported to a hospital along with two other injured victims.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
According to the report, it appears the man who drove his car into the back of the woman’s car was the only one to walk away without injuries. In
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
rear-end collisions
</a>
<span style="display: initial;">
, it is not uncommon for the drivers who smash into the rear of others to be deemed responsible. The injured victims in this crash may want to pursue financial relief by filing personal injury claims in a Missouri civil court against the driver who rear-ended the first vehicle. However, for the court to determine financial liability, the plaintiffs will have to establish negligence. Only then will the court consider monetary judgments to cover documented claims.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kfvs12.com, “
</span>
<a href="http://www.kfvs12.com/story/32092667/4-people-seriously-injured-in-6-vehicle-accident-near-caruthersville-mo" target="_blank" style="display: initial;">
4 people seriously injured in 6 vehicle accident near Caruthersville, MO
</a>
<span style="display: initial;">
“, Joshua Murray, May 30, 2016
</span>
</p>
</div>Stopped by the police? The less you say the better2016-06-03T09:17:15Z2016-06-03T09:17:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
One of the difficulties for most people when interacting with the police is that of knowledge. If you were pulled over by the Missouri Highway Patrol during the Memorial Day weekend on suspicion of a DUI, that trooper is very likely far more experienced at their side of the interaction.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If they have been in the patrol for years, they may have participated in hundreds of traffic stops. They should understand the limits the Constitution places on their activities. They are also likely to have been schooled in how to get around those limits. You may only have a vague sense of what goes on during such an encounter and you may be stressed and fearful.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
For instance, the type and extensiveness of the search they are permitted to perform during a
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
traffic stop
</a>
<span style="display: initial;">
<span style="display: initial;">
varies. If they stop you for driving 10 miles per hour over the speed limit or for weaving in and out of your lane, in most cases they cannot simply begin a wholesale search of your person, the interior of your car or the contents of your trunk.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Typically, they have to have “reasonable suspicion” of criminal activity beyond that of speeding or a DUI to search the vehicle. However, if they have a hunch that they might find something more interesting, they may ask if they could have a look around.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
You do not have to consent to such a search. Sadly, some law enforcement officers may push the point or even lie on a police report, explaining they smelled marijuana or something else that would appear to justify their non-consensual search after the fact.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If they do find something, you may face drug or other criminal charges. If they don’t find anything, you may send you on your way with a ticket. No matter the outcome, you should always remain polite in your responses, but never say more than you must. If they do arrest you, you should immediately ask for an attorney and stop talking.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Silence is your friend and anything you do say, as the Miranda warning you have heard on TV a thousand times reminds you, can be used against you. So don’t talk and wait for your attorney.
</span>
</p>
</div>Drunk DrivingProperty division facts for Missouri divorce proceedings2016-06-02T09:19:25Z2016-06-02T09:19:25Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Anyone navigating a divorce may experience financial upheaval and a change in living circumstances. A great deal of those changes can come about as a consequence a
</span>
</span>
<a href="/family-law" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
settlement. Those in Missouri considering divorce may benefit from knowing the facts about the property division process and how it may affect their future.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
First of all, marital property must be determined, as opposed to separate property. Though there are exceptions, marital property is basically property acquired during the marriage. Inheritances and gifts received by one of the parties are typically considered separate property, even if they were acquired during the marriage. However, gifts exchanged between spouses during the marriage will likely be counted as marital property.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Debts are another matter and can play a significant role in the outcome of a property division agreement. Debts incurred during the marriage are normally subject to property division, depending on the type of debt acquired. Some of the factors that may play a role in how debt is divided may include how much each party contributed to the marital estate and possibly the age and health of each party.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Individual factors — the size of the estate, disputes over liabilities, and disagreements about marital versus separate property — can make the property division process of a Missouri divorce complicated. An experienced family law attorney can help with the entire process, including the negotiation and execution of a comprehensive settlement. With the right help, it’s possible to make informed decisions designed to achieve a fair agreement and to plan one’s financial future with accuracy and confidence.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: delawarebusinesstimes.com, “
</span>
<a href="http://www.delawarebusinesstimes.com/viewpoint-things-know-divorce-finances/" target="_blank" style="display: initial;">
Viewpoint: Things to know about divorce and finances
</a>
<span style="display: initial;">
“, Leslie B. Spoltore, May 26, 2016
</span>
</p>
</div>DivorceCollision between bus and pickup blamed on negligence2016-05-31T09:21:22Z2016-05-31T09:21:22Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
On the first day of the Spokane School District’s summer school program, several passengers on a school bus landed in a hospital. The bus they were in crashed at a busy intersection. It was reported that the accident appeared to have been the result of driver negligence. The incident occurred shortly before 7:30 a.m. on a recent Monday.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to an accident report prepared by the Missouri State Highway Patrol, the bus — carrying 14 students to summer school — was traveling along Highway A near Saddlebrook when it attempted to cross U.S. 65. The bus driver allegedly failed to yield to an oncoming pickup truck and pulled directly into its path. The collision that followed caused injuries of varying severity to the students and the driver of the pickup truck.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Reportedly,
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
serious injuries
</a>
<span style="display: initial;">
<span style="display: initial;">
were suffered by an 18-year-old girl, while two other students — ages 18 and 14 — suffered moderate injuries. Two more students were taken to the hospital for treatment of minor injuries. MSHP said other students were taken for medical evaluation by some of the parents. The 45-year-old pickup truck driver’s injuries were reported to be serious.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
The parents of the injured students along with the seriously injured driver of the pickup will be entitled to pursue financial relief by filing personal injury claims in a Missouri civil court. The bus driver, the owner of the bus and the driver’s employer may be named as defendants in such claims. However, before the court considers the entry of any monetary judgments, negligence on the part of the defendant will have to be established. Once financial liability has been formally established by appropriate proof, documented claims for out-of-pocket and non-economic losses will be adjudicated.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kspr.com, “
</span>
<a href="http://www.kspr.com/content/news/380511951.html" target="_blank" style="display: initial;">
School bus crash in Christian County seriously hurt 1 student, others less seriously
</a>
<span style="display: initial;">
“, Chris Replogle, Gene Hartley, May 23, 2016
</span>
</p>
</div>Motorcycle accidents: May is Motorcycle Awareness Month2016-05-25T09:24:17Z2016-05-25T09:24:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
During May of every year, the Missouri State Highway Patrol uses Motorcycle Awareness Month to remind road users of the importance of responsible driving. Both bikers and motorists must keep a proper lookout for each other. Typically, however, bike riders suffer more severe injuries in
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
involving cars because of the lack of protection a bike provides.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
Motorists are asked to be aware that motorcycles are not as easy to spot in rearview- or side mirrors, and a bike often goes unnoticed when it is in the driver’s blind-spot. That is often the cause of accidents in which a driver of a car changes lanes or turns while he or she is unaware of the motorcyclist nearby. Troopers also noted that motorcycle riders are allowed to — and often do — use hand signals to indicated slowing down or intention to turn, and motorists may not notice those signals if they are distracted.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Wearing an approved helmet may be the only protection for motorcycle riders. They are advised to drive with their headlights on to make them more visible. MSHP said more than 10 percent of all traffic fatalities in the state during 2015 involved motorcycles, and the number of bikers who lost their lives was as high as 92.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Even with all the effort that goes into creating awareness among Missouri road users, motorcycle accidents will still occur, and lives will be lost and/or injuries suffered. Whenever a person is injured or killed as the result of another person’s negligence — regardless of whether that person is a motorcycle rider or a vehicle operator — financial relief may be pursued by the injured or those who have lost loved ones. Personal injury or wrongful death claims, as appropriate, may be filed in a civil court. Once negligence is proved in court, a monetary judgment may be entered to cover documented claims.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kmaland.com, “
</span>
<a href="http://www.kmaland.com/news/motorcycle-awareness-month-taking-shape-in-missouri/article_a52b3050-1c50-11e6-b0b0-bfac0cbf9e8b.html" target="_blank" style="display: initial;">
Motorcycle Awareness Month taking shape in Missouri
</a>
<span style="display: initial;">
“, Brent Barnett, May 17, 2016
</span>
</p>
</div>DNA evidence, a double-edged sword2016-05-25T09:22:24Z2016-05-25T09:22:24Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Most people believe they could never be convicted of a crime they did not commit. They believe that if they were falsely accused, the “system” would discover that they were not guilty and the charges would be dismissed.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
This is the same system that produces hundreds of wrongful convictions every year, that is more interested in metrics and throughput of prosecutor’s offices and courts, and that virtually every month produces some horror story of failure, abuse and negligence. They must be very trusting, indeed.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
For instance, DNA evidence has revolutionized forensic science. When done properly, it can provide compelling evidence, both to prove guilt and to exonerate the innocent, especially with serious crimes like those involving sex or murder.
</span>
</p>
<p>
<span style="display: initial;">
But the problem with DNA evidence, like all other technology, is how it is used by humans. Fallible humans, who may be lazy, poorly trained, incompetent, or pressured by police and prosecutors to arrive at the answer they want them to arrive at. DNA evidence has been used to convict innocent individuals.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
To some, the solution is more technology. The development of automated DNA testing equipment has occurred and law enforcement is buying these machines. But because some are sold by businesses who plan to make money, the source code is secret. This means we really have no idea how accurate the system is when producing results, so it boils down to us having to trust the manufacturer, who is operating with profit in mind.
</span>
</p>
<p>
<span style="display: initial;">
Given the sorry status of many crime labs and forensic testing in general, an automated machine could be an improvement to the current system. But the source code will need to be accurate, transparent and verifiable.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Without such safeguards, we are merely exchanging one broken and flawed process for another and will continue to see more cases of bad convictions. For those who believe that could never happen to them and they, therefore, have no interest in this issue, remember, every time the wrong person is convicted of a crime, it means a guilty person has gone free.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Source: theatlantic.com, “
</span>
<a href="http://www.theatlantic.com/magazine/archive/2016/06/a-reasonable-doubt/480747/" target="_blank" style="display: initial;">
The False Promise of DNA Testing
</a>
<span style="display: initial;">
,” Matthew Shaer, June 2016
</span>
</p>
</div>Sex CrimesDivorce can impact fate of home and finances in Missouri2016-05-23T09:25:26Z2016-05-23T09:25:26Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The act of dividing assets when a marriage is dissolved can naturally involve a great deal of complications. However, one major issue during a divorce may be the fate of what is often the biggest asset owned by the parties — the family home. For those in Missouri navigating a divorce, the financial impact of what happens with the house can have a significant impact on the outcome of the divorce proceedings and what each party may have as they move forward.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
First, an accurate value needs to be assigned to the home. Three appraisals may ensure the most accurate valuation. When both names are on the mortgage, legal options must be considered. The person who wants to keep the house will have to qualify for any new mortgage debt in order to free the other person from being associated with the existing mortgage. The reduction income of both parties can impact this option.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Mortgage issues can affect whether either party is able to buy another house. The party who wants to be removed from the mortgage will want to ensure it is done before he or she moves forward with buying or renting another place. For those who find one or both can’t afford the home, selling the property so both can make a clean break may be the best option.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The decision for one party to keep a home or to sell the home will be one that is individual, depending on the circumstances and plans of both parties to the divorce. However, if both parties want different resolutions, Missouri homeowners may find that further negotiations are needed. With so much at stake, including future credit ratings, both parties should be keenly aware of the options available and what may be best for each person as both move forward.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: hmbreview.com, “
</span>
<a href="http://www.hmbreview.com/community/consider-how-divorce-can-affect-home-situation/article_c601d7f4-1df2-11e6-abfb-73db4c68a2de.html" target="_blank" style="display: initial;">
Consider how divorce can affect home situation
</a>
<span style="display: initial;">
“, Steven Hyman, May 22, 2016
</span>
</p>
</div>DivorceDrug sentences continue to be "ridiculous"2016-05-20T09:28:06Z2016-05-20T09:28:06Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There is an ongoing debate over what is a ‘proper’ sentence for drug-related offenses. No one argues that major dealers trafficking substantial amounts of Schedule I drugs should not be sentenced to long jail terms. Most are willing to agree that first time offenders, found with trivial amounts of drugs such as marijuana probably should not be sentenced to jail at all.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
But in between there are a large number of
</span>
</span>
<a href="/criminal-defense/drug-crimes" style="display: initial;">
drug cases
</a>
<span style="display: initial;">
<span style="display: initial;">
where much less is clear or easily agreed to, leading to federal judges admitting in court that a sentence may be “ridiculous,” but they, nonetheless, are forced to impose it.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Prison is expensive, in both the direct cost of maintaining the criminal justice system, from arrest to serving a sentence in a prison and the indirect costs of having millions of individuals with criminal records and limited job opportunities.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Mandatory minimums and the structure of sentencing means that a man can be sent to prison for 10 years for introducing another drug user to a meth dealer. Because the amount of meth that they were later arrested with, the man who introduced them was subject to a 10-year sentence, as a “middleman” in a drug distribution deal.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The federal judge describes the sentence as ridiculous, but that did not change its mandatory nature. The pity is that the man charged had been recovering, employed, leading AA meetings, married, and working on his GED. However, none of that matters with a mandatory minimum.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The taxpayers will be forced to house and care for this man for a decade, with the increased risk that he will fall back into old habits. Additionally, he will have a much more difficult time when he is released to find a job and build the social and educational skills to overcome the disability of 10-years in a federal prison.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Judges need to have the ability to differentiate between those who are dangerous and those who are endangered by being sent to prison.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: nbcnew.com, “
</span>
<a href="http://www.nbcnews.com/news/us-news/drug-sentencing-debate-rages-ridiculous-sentences-persist-n562386" target="_blank" style="display: initial;">
As Drug Sentencing Debate Rages, ‘Ridiculous’ Sentences Persist,”
</a>
<span style="display: initial;">
<span style="display: initial;">
Jon Schuppe, May 2, 2016,
</span>
</span>
</p>
</div>Drug ChargesLack of child support payments leads to arrest warrant2016-05-18T09:30:12Z2016-05-18T09:30:12Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
A former NFL player is being served with an arrest warrant. While players may find themselves in the news for all sorts of activities, both on and off the field, this time it is lack of
</span>
</span>
<a href="/family-law/child-support" style="display: initial;">
child support payment
</a>
<span style="display: initial;">
s that has led to Clint Session being back in the news. Missouri fans may remember that Session’s was a linebacker for both the Colts and Jaguars before leaving the league in 2011 due to concussions.
</span>
</p>
<p>
<br/>
</p>
<p>
Session has a daughter. He was ordered to pay $6,917 a month in child support back in 2015, plus he owed almost $240,000 in past support and expenses. He apparently has not paid and is now hundreds of thousands of dollars in arrears. In fact, records indicate he owes over $381,000 for support of the child.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It was noted that the child has a number of medical issues, namely brain damage and cerebral palsy. Part of the money owed is for medical expenses. The former linebacker did have an $11.5 million contract with the Jaguars before leaving the sport.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When back due support is owed and medical expenses are part of the picture, the lack of support or struggle to keep up with payments can be distressing and overwhelming for all involved. Missouri parents who find themselves in similar situations may want to pursue modifications of child support orders. If warranted due to changing or extreme circumstances, a modification can help all parties do what is necessary for the good of the child and can help ensure fairness when child support is too much or too difficult for a struggling parent.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: sportingnews.com, “
</span>
<a href="http://www.sportingnews.com/nfl/news/former-nfl-player-clint-session-child-support-court-ruling-daughter/siwb8nh492w417i3fzh15rz2h" target="_blank" style="display: initial;">
Court: Ex-NFL player Clint Session owes $382K in child support for daughter
</a>
<span style="display: initial;">
“, Steven J. Gaither, May 9, 2016
</span>
</p>
</div>Child SupportCar accidents: Wrong-way driver allegedly kills 1, injures 42016-05-16T09:32:03Z2016-05-16T09:32:03Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Regardless of how careful Missouri drivers are, chances are always good that another driver will be distracted, intoxicated or just negligent and cause injuries or the deaths of responsible drivers and their passengers. Drivers have little or no defense against those who cross over the center line. The resulting
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
often result in fatalities. One such crash recently claimed the life of a 55-year-old man.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Missouri State Highway Patrol reported that the incident occurred in Clinton County at about 6:30 on a recent Wednesday morning. Authorities say another vehicle veered across the center line and smashed into the victim’s car. His car went into a spin that landed him in the opposite lane.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The rotation put his vehicle in the path of two other cars traveling in the opposite direction. No information was provided about the driver who allegedly crossed over to cause the initial crash that killed the 55-year-old man. A woman driver occupied one of the other two vehicles that smashed into the spinning car and a man with two children were in the other car. They were all treated for minor injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Senseless car accidents such as this one can devastate the surviving family members of those who lose their lives. Financial difficulties can be experienced when end-of-life bills have to be paid, and the sudden loss of income may also cause stumbling blocks. The person deemed responsible for such a fatality can be held accountable by filing a wrongful death claim in a Missouri civil court to pursue financial relief. Negligence will have to be established before the court will consider documented claims for damages sustained.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: stjoechannel.com, “One Killed in Clinton Co. Crash”, May 11, 2016
</span>
</p>
</div>Missouri HP won't refrigerate blood samples for DUI cases2016-05-13T09:34:06Z2016-05-13T09:34:06Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The Missouri Highway Patrol recently issued instructions to its troopers indicating blood evidence, such as a blood draw from a DUI arrest, does not need to be refrigerated. This is a puzzling announcement, as there are typically concerns that blood samples held at room temperature could lead to a compromise in quality and make the evidence worthless, or worse.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
An email sent out to its troopers stated, “neither the forensic handbook nor patrol policy requires the refrigeration of a blood sample.” Blood evidence is typically refrigerated to prevent sugars in the blood from fermenting and creating ethanol, a form of alcohol. Such fermentation could alter the alcohol content of the blood, and provide a
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
false reading
</a>
<span style="display: initial;">
<span style="display: initial;">
of a suspect’s blood alcohol content (BAC).
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Missouri Department of Public Safety confirmed that this new protocol is correct and it claimed that they had a study that found that unrefrigerated blood samples did not develop increased alcohol concentrations due to fermentation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It is unclear the veracity of the claimed studies the Highway Patrol is relying on, but a publication from National Institute of Standards and Technology entitled “
</span>
<a href="http://www.nist.gov/forensics/upload/NIST-IR-7928.pdf" target="_blank" style="display: initial;">
The Biological Evidence Preservation Handbook: Best Practices for Evidence Handlers
</a>
<span style="display: initial;">
” from April 2013, notes that refrigeration of liquid blood evidence is the only recommended storage procedure.
</span>
</p>
<p>
<br/>
</p>
<p>
Why the Highway Patrol would make such a pronouncement, as seemingly opens any DUI case to questions of the quality of the evidence. DUI cases, like all criminal cases, place a high burden on the prosecution to prove guilt beyond a reasonable doubt and handling evidence in a manner that could compromise its testimonial value is puzzling.
</p>
<p>
</p>
<p>
Source: fox2now.com, “
<a href="http://fox2now.com/2016/05/09/some-question-new-way-mo-highway-patrol-gathers-drunk-driving-evidence/" target="_blank" style="display: initial;">
Some question new way MO Highway Patrol gathers drunk driving evidence
</a>
<span style="display: initial;">
,” Chris Hayes, May 9, 2016
</span>
</p>
</div>Drunk DrivingChild custody agreements in Missouri are multi-faceted2016-05-11T12:46:48Z2016-05-11T12:46:48Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A custody agreement is rarely a cut and dry issue that never needs to be revisited by either party. Child custody agreements are often negotiated as to what the details of physical custody will be and also what the details of legal custody may be. Thereafter, it is not uncommon for a child custody agreement to be modified when Missouri parents need to make changes for various reasons.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Legal custody refers to whether a parent can make certain decisions regarding the child, regardless of where that child is on a given day. For example, legal custody rights allow for a parent to have a say in matters concerning a child’s education and religion. Health care decisions are also part of legal custody rights. Physical custody refers to the time a child is physically with a parent. Joint custody is the common outcome; however that is not always the case if significant time with one parent is not best for the child.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Modifications can occur years after a child custody agreement has been settled upon. If there is a significant change in the circumstances for one or both parents, a modification may be warranted. This can typically involve a parent relocating or remarrying.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The details of any
</span>
</span>
<a href="https://www.lawmissouri.com/" target="_blank" style="display: initial;">
child custody
</a>
<span style="display: initial;">
agreement can and will impact the parents and the child greatly. When a parent in Missouri is aware of the components of a child custody agreement and what circumstances may warrant revisiting that agreement, all parties can make more informed decisions. Our website has more information about how a custody agreement works and how we can help Missouri parents address the issues.
</span>
</p>
</div>Child CustodyMock car accidents may shock teenagers into safe driving2016-05-09T12:48:26Z2016-05-09T12:48:26Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
The large number of teenagers losing their lives on Missouri roads is a huge concern for authorities. For this reason, mock
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
are often staged at high schools to teach young drivers about the responsibilities of those who get behind the wheels of cars. One such event was recently hosted by a high school in Bowling Green.
</span>
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
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Yellow caution tape kept the shocked students from the accident scene at which one car had overturned, while the other had the body of a student protruding from the shattered windshield. Screams of grief became shrieks of anger as it was grasped that a classmate had caused the crash. All this time, another student cried for help from where she was trapped in the rolled-over car.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Emergency personnel arrived at the scene, along with the Missouri State Highway Patrol, who subjected the other driver to a field sobriety test before arresting him for driving under the influence. In attendance were the local police department and representatives of the sheriff’s department, the fire department and the local hospital. Organizers of the event hoped to raise awareness of the dangers of driving while drunk or distracted.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The principal of this Missouri high school said he hoped this staged crash would instill in students the responsibilities of driving. It is also important to understand that negligent drivers can be held accountable for the losses and damages suffered by others in car accidents, including passengers in the vehicles they are driving. Civil lawsuits may be filed by injured victims or the families of deceased victims against negligent drivers, and, in a case in which the driver does not survive the crash, his or her estate may be sued.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Source: bowlinggreentimes.com, “
</span>
<a href="http://www.bowlinggreentimes.com/bghs-mock-accident-drives-message-home-to-students/" target="_blank" style="display: initial;">
BGHS mock accident drives message home to students
</a>
<span style="display: initial;">
“, May 4, 2016
</span>
</p>
</div>Fingerprint id on phone offers less 5th amendment protection2016-05-06T12:50:02Z2016-05-06T12:50:02Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Among the more powerful Constitutional protections we have is the Fifth Amendment right to refuse to incriminate ourselves. You cannot be made to testify at a criminal trial or during an investigation. If you ask for an attorney as soon as police place you in
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
custody
</a>
<span style="display: initial;">
, you essentially never have to say another word to police or prosecutors during the criminal process.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This right also encompasses providing information that would allow police to uncover additional information. You don’t have to give up passwords or assist in the decryption of personal information. So you cannot be required to provide law enforcement with a password or code because that password is something you know.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A recent case suggests that is not the case if your phone is unlocked by your fingerprint. Police had a warrant for a woman and she had an iPhone. A judge ordered her to provide her fingerprint to allow the police access to the contents of the phone.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This is allowed under existing Fifth Amendment precedent because a fingerprint is not “testimonial.” It does not say anything about anything you know. You leave them on glasses in restaurants and door handles in numerous public places.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Because they do not unlock the contents of your mind, they have been seen as being less incriminating, and courts consider them akin to a physical object, such as a key.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The problem for many is that because of the incredibly rich nature of the material contained on your phone, having access to that device is potentially far more incriminating than accessing paper records locked in a safe in your home.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: theatlantic.com, “
</span>
<a href="http://www.theatlantic.com/technology/archive/2016/05/iphone-fingerprint-search-warrant/480861/" target="_blank" style="display: initial;">
Police Can Force You to Use Your Fingerprint to Unlock Your Phone
</a>
<span style="display: initial;">
,” Kaveh Waddell, May 3, 2016
</span>
</p>
</div>FeloniesFate of the family pet can be a property division sticking point2016-05-04T12:51:37Z2016-05-04T12:51:37Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Nearly two thirds of all households have a family pet. When a divorce looms, the fate of that family pet can be a sticking point in the process. While many families in Missouri do not consider the family pet property, that pet will be dealt with as part of a
</span>
</span>
<a href="/family-law" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
decision in all likelihood. While views over how pets are seen may be changing, the law still regards them as property, and there are some tips below for those who have a pet that will part of a divorce settlement.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Anyone dealing with a pet as part of a divorce needs to have a full picture of the costs associated with that pet. This can include the money it takes to feed, walk and attend to the health needs of the pet. The reality of the expenses can make pet ownership or custody something that needs to be negotiated. Also, emotional attachment can lead to that pet being a bargaining chip of sorts.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Devising a separate or private agreement regarding sharing a pet is one trend that seems to be growing. This can entail breaking down the times each person has with the pet and outlining shared responsibilities. Additionally, the parties involved may need to work out when and how trade-offs will be made as some people may not want to have on-going contact. An intermediary who transports the pet between the parties is one idea.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Each family is different, and no one solution may work for everyone. Just as with a custody agreement, any property division agreement that involves the fate of a pet will require individual attention. Missouri couples will certainly want to discuss how much of the agreement can be handled by a legal representative and what details may need to be ironed out before anyone has a final say over what becomes of this valued member of the family.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: charlotteobserver.com, “
</span>
<a href="http://www.charlotteobserver.com/living/article75041147.html" target="_blank" style="display: initial;">
In divorce, who gets to keep the family dog?
</a>
<span style="display: initial;">
“, Ben Steverman, May 1, 2016
</span>
</p>
</div>DivorceConcern about number of car accidents involving older drivers2016-05-03T12:53:20Z2016-05-03T12:53:20Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Following the deaths of two elderly Missouri residents in their 80s in a recent car accident, the Missouri State Highway Patrol responded with concern. This tragedy was caused by an elderly driver’s failure to yield when she pulled onto the road into the path of a semi-truck. Reportedly, the number of fatalities in
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
on Missouri roads that involve drivers older than 65 has increased significantly.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Although some older drivers admit that their responses have slowed as they age, many find it difficult to give up their independence. One older driver suggested that these people must drive at lower speeds to allow them more reaction time in the event of an emergency. However, a spokesperson for the Missouri State Highway Patrol said that while it is important not to exceed the speed limit, traveling too slow may also be dangerous.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Authorities suggested that family members or even law enforcement officers who notice unsafe driving practices by an older person must try to convince them to be retested, even if a citation is necessary to achieve that. It is not only slower reactions that may endanger the lives of older drivers and other road users, but also the deterioration of hearing and sight. Although it is difficult to admit, there comes a time when older drivers must rely on cabs or family members to drive them where they need to go.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Injured victims of car accidents in Missouri may be entitled to pursue financial relief through the judicial system. Older drivers may not want to face civil lawsuits for thousands of dollars in which they are named as defendants. However, the slightest error in judgment while driving can have devastating consequences. Victims may file claims for all their financial losses, including emotional damages that were brought about by a car accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: stjoechannel.com, “Mo Traffic Deaths Rise Among Elderly”, Devin Negrete, April 25, 2016
</span>
</p>
</div>Missouri and the 'ban the box' movement2016-04-29T12:56:43Z2016-04-29T12:56:43Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
If one of the goals of the criminal justice system is to stop people convicted of a crime from doing it again, it makes sense that the system should be set up to encourage people to find jobs after paying their debt to society. But when a job application asks about your criminal record, you can bet the chances of you landing the job are slim if you have one.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
This is such a common practice that it can virtually block
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
someone with a criminal history
</a>
<span style="display: initial;">
<span style="display: initial;">
from having a career. Civil rights groups have long campaigned to “Ban the Box,” referring to the box on job applications that applicants are supposed to check if they have ever been convicted of a crime.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A handful of states and the District of Columbia have moved to block many employers from asking about job applicants about their criminal history. Missouri is not among them, but earlier this month Gov. Jay Nixon signed an executive order banning state agencies from asking about criminal records on initial applications.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Meanwhile, lawmakers in both the Missouri House and Senate have introduced legislation to “ban the box” for all employers, but neither bill is likely to get out of committee this year, according to the Columbia News Tribune. The sponsor of the House version, Rep. Randy Dunn of Kansas City, expects the effort will take years. “We want to ensure that these individuals are able to integrate back into society,” Dunn said. “And one of the best ways to do that is, of course, through employment.”
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Stopping you from getting a job is just one way having a criminal record can affect you, and why fighting for your rights after getting arrested is so important. An experienced criminal defense attorney represents your best chance of doing that.
</span>
</p>
</div>FeloniesMedical marijuana in Missouri-a legal no-man's land2016-04-29T12:54:56Z2016-04-29T12:54:56Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Medical marijuana has been a difficult issue for parents in many states. For those with children who suffer from medical conditions such as autism or seizures, there is anecdotal evidence that such children can be helped by the active ingredients in marijuana.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
States like Missouri passed laws that permit the use of cannabidiol (CBD). The CBD drugs have been decriminalized by these laws because they are low in tetrahydrocannabinol (THC), the primary chemical component of the “high” users experience when smoking or ingesting marijuana.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The problem with these laws is that they do nothing well. Because they often do not permit the growing and refining of the CBD in the state, those who want to use the drug must obtain it out of state and by transporting it, place themselves at risk of arrest for nominally violating other state or federal
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
drug laws
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
They also restrict so narrowly the amount of concentration of CBD that the dose may not be effective. They also severely limit the medical conditions for those who can take the CBD, with one state limiting it to a single disease.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In Missouri, only 37 people have registered to obtain the by March of this year, and that is limited to those with intractable epilepsy.
</span>
</p>
<p>
<span style="display: initial;">
Doctors, too, are unhappy, as the lack of formal research means many cannot prescribe CBD because their insurers would prohibit their prescribing a drug with no studies showing safe dosages or potential risks.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While law enforcement at the federal and state level has not gone after CBD parents or other users, many are uneasy, knowing that there is nothing that stops their potential prosecution. If a determined prosecutor targeted them, they could face criminal charges, the cost of a defending a criminal action and the prospect of losing their children.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Source: nbc.com, “
</span>
<a href="http://www.nbcnews.com/storyline/legal-pot/no-buzz-medical-pot-laws-prove-problematic-patients-lawmakers-n556196" target="_blank" style="display: initial;">
‘No-Buzz’ Medical Pot Laws Prove Problematic for Patients
</a>
<span style="display: initial;">
, Lawmakers,” Mike Brunker, April 23, 2016
</span>
</p>
</div>Drug ChargesProperty division isn't necessarily equal in Missouri2016-04-27T12:58:43Z2016-04-27T12:58:43Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The division of property after the dissolution of a marriage can get quite complicated even for those who do not own a significant amount of property. The property division process in Missouri is a two-step process. The first step is identifying the property eligible to be split, while the second step is determining how to split it as equitably as possible.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Property typically falls into two categories during the divorce process. Those categories are “marital property” and “non-marital property.” Any kind of non-marital property is that which was acquired before marriage. However, inheritances and gifts received during a marriage can also be declared non-marital property. Marital property is shared property obtained during the marriage.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Once property has been declared one or the other, the actual division process can take place. The assets declared marital property must have current and accurate values assigned to them. Once that is done, items can be distributed to one party or the other in an attempt at equitable division. Certain items or certain specifics of the marriage may mean more negotiations must take place, which can result in more property going to one party than the other.
</span>
</p>
<p>
<br/>
</p>
<p>
<a href="/family-law/property-division" style="display: initial;">
Property division
</a>
<span style="display: initial;">
<span style="display: initial;">
can involve a great deal of give and take, especially when it comes to personal property about which one or both parties feel strongly. Missouri residents may want to carefully consider which pieces of property they value most before negotiating a property division agreement. Our firm can help Missouri residents understand the process better and help those interested in knowing what to expect when this part of divorce negotiations begins. Our website has more information about property division in general and the importance of comprehensive legal support.
</span>
</span>
</p>
</div>Property Division2 motorcycle accidents injure 4 Missouri residents2016-04-26T13:00:52Z2016-04-26T13:00:52Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Four Missouri residents were injured in two road accidents in St. Francois County on a recent Sunday. Both incidents were
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
that, reportedly, could have been avoided. The Missouri State Highway Patrol reported that the first crash involved a single motorcycle, while the accident later that day involved two quad bikes.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Shortly after 9 a.m. on a Sunday morning, a 64-year-old Doe Run resident with a passenger was traveling north on Route B. As he entered a right turn, he allegedly failed to maintain control of the motorcycle and went down a steep embankment. Both the rider and his 65-year-old passenger suffered serious injuries, and they were both airlifted to a hospital.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
At 4 p.m. that afternoon, a 16-year-old driver of a quad bike failed to maintain his traffic lane when he was traveling north on a Goose Creek road. He reportedly veered into the southbound lane where he struck another quad bike head-on. Both riders were seriously injured, and they were taken to hospitals by emergency helicopters.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Both these motorcycle accidents were reportedly caused by riders failing to maintain proper control of their bikes, and the two injured victims of these crashes may take actions to hold them accountable for damages sustained. Personal injury claims may be filed in a Missouri civil court, and, in each case, the plaintiff will have to establish negligence before the court. This will allow the court to enter monetary judgments to cover documented claims for financial losses, such as medical expenses, and emotional damages, such as pain and suffering, that were brought about by the accidents.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: dailyjournalonline.com, “
</span>
<a href="http://dailyjournalonline.com/news/local/accidents/teen-seriously-injured-in-atv-accident/article_9dd52555-d35a-590a-a4a5-dca9dc1c5a2a.html" target="_blank" style="display: initial;">
Teen seriously injured in ATV accident
</a>
<span style="display: initial;">
“, Renee Bronaugh, April 19, 2016
</span>
</p>
</div>The application of justice may not be just2016-04-22T13:01:50Z2016-04-22T13:01:50Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The symbol of the court system is often the figure of Justice, depicted as an enrobed woman wearing a blindfold, holding scales in her hand. Justice is blind because she is supposed to dispense justice without regard to position or power. Said another way, if you do the crime, you’ll do the time.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
That is how it is supposed to be. A recent study from the Pew Charitable Trusts suggests that there is a significant variation in the types of punishment that are handed out depending on the states where you are arrested and convicted.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Missouri was found to be the 17th most punitive of the states. As the director of the study noted, it is policy that drives this variation, not the type of crimes. Many states are changing their sentencing policies, as they find the lock-everyone-up-and-throw-away-the-key policies that typified the 1990s have become unsustainable on many fronts, both in terms of cost to the state in direct monetary expenditures and the damage they do to the people incarcerated.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The consequence of convictions can be devastating. They can make it difficult or impossible to obtain housing, student loans and often a job. Because of the poor record most states have done in providing rehabilitation services or assistance once an inmate is released, many individuals have difficulty rejoining the non-incarcerated society.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Avoiding conviction in the first place is the best solution. Given the complexities of the criminal justice system and the procedure of the courts, an attorney is often necessary to help minimize the consequences of any criminal charges.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Source: columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/crime/study-finds-missouri-has-high-incarceration-rates-relative-to-crime/article_d090e858-658a-5d77-ae20-1174d84ca691.html" target="_blank" style="display: initial;">
Study finds Missouri has high incarceration rates relative to crime
</a>
<span style="display: initial;">
,” Alan Burdziak, March 26, 2016
</span>
</p>
</div>Drug ChargesChild support questions need answered in Missouri2016-04-20T13:03:20Z2016-04-20T13:03:20Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Regardless of the state of the relationship between the parents, providing for any shared children is simply the law. Child support is initiated as a means of providing the financial stability and support to ensure basic needs are met. Both parties, the paying parent and the parent receiving child support in Missouri can benefit from knowing where to turn for guidance and just how current guidelines for child support can affect their situations.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There are set guidelines in place based on factors such as income and specific needs of the child or children. While these guidelines can be a helpful starting point for parents to understand what to expect in general, those guidelines are in no way set in stone. There are many individual factors that can impact whether child support will be less or more than the current guidelines state. Some factors may include the special needs of the child, as that can make paying more necessary to ensure proper care.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
With proper legal support, each parent involved can anticipate what factors may make a case more complex compared to others. Once a skilled attorney understands a specific situation and takes into account the individual nuances, a parent may then have the necessary information to make more informed decisions. An attorney can also predict unique challenges that may cause a case to take longer or may necessitate a modification later on.
</span>
</p>
<p>
<br/>
</p>
<p>
<a href="/family-law/child-support" style="display: initial;">
Child support
</a>
<span style="display: initial;">
issues can be stressful, emotional and on-going for all involved. Reliable and current information is vital for all Missouri parents dealing with a child support case or thinking a modification to a previous child support amount is warranted. Our website has more information for parents as they navigate this area of family law and seek to understand more about child support guidelines and what factors may matter in their particular situation.
</span>
</p>
</div>Child Support3 motorcycle accidents in Columbia in 8 days2016-04-18T13:05:54Z2016-04-18T13:05:54Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
As the weather changes and we have warmer temperatures, more Missouri people take to the roads — especially with the gas prices as favorable as they are right now. With busier roads, there will naturally be more crashes, many of which will be
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accidents
</a>
<span style="display: initial;">
. Over 2,000 bike crashes occurred in Missouri last year, and authorities say fatal motorcycle crashes that have been recorded so far in 2016 have risen by 18 percent.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Reportedly, Columbia emergency workers responded to a fatal motorcycle crash on the last Monday in March when the rider smashed into the side of a Jeep. Exactly one week later, on the first Monday in April, crews had to rush to the scenes of two bike accidents that occurred only hours apart. Authorities said most motorcycle accidents can be prevented if both bikers and vehicle drivers are alert while driving.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The most common causes of motorcycle crashes are reported to be speed, alcohol, distraction, improper lane usage and crossing the center line when not passing another vehicle. These offenses are committed by operators of both bikes and passenger vehicles and lead to many fatalities on Columbia roads. Authorities also reminded drivers of vehicles to make sure they check the natural blind spot that often results in drivers changing lanes or making left turns without yielding to motorcycles of which they were unaware.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Missouri residents who have lost loved ones in motorcycle accidents that were caused by the negligence of other parties are entitled to pursue recovery of damages. With adequate evidence of negligence on the part of another person, surviving family members of deceased bike accident victims may file wrongful death claims in a civil court. Once the court has established financial liability, it may enter a monetary judgment to cover documented pecuniary and non-financial losses.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: abc17news.com, “Motorcycle crashes increase with warmer temperatures”, Lindsey Berning, April 6, 2016
</span>
</p>
</div>Is 2.5 percent a success?2016-04-14T13:07:16Z2016-04-14T13:07:16Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Earlier this month, police in Springfield and the Missouri Highway Patrol operated a sobriety checkpoint in that city for four hours on a Friday night. Friday and Saturday evening are viewed as a prime time for drivers in the state to attempt to try their luck at drinking and driving, so law enforcement often chooses those evenings as the time to set up a sobriety checkpoint.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
These checkpoints are designed to capture drivers who are intoxicated and to deter those who may be going out for the evening. This checkpoint nabbed 15 drivers on
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
charges
</a>
<span style="display: initial;">
<span style="display: initial;">
of driving while intoxicated (DWI) and another 13 on various other charges. If you look at it from a statistical percentage, it works out to about 2.5 percent of the approximately 600 drivers stopped.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Nominally, such checkpoints would be illegal as a violation of the Fourth Amendment prohibition against unreasonable search and seizure. However, the U.S. Supreme Court has allowed these checkpoints to operate because of the seriousness of the issue of drunk driving.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
They are
</span>
</span>
<a href="http://www.columbiatribune.com/blogs/extra_edition/the-cost-and-effectiveness-of-sobriety-checkpoints/article_416c4410-cfd4-5929-8dab-61c0415f8913.html" target="_blank" style="display: initial;">
expensive
</a>
<span style="display: initial;">
, as there needs to be multiple officers or troopers assigned, to direct traffic and examine drivers. these officers are unavailable for routine patrols, which often are more productive at finding potentially intoxicated drivers.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Some dismiss the checkpoints as publicity stunts, but law enforcement likes them, if for no other reason than it allows them to make suspicionless stops and, as the case was here, arrest 15 drivers on offenses that were not moving violations.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The matter of intoxicated drivers remains a problem in Missouri, but these sobriety checkpoints are intrusive, cumbersome and expensive, and do not appear to be the most effective means of preventing it.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: ktts.com, “Fifteen Drunk Drivers Arrested at Sobriety Checkpoint,” Bailey Strohl, April 10, 2016
</span>
</p>
</div>Drunk DrivingDivorce may require team approach for those in Missouri2016-04-13T13:10:02Z2016-04-13T13:10:02Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A divorce is rarely a simple and uncomplicated endeavor for anyone. It may take Missouri residents aback to realize all of the aspects of their lives that need to be considered and dealt with during a divorce aside from just simply having a dissolution of a marriage. Because of the scope of issues typically involved, the entire divorce process may require a team approach.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The financial picture for all parties involved, including the adults and children, will be ultimately affected. This means individual factors of current finances and future monetary needs will need to be explored before child support amounts are set or spousal support is pursued. During any split, a property division settlement or agreement needs to be obtained. This means all assets will need to be appraised if a fair division is to be obtained.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Financial decisions are just the tip of the iceberg for some people dealing with divorce. If there are children involved, child custody issues may be the most important aspect of a divorce. This part of a divorce can be emotional and extremely personal for some, requiring outside guidance and assistance from other legal professionals aside from a primary divorce attorney.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
A team approach can ensure the rights of everyone are respected regardless of whether the process is amicable or extremely contentious. Furthermore, Missouri residents may need an attorney with access to financial experts, forensic accountants and child custody experts. Our firm has more information online about the importance of a team approach and what such an approach may entail for those in Missouri who are dealing with
</span>
</span>
<a href="/family-law" style="display: initial;">
divorce
</a>
<span style="display: initial;">
.
</span>
</p>
</div>DivorceFatal motor vehicle accidents: 1 dead, 2 injured in fatal crash2016-04-12T13:12:09Z2016-04-12T13:12:09Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
The Bureau of Crimes Against Persons is investigating an accident in which a 26-year-old woman lost her life. This was one of the many
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
fatal motor vehicle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
that have claimed lives on Missouri Highways. This crash reportedly occurred on Highway 141 at the intersection with Burgundy on a recent Saturday afternoon.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
According to an accident report, the 26-year-old woman was driving an SUV along the highway, heading north. A southbound car attempted to turn left — likely without yielding — and ended up directly in the path of the SUV. The resulting collision caused the SUV driver and one of her passengers to be ejected.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The ejected driver suffered fatal injuries, and she died at the accident scene. The passenger who was also ejected — a 20-year-old female — was rushed to a medical facility with injuries that were reported to be critical. The second passenger in the SUV suffered no injuries. The sedan was operated by an 18-year-old man who was also hospitalized, and his condition was reported to be stable.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Whenever lives are lost in fatal motor vehicle accidents, the surviving family members of the deceased victims are entitled to pursue financial relief through the Missouri judicial system. Similarly, injured victims may seek recovery of damages. Wrongful death and/or personal injury claims may be filed in a civil court, and upon establishment of negligence on the part of another driver, the court will consider entering monetary judgments to cover documented claims. These may include financial losses, such as end-of-life or medical expenses, as well as non-economic damages, such as pain and suffering and more.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kmov.com, “
</span>
<a href="http://www.kmov.com/story/31684637/one-person-killed-two-injured-during-car-accident-on-highway-141" target="_blank" style="display: initial;">
Woman killed, others injured in Highway 141 accident
</a>
<span style="display: initial;">
“, Adam Mcdonald, April 10, 2016
</span>
</p>
</div>Fatal Motor Vehicle AccidentsIt sounds funny, until someone is charged with a sixth DWI2016-04-08T13:15:16Z2016-04-08T13:15:16Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A man in Fulton was arrested last month on suspicion of a DWI. Not that remarkable, since Missouri experiences almost 30,000 DWI arrests in a year, which works out to about 80 per day. This case warranted news coverage because the man arrested was driving a lawn mower.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
According to the report, he was driving the lawn mower “
</span>
<a href="https://www.lawmissouri.com/criminal-law/dwi/" target="_blank" style="display: initial;">
recklessly
</a>
<span style="display: initial;">
” and when police stopped him, resisted his arrest, getting into a scuffle with the police officers. This was probably not a good idea, as it added to his charges of driving while intoxicated/chronic offender, tampering with physical evidence and assaulting a law officer. They also reported this was his sixth DWI.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While this story will likely make the rounds on the internet and late night news, any DWI arrest, whether your first or sixth is very serious. The story could have turned out tragic, as a lawn mower is not designed to be driven on public roads and lacks proper lighting or reflective surfaces. Had a car or truck came upon him and not seen him in time, he likely would have been severely injured or killed.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Penalties for multiple DWI convictions become progressively more
</span>
</span>
<a href="http://dui.drivinglaws.org/missouri.php" target="_blank" style="display: initial;">
severe
</a>
<span style="display: initial;">
. He will likely face another 10 years of license suspension, and could be fined up to $5,000 and he could be sentenced to 4 years in jail.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The report does not indicate the details of his prior DWIs, but multiple DWIs may suggest a substance abuse problem that could be better dealt with by a treatment program and not with jail.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
No matter how any criminal charge involving drugs or alcohol and a motor vehicle occurs, no DWI is a joke.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Source: columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/crime/man-arrested-on-suspicion-of-dwi-after-driving-lawnmower-recklessly/article_11f2bce3-a417-56b8-a1a8-af95a11d4181.html" target="_blank" style="display: initial;">
Man arrested on suspicion of DWI after driving lawnmower recklessly around Fulton
</a>
<span style="display: initial;">
,” staff, March 29, 2016
</span>
</p>
</div>Drunk DrivingMotorcycle accidents: Patriotic Guard rider dies in crash2016-04-07T13:16:21Z2016-04-07T13:16:21Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
A group of motorcycle riders in Missouri — known as the Patriot Guard Riders — volunteers to honor fallen service members by escorting the funeral processions. Sadly, one of the riders in an honorary escort was killed while riding in formation at the funeral of a fellow service member. While all fatal
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
are tragic, this one seems more heartbreaking than others.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to a report form the St. Louis County Police Department, the 64-year-old member of the Patriotic Guard Riders was riding at the rear of a procession when he was struck by another vehicle. It was alleged that the driver of a minivan failed to yield for the funeral procession as it was moving through an intersection. After he had smashed into the motorcycle, the driver of the minivan continued and struck another vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The motorcyclist was immediately rushed to a medical facility but succumbed to his injuries at the hospital. Under Missouri law, a funeral procession has the right of way once it has entered an intersection. The accident is being reconstructed as part of the investigation, and charges may follow.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When lives are lost in motorcycle accidents that were caused by the negligent actions of other parties, the surviving family members of deceased riders may pursue financial relief through the Missouri judicial system. A wrongful death claim may be filed in a civil court, and, once negligence is established, the court will consider entering a monetary judgment. Documented claims for financial losses, such as end-of-life expenses and loss of income, along with emotional damages, may be presented for the court’s consideration.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: fox2now.com, “
</span>
<a href="http://fox2now.com/2016/03/28/motorcyclist-in-funeral-procession-struck-dies-at-hospital/" target="_blank" style="display: initial;">
Patriot Guard motorcyclist in funeral procession struck, dies at hospital
</a>
<span style="display: initial;">
“, Alex Fees, March 28, 2016
</span>
</p>
</div>Hiding money and assets during divorce leads to jail time for man2016-04-06T13:17:22Z2016-04-06T13:17:22Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A man has just been sentenced to prison for his actions as his divorce unfolded. The man was convicted for hiding money and assets outside of the country after filing for divorce. In Missouri, courts pay careful attention to how assets are dealt with, and there are very specific laws as to what property is to be split. Just as in this case, hiding of assets during a divorce can lead to serious consequences.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The 67-year-old man in this case has been sentenced to serve four years in prison. The actions are being reported as a means of defrauding his wife of the funds and assets. The man has apparently lied in court proceedings for four years. Despite the circumstances, his wife supported him in court and stepped forward to say she is not a victim of his actions.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
According to the reports, he filed for divorce in 2007 and then went to Central America. He opened a bank account and deposited $350,000 in cash and 1,000 ounces of gold. He then created a false corporation and deposited $4.6 million into an account for that false business. He claims he was unable to convert that particular investment into cash for some time.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
When a divorce is filed in Missouri, marital funds and assets are often evaluated and assigned a monetary value before assets are to be split. If there is suspicion of assets or funds being hidden or purposely left out of a settlement, outside experts such as forensic accountants can work to find those assets. The hiding of assets can derail and prolong the divorce process for all parties or lead to criminal action, as was the case for this man who hid money and assets out of the country.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: adn.com, “
</span>
<a href="https://www.adn.com/article/20160404/anchorage-surgeon-gets-4-years-hiding-millions-divorce-court" target="_blank" style="display: initial;">
Anchorage surgeon gets 4 years for hiding millions from divorce court
</a>
<span style="display: initial;">
“, Jerzy Shedlock, April 4, 2016
</span>
</p>
</div>DivorceOn the Supreme Court, no one for the defense2016-04-01T13:17:27Z2016-04-01T13:17:27Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Half a century has passed since the last Supreme Court justice who had experience as a defense attorney was named to the court in 1967. Justice Marshall remained on the court until 1991. He had tried numerous cases as a criminal defense attorney and had experienced the harshest aspects of last century’s justice system as it played out on his clients.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The court currently has two former prosecutors and the lack of a perspective from the defense side during the last 25 years has had consequences.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
It does not come from “active” bias, but instead from the subtle shift of seeing yourself working for law enforcement, as prosecutors may. This is opposed to the defense perspective of law enforcement as a sometimes indifferent and occasionally malevolent force.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Given the number of cases involving criminal issues that arrive at the Court and the Court’s work interpreting the Fourth, Fifth, Sixth and Eighth Amendments, that perspective would be helpful. It could ensure that the defense perspective is not ignored or drowned out in the more esoteric academic arguments of justices for whom criminal cases present an abstract question.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
People naturally bring their experience to the bench, and this remains true of Supreme Court justices. Some argue that Justice Alioto is more sympathetic to law enforcement because he worked in a very professional police environment, with the FBI as his police force, and inputs this professionalism to all of law enforcement, whether or not it is justified.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Chief Justice Warren, during whose the court authored many of the leading decisions that are seen as protecting the rights of the accused, was informed by his
</span>
</span>
<a href="http://repository.law.umich.edu/cgi/viewcontent.cgi?article=1261&context=articles" target="_blank" style="display: initial;">
experience
</a>
<span style="display: initial;">
working with county sheriffs in the 1920s in California and that led him to be aware of the strong potential for misconduct that was often employed to obtain convictions.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Source: vox.com, “
</span>
<a href="http://www.vox.com/2016/3/28/11306422/supreme-court-prosecutors-career" target="_blank" style="display: initial;">
There hasn’t been a criminal defense lawyer on the Supreme Court in 25 years. That’s a problem.
</a>
<span style="display: initial;">
” Dara Lind, March 28, 2016
</span>
</p>
</div>Drug ChargesMissouri residents need to discuss mortgage during divorce2016-03-29T13:20:27Z2016-03-29T13:20:27Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Of all of the decisions that need to be made during a divorce, the fate of the marital home and mortgage may be one of the biggest. Missouri homeowners may have a difficult time deciding what to do with their home during a divorce. Knowing all of the possible options may help those in the midst of a divorce decide what the best plan may be as
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
decisions are underway.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One of the most common and simplest options is to sell the home and split the equity. This obviously works best if there is equity to split and both can walk away from the home with money in their pockets. Another option may be for one party to keep the home. To avoid financial ruin or disputes with the other party, the person keeping the house should refinance the mortgage to have the mortgage in just that person’s name. A missed payment or other issues can affect the credit and finances of the person who gave up the home if his or her name is still on the mortgage.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There are other unconventional means of dealing with the house if selling is not an option or if one of the individuals does not want to keep it. Renting the house and putting off a selling decision is one option; however, each party will still have to deal with each other if the house stays in both names. An even more unconventional option that may possibly work for some is for both parties to stay in the home for a while. For some, this option can work and equity can build in the house.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When a person goes through a divorce in Missouri, the fate of the house can play a major role in the finances for the future and how a property division agreement moves forward. The nature of the divorce, value of the home and status of other property and assets could determine what the best option may be. A legal support team can thoroughly examine each unique situation and help Missouri residents move forward with their best interests in mind.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: time.com, “
</span>
<a href="http://time.com/money/4274952/mortgage-in-a-divorce/" target="_blank" style="display: initial;">
What Happens to Your Mortgage in a Divorce
</a>
<span style="display: initial;">
“, Ashley Eneriz, March 29, 2016
</span>
</p>
</div>DivorceCross-over accident causes serious injuries to Missouri driver2016-03-27T13:20:29Z2016-03-27T13:20:29Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Traffic on State Highway 177 was delayed for over an hour in Cape Girardeau County on a recent Wednesday morning when a serious accident caused traffic to be reduced to one lane only. According to an accident report, the Missouri State Highway Patrol said a collision occurred shortly after 6 a.m. One person suffered serious injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The report notes that a 30-year-old driver from a neighboring state was eastbound on the highway in a pickup truck. For reasons not reported, he apparently crossed into the lanes of westbound traffic. The truck smashed head-on into a van that was operated by a 33-year-old man from Jackson.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Both drivers were rushed to the hospital by ambulance. Authorities said the pickup truck driver was wearing a seat belt at the time of the crash, and he reportedly suffered only minor injuries. However, the driver of the van did not wear his seat belt, and his injuries were reported to be serious. There is no mention of any charges filed against the driver who crossed over the center line.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The Missouri driver who suffered serious injuries in this crash will be facing unanticipated medical and other expenses while likely also having to cope with the pain and suffering of the injuries. Financial relief may be pursued by filing a personal injury claim in a civil court. Once financial liability is established by appropriate proof of
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
negligence
</a>
<span style="display: initial;">
, documented claims for financial and emotional damages will be considered by the court for inclusion in a monetary judgment.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kfvs12.com, “
</span>
<a href="http://www.kfvs12.com/story/31544644/injury-crash-backing-up-traffic-in-cape-girardeau-county" target="_blank" style="display: initial;">
UPDATE: 2 hurt in Hwy. 177 crash in Cape Girardeau Co.
</a>
<span style="display: initial;">
“, Christi Reynard, March 23, 2016
</span>
</p>
</div>You have the right to remain silent. Use it.2016-03-25T13:20:31Z2016-03-25T13:20:31Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
An odd feature concerning the courts. They are responsible for the administration of justice. But that “justice” may be limited. They are as much about the incarceration of individuals and assisting law enforcement in that task.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
For instance, the Missouri Court of Appeals has reversed a trial court’s ruling on the suppression of statements made by a man accused of murder. He claims his wife shot and wounded him during an argument and he shot her in self-defense, killing her. When police arrived, they asked him to sign a consent form that would allow them to search the home. He told them: “I ain’t signing s— without my attorney.”
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
They later questioned him after his arrest without an attorney being present and his attorney moved to suppress that interview, claiming he had invoked his Fifth Amendment right to silence. When an accused states they do not want to speak to the police and want an attorney, it is supposed to stop all further questioning until the individual’s attorney is present.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But, and this is a large but, the courts have often stated the demand must be clear and unambiguous. Here, the court of appeals disagreed with the lower court and found that the statement was not unambiguous.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
So the teaching lesson from this case reinforces that if you are arrested or even being questioned about a
</span>
</span>
<a href="/criminal-defense/expungement" style="display: initial;">
serious crime
</a>
<span style="display: initial;">
, you must immediately, and politely, insist that you will answer no further questions and you want an attorney.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The politely part is useful, as the police are very good at inflating any amount of belligerence into disruptive conduct, potentially generating yet another criminal charge.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Law enforcement preys on the ignorance of many arrested as to their rights, and because the details can be confusing, just remember, ask for an attorney and inform the police unambiguously that you invoke your Fifth Amendment right to remain silent.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Source: joblinglobe.com, “
</span>
<a href="http://www.joplinglobe.com/news/local_news/appeals-court-overrules-suppression-of-statements-in-lawrence-county-murder/article_a7b6bcce-b611-5eaa-923d-aefe0f896a08.html" target="_blank" style="display: initial;">
Appeals court overrules suppression of statements in Lawrence County murder case
</a>
<span style="display: initial;">
,” Jeff Lehr, March 16, 2016
</span>
</p>
</div>FeloniesChild custody can entail both physical and legal custody2016-03-22T13:20:33Z2016-03-22T13:20:33Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Custody is about much more than where a child sleeps at night, although that is an important part of it. For many parents in Missouri, there are complicated dynamics involved and decisions that cannot be foreseen at the time a child custody decision is finalized. Most child custody agreements and decisions will ultimately address issues pertaining to both physical custody and legal custody; therefore, it is important to understand the difference between the two.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Legal custody centers on what is referred to as decision-making powers. Parents will need to plan and agree on issues related to education and health care. Regardless of the time a child spends with a parent, if a parent has legal custody rights, that parent has a say in where a child is treated medically and by whom. Furthermore, schooling and education decisions as well as religious teachings and beliefs can also be addressed in a legal custody agreement.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Physical custody relates to the physical presence of the child with each parent. While joint custody often infers parents get equal time with a child, this approach is rarely applicable in real life. Therefore, physical custody or joint custody agreements must be customized for the needs of individual families.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<a href="/family-law/child-custody" style="display: initial;">
Child custody
</a>
<span style="display: initial;">
agreements can be a major part of any family law matter, particularly during a divorce. Once Missouri parents come to a child custody agreement, each parent can have individual aspects of the agreement re-examined if necessary. This can be done through a modification as life changes warrant. Legal support can ensure each parent fully explores the rights and legal responsibilities associated with all aspects of a child custody agreement now and in the future.
</span>
</p>
</div>Child CustodyMissouri crash causes serious injuries to 1, kills 32016-03-21T13:20:34Z2016-03-21T13:20:34Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Travelers on Missouri roads in Ralls County might have been delayed on a recent Wednesday night when Highway 19 was closed for several hours. This closure followed a crash that caused
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
serious injuries
</a>
<span style="display: initial;">
<span style="display: initial;">
that ultimately led to the deaths of three people. Crash reconstructionists are continuing the investigation.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A preliminary report by the Missouri State Highway Patrol indicates that a 33-year-old Belle resident was driving a pickup truck along Highway 19 when he crossed into the opposing lanes of traffic. In doing so, he reportedly struck an SUV that was operated by a 43-year-old man from another state. Two passengers in the SUV, ages 68 and 44, were killed in the collision.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Officers reported that seatbelts properly restrained the occupants of both vehicles. However, in this crash, they failed to save the lives of three people. Along with the two SUV passengers, the pickup truck driver who purportedly caused the accident was also killed. All victims were declared dead at the accident scene. The SUV driver was the sole survivor, and he was airlifted to a medical facility with serious injuries.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The surviving family members of the two SUV passengers who lost their lives in this car accident are entitled to pursue financial relief through the Missouri judicial system. Similarly, the driver who suffered serious injuries may seek recovery of damages. Wrongful death and personal injury claims can be filed against the estate of the deceased pickup truck driver. Once negligence is established before the court, monetary judgments may be considered to cover documented losses such as end-of-life expenses, medical costs and other pecuniary damages along with emotional damages sustained.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: hannibal.net, “Three men dead after head-on crash near Center, Mo.”, March 17, 2016
</span>
</p>
</div>Have you ever been really angry?2016-03-18T13:20:50Z2016-03-18T13:20:50Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
People use stereotypes because they are easy. When it comes to crime and the criminal justice system, many people in Columbia probably use some stereotypes when it comes to thinking about who causes crime in the city. Of course, it is criminals.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The reality is that it may be easier than most believe to become entangled with the Columbia Police Department and be arrested. Whether you are a day laborer, doctor, a professor at the university, there is always the risk when you drink any type of alcohol.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
You could lose track of the number of drinks you may have consumed and while operating a motor vehicle end up involved in an accident, or simply be pulled over on suspicion of drunk driving.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Operating a motor vehicle also brings with it the possibility of being involved in a road rage incident that could lead to very
</span>
</span>
<a href="/criminal-defense/expungement" style="display: initial;">
serious criminal charges
</a>
<span style="display: initial;">
<span style="display: initial;">
should the situation get out of hand and a deadly crash or other altercation ensue.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
If you are quick to anger, there are many possibilities for felony charges, should you become involved in an argument or fight that turns serious, with knives, guns or other weapons present.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There are “crimes of passion,” which may result in serious felonies, should someone wind up being severely injured or killed. A woman in Columbia is now facing two felony charges after allegedly stabbing another woman she discovered with her “romantic partner.”
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While we all like to believe we are “good people,” and that such an incident could never occur, people are unpredictable and the line between a so-called good person and someone looking at a felony charge can sometimes be very thindeed.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/crime/jealous-rage-suspected-as-assault-motive/article_40a6ce63-e5bc-5449-b77f-6e90806b7761.html" target="_blank" style="display: initial;">
Jealous rage suspected as assault motive
</a>
<span style="display: initial;">
,” March 1, 2016
</span>
</p>
</div>FeloniesUnderstanding financial changes as part of a divorce2016-03-16T13:20:52Z2016-03-16T13:20:52Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The impact a divorce can have on finances is very real. In fact, there is no way to go through a divorce without addressing the economic impact on both parties. Missouri residents can get a clear picture of those economic changes by knowing just how a divorce will affect their bottom line after the split is finalized.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The reality is many former couples are going from what is typically a two-income situation to a one-income household. If one person handled the bulk of the budget or financial decision making, the other person may have no idea what a post-divorce budget or lifestyle may actually look like. While a reduction in spending seems the logical solution, both parties need to know down to the dollar what they will be working with after the divorce. This can affect lifestyle, housing decisions and the outcome of
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
settlements, and this is why it important to have a clear post-divorce budget.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The bottom line of a checking account or the exact amount left after splitting assets is not the end all and be all to how divorce will impact finances. Taxes play a role. Alimony is affected by taxes as the paying spouse receives a tax deduction. Liquidating assets can impact taxes also. Knowing how taxes will be affected before making a big decision may be best.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The transition of divorce and the role it has on finances can influence every aspect of a divorce, including whether to keep a house, what job opportunities to pursue and what quality of life may be expected. Other financial aspects of a divorce may not be so easily predictable or foreseeable. However, Missouri couples can get information about the tax implications and predict an approximate budget in order to move forward without any confusion or misconceptions.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: nj.com, “
</span>
<a href="http://www.nj.com/times-opinion/index.ssf/2016/03/financial_mistakes_to_avoid_in.html" target="_blank" style="display: initial;">
Financial mistakes to avoid in divorce
</a>
<span style="display: initial;">
“, Kurt Rossi, March 13, 2016
</span>
</p>
</div>DivorcePedestrian accidents: Bus strikes and kills Columbia pedestrian2016-03-14T13:20:54Z2016-03-14T13:20:54Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Pedestrians in Missouri typically expect to be safe when they cross busy roads in marked crosswalks. Unfortunately, not all drivers keep a lookout for pedestrians when they go through busy intersections. Such negligence can lead to
</span>
</span>
<a href="/personal-injury/pedestrian-accidents" style="display: initial;">
pedestrian accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
with catastrophic injuries or even fatalities.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A fatal pedestrian accident occurred near the campus of the University of Missouri on a recent Monday morning. A spokesperson for the Columbia Police Department said a bus that was operated by a 22-year-old driver made a left turn on a yellow left turn yield signal. However, he failed to see a 66-year-old pedestrian in the crosswalk.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
After being struck by the bus, the seriously injured pedestrian was transported to a hospital, but he succumbed to injuries after being admitted. The city reported that the bus driver — a temporary staff member — was placed on unpaid leave following the accident. The accident investigation is reportedly ongoing and will also involve the reconstruction of the incident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Losing loved ones so unexpectedly in pedestrian accidents are naturally traumatic and emotional experiences. This can only be worsened by the financial challenges typically associated with end-of-life arrangements and the sudden loss of income. Fortunately, financial relief may be pursued by filing a wrongful death claim in a Missouri civil court. In this case, once liability is established by adequate evidence of negligence on the part of the bus driver, the court will consider entering a monetary judgment to cover documented pecuniary and non-financial damages sustained. Along with the mentioned financial losses, claims may include emotional losses, such as the loss of companionship.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kbia.org, “
</span>
<a href="http://kbia.org/post/man-killed-columbia-city-bus-accident" target="_blank" style="display: initial;">
Man Killed in Columbia City Bus Accident
</a>
<span style="display: initial;">
“, Patrick Comerford, March 8, 2016
</span>
</p>
</div>Pedestrian AccidentsScientific fact or one person's opinion?2016-03-11T13:40:34Z2016-03-11T13:40:34Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Criminal courts have to deal with the use of scientific evidence all of the time. Numerous tests are employed. A breath test used to assert a DUI charge, a drug test designed to identify potential illegal drugs or a test that claims a hair follicle or tire tracks are connected to the accused.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In a disturbing circumstance of “That’s how it’s always been done,” experts were permitted to testify that marks on a gun casing match those of a gun in the possession of a suspect, based on little more than their own asserted expertise.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This is because there is very little genuine science underlying many of these tests or assertions. While a properly performed drug test should be able to identify the chemical composition of substance and determine it the white powdered is cocaine, there is much less scientific support for claims made regarding many other “scientific” tests, which often are little better than educated guesses.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
For some tests, there are real problems in developing a statistically rigorous method of identifying items as common as fingerprints and ballistic markings. Some evidence may be unusable and inadmissible, such as bite marks, which one state commission on the use of evidence in
</span>
</span>
<a href="/criminal-defense/expungement" style="display: initial;">
criminal cases
</a>
<span style="display: initial;">
<span style="display: initial;">
has found so problematic, that it has recommended that its use should be prohibited.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This may be the only solution to prevent this questionable material from unfairly influencing juries. Opinion evidence that masquerades as “scientific fact” can receive far more weight from a jury that it is entitled to, and jury instructions may not be adequate to counterbalance this improper valuation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Evidence that is afforded the title scientific needs to comport with the minimum standards of science. Otherwise, it may be little more than one person’s opinion.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: sciencemag.org, “
</span>
<a href="http://www.sciencemag.org/news/2016/03/reversing-legacy-junk-science-courtroom" target="_blank" style="display: initial;">
Reversing the legacy of junk science in the courtroom
</a>
<span style="display: initial;">
,” Kelly Servick, March 7, 2016
</span>
</p>
</div>FeloniesOptions for dealing with family business during divorce2016-03-09T13:40:36Z2016-03-09T13:40:36Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The divorce process entails the split of virtually everything a couple had built together. While some assets or property may be easy to split as a divorce unfolds, other shared or marital property can be more difficult to divide. If a Missouri family’s business is on the line, those involved in a divorce have a number of options for how that business will fare after the divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
One common option is to split the business just as other assets are split. One spouse can buy out the other’s share just as what they might do with the house. This would require an appraiser to assign a current value to the business. Instead of putting down an exact dollar amount to buy out a share, an exchange of like-valued property can be a fair avenue to split the business.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Another common fate when business owners divorce is to sell the business. An appraiser will also need to be involved for this option. Selling the business and splitting the profits can be a straight-forward and equitable approach. A less popular option, but one that might work for some, is for both parties to continue to own the business together.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The fate of a family business can be distressing when it comes to divorce because many businesses take years to build and may be worth a great deal financially. Missouri business owners in the midst of divorce may be unaware of all of the options and what option may be best for them. As with any division of property, a full and current evaluation of the worth and an understanding of how the fate of a business may impact future finances can help each party make a decision that is in his or her best interest.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: forbes.com, “
</span>
<a href="http://www.forbes.com/sites/lawrencelight/2016/03/07/when-2-business-owners-divorce-what-to-do/#8f0f7a64c009" target="_blank" style="display: initial;">
How To Handle Divorce In A Family Business
</a>
<span style="display: initial;">
“, Lora Murphy, March 7, 2016
</span>
</p>
</div>DivorceFatal motor vehicle accidents: Wrong-way crash kills 1, injures 12016-03-09T13:40:35Z2016-03-09T13:40:35Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Missouri drivers may have experienced delays on northbound Interstate 29 on a recent Thursday morning. The road closure followed a crash that occurred earlier. As is common when
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
fatal motor vehicle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
occur, traffic was delayed while the scene of the accident was being investigated. Northbound lanes reopened later.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to a report by the Kansas City police, the accident occurred near 64th Street. Officers said a vehicle operated by a driver who was southbound in the northbound lanes hit two other vehicles. One car was struck head-on after another was side-swiped. Reportedly, several fender benders followed the primary accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The driver who was traveling in the wrong direction apparently died in the crash. A woman who was in the car that was struck head-on reportedly suffered serious injuries, and she was hospitalized. Police said none of the occupants of multiple other vehicles that were involved suffered any injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Whenever fatal motor vehicle accidents are caused by the negligent actions of drivers, the families of those who lost their lives are entitled to seek full and fair financial accountability from the party or parties believed responsible. Financial relief may be pursued by filing wrongful death claims in a Missouri civil court. If the person deemed responsible does not survive the accident, claims can be filed against his or her estate. Once sufficient evidence of negligence proves financial liability, the court will consider a monetary judgment for documented financial and emotional losses sustained. These may include medical expenses and/or costs related to end-of-life arrangements, lost income and other financial losses, along with non-economical damages as provided by applicable law.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kshb.com, “
</span>
<a href="http://www.kshb.com/news/local-news/one-dead-one-in-serious-condition-after-wrong-way-crash-on-i-29-nb" target="_blank" style="display: initial;">
One dead, one in serious condition after wrong-way crash on I-29 NB
</a>
<span style="display: initial;">
“, March 3, 2016
</span>
</p>
</div>Fatal Motor Vehicle AccidentsJudge in DWI manslaughter case rescues self2016-03-05T13:40:37Z2016-03-05T13:40:37Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The criminal case involving a Columbia woman who was convicted of manslaughter in a wrong-way crash on Interstate 70 in 2012 will receive a new judge after the judge who presided over the original trial voluntarily recused himself.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The woman was convicted of
</span>
</span>
<a href="/criminal-defense/murder-and-manslaughter" style="display: initial;">
first-degree manslaughter
</a>
<span style="display: initial;">
<span style="display: initial;">
in the death of another driver whom she struck. The Missouri State Highway Patrol produced evidence at trial that she had a 0.085 blood-alcohol content at the time of the crash.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Her defense attorneys were able to overturn the conviction based on improper jury instructions. Her attorneys argued that mishandling of the blood evidence by the Highway Patrol meant the alcohol measurements were potentially flawed.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
They also highlighted that the woman’s condition at the time of the accident was consistent with the use of a date-rape drug. Because she was seriously injured in the crash, her own memory of the events of that night was compromised.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The judge noted he recused himself to ensure that there was there was no appearance of partiality in the new trial. The woman’s attorney had moved for recusal, but the judge voluntarily took himself off the case before considering the motion.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In a highly-charged case such as this, this makes sense. Judges are human and expecting a judge who was admonished by the appeals court to rehear this matter with absolute impartiality is expecting a great deal. A new judge will be named and they will also consider a change in venue, given the strong opinions that may have developed in Columbia over the matter.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
At the time of the crash, she was found with no underwear or pants, with bruises on her legs that were consistent with rape and with mishandled blood that could have inflated the appearance of intoxication. All these elements could create sufficient doubt in the minds of the jury to undercut a guilty verdict.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: Columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/crime/judge-recuses-himself-from-manslaughter-retrial/article_fcc8ac94-9d77-54f0-874c-1246dcb60d92.html" target="_blank" style="display: initial;">
Judge recuses himself from manslaughter retrial
</a>
<span style="display: initial;">
,” ALAN BURDZIAK, March 2, 2016
</span>
</p>
</div>Drunk DrivingMissouri parents may weigh in on child support issues2016-03-03T13:40:39Z2016-03-03T13:40:39Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Child support guidelines provide a baseline for parents to gauge what they may owe or expect to receive. While certain factors in any family may impact the exact amount of child support a parent will owe, the guidelines are clearly set. However Missouri parents may be interested to learn that the courts may soon tackle child support issues related to the current guidelines, and public input is encouraged.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Lawmakers and others, including the Family Court Committee of the Missouri Supreme Court, recently announced that the public will have a chance to speak openly about the guidelines in place and any contemplated revisions. So far, hearings are scheduled in the following locations: Benton, Clayton, Independence, Columbia and Springfield. Comments regarding the
</span>
</span>
<a href="/family-law/child-support" style="display: initial;">
child support guidelines
</a>
<span style="display: initial;">
<span style="display: initial;">
can also be sent by mail.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Lawmakers have been debating the role of fathers in child custody and support matters. The focus is on the guidelines, the assumptions typically made and the methodology of how child support works in Missouri. One suggestion is to give fathers a greater say when it comes to child custody disputes in general.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The encouragement for public comment may prove useful to Missouri parents who are confronting these issues or will soon face child support proceedings in court. For parents who currently pay, the guidelines likely played a significant role in the amount ordered, and any change in those guidelines may also affect those parents. Legal support is certainly advised as any parent faces child support payments or feels a change to the payment amount is warranted by means of a court-ordered modification.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kfvs12.com, “
</span>
<a href="http://www.kfvs12.com/story/31276308/mo-supreme-court-wants-public-input-on-child-support-guidelines" target="_blank" style="display: initial;">
MO Supreme Court wants public input on child support guidelines
</a>
<span style="display: initial;">
“, Brian Heisserer, Feb. 21, 2016
</span>
</p>
</div>Child SupportTruck accidents: Big rig smashes into bus, 2 seriously injured2016-03-02T13:40:40Z2016-03-02T13:40:40Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Developing mechanical problems or flat tires while traveling on a Missouri highway can lead to serious accidents. However, when large vehicles such as tractor trailers are involved, the consequences can be devastating. Because of the sheer weight and size of these vehicles, victims of
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
truck accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
often suffer catastrophic injuries — or worse.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One such accident occurred on Interstate 70 on a recent Monday morning. According to an accident report, the driver of a small bus with nine passengers pulled onto the side of the roadway when he realized that the bus had a flat tire. A tractor-trailer driver failed to stay in one lane and veered across the highway, smashing into the side of the bus. The impact apparently pushed the bus down an embankment.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Some of the occupants managed to exit the bus, but two passengers had to be cut out of the wreck. Those two individuals suffered serious injuries. All 10 occupants were transported to a hospital for evaluation and treatment where necessary. The driver of the truck was uninjured; he claimed to have choked on a piece of gum and reached for water when he lost control of the truck. He received a citation for imprudent and careless driving.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Although any injured victims of Missouri truck accidents retain the right to pursue financial relief by filing personal injury claims in a civil court, negligence will have to be established before the court will consider entering monetary judgments. In this case, the information gathered by accident investigators will likely help. Authorities said investigators will examine the information stored on the event data recorder of the truck. From there, information related to vehicle speed and the actions of the driver can be analyzed and may constitute sufficient proof of negligence.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kansascity.com, “
</span>
<a href="http://www.kansascity.com/news/local/article61750067.html" target="_blank" style="display: initial;">
Two seriously hurt after tractor-trailer sideswipes tour bus in Blue Springs
</a>
<span style="display: initial;">
“, Brian Burnes, Feb. 22, 2016
</span>
</p>
</div>Truck AccidentsA better solution for DUI?2016-02-27T13:40:41Z2016-02-27T13:40:41Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
One reason the criminal justice system often fails to adequately address an issue is that it is often called upon to deal with complex human behavior with a simple, often meaning cheap, solution.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Look at the issues of DUI highlights many of these problems. Some people may be charged with a DUI after they have one drink too many at a local bar or restaurant. The threat of a criminal sentence may be enough to alter their behavior to avoid any further charges. For others who suffer from a substance abuse problem, being convicted and sentenced to jail in Missouri is unlikely to significantly affect their behavior.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
They likely will exit prison or jail with their substance abuse untreated and quickly return to the same behavioral patterns that led to their previous arrest. A study published in the medical journal The Lancet Psychiatry found that close monitoring of those with alcohol-linked crimes led to fewer deaths.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The program called 24/7 Sobriety appears to have produced a reduction in the number of alcohol-related deaths. Because participants were required to wear alcohol-sensing bracelets or take twice-per-day breath tests, it forced them to eliminate their alcohol consumption, and led to fewer drunk-driving deaths or other alcohol-related violence.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This is a complex program and providing this level of supervision is demanding and expensive. But an earlier study of this program found that it reduced drunk driving arrests at the county level by 12 percent.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This is much more effective at actually working a real change in the lives of those with substance abuse problem than the traditional law enforcement response of merely locking people up or creating longer sentences.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Source; ktbs.com, “Frequent monitoring may keep alcohol offenders sober,” HealthDay News, February 11, 2016
</span>
</p>
</div>Drunk DrivingMany questions need answered before property division occurs2016-02-24T13:40:42Z2016-02-24T13:40:42Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The business of dividing the property and assets amassed during a marriage can be extremely complex. There are many questions that need to be answered before the property division process can unfold for Missouri residents. While most expect an equal split, the realities of individual marriages and divorce agreements show that the thought of equal division may only be the starting point.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
One important distinction must be made before anything else can be done. Property must be categorized as marital or non-marital property. Some examples of non-marital property are assets acquired before the marriage, including an inheritance or gift. Ensuring property is put in the correct category is vital for the protection of both parties.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Once property is categorized correctly and marital property is all that is on the table, deeper questions may arise. One sticking point may be the fate of the marital home and whether it is in best interest of either party to keep it. Pensions and debts also need to be considered. It might be debatable whether giving up some physical property in order to access a portion of retirement accounts in the future is beneficial considering both spouses’ current and prospective future financial situations.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The best interest of a Missouri resident navigating divorce may be difficult to assess until all options are on the table and clearly understood by all parties. With legal support, anyone facing property division matters may confidently move forward with expectations of a fair outcome. Our website has more information about
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
in general and answers to questions those going through divorce may have concerning the manner.
</span>
</span>
</p>
</div>Property DivisionCar accidents: Teenage passenger seriously injured on Highway 52016-02-23T13:40:44Z2016-02-23T13:40:44Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Many injuries and deaths on Missouri roads are caused by drivers who fail to yield before joining the traffic on busy highways. It only takes a moment to check for oncoming traffic, and it also takes only moments to cause
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
with devastating consequences. One such accident on Highway 5 recently totaled two cars and caused serious injuries to one person.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
The Missouri State Highway Patrol reportedly responded to the crash on a recent Wednesday afternoon. According to an accident report, an 80-year-old minivan driver turned left onto Highway 5 from another road without yielding. He allegedly pulled directly into the path of an 18-year-old man who was southbound.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The crash that followed reportedly caused serious injuries to a 13-year-old passenger in the southbound car. Officers reported that the teenager was not restrained by a seat belt. He was rushed to a regional hospital. No mention was made of any injuries suffered by the two drivers of the vehicles that were involved in the wreck.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It is not known whether any charges were filed after this crash. However, regardless of whether charges are filed after car accidents, injured victims have the right to pursue financial relief by filing personal injury claims in a Missouri civil court. In order for the court to consider a monetary judgment, negligence on the part of another party must be established. Following this, all documented claims for pecuniary and non-economical damages will be considered for compensation. Along with medical expenses, other financial losses and emotional damages, such as pain and suffering, may be included in the claims.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: lakeexpo.com, “
</span>
<a href="http://lakeexpo.com/news/lake_news/teen-seriously-injured-in-crash-on-hwy/article_06dbfa24-d682-11e5-ad9b-fba4a3d4bb72.html" target="_blank" style="display: initial;">
Teen Seriously Injured In Crash On Hwy 5
</a>
<span style="display: initial;">
“, Feb. 18, 2016
</span>
</p>
</div>It can't happen here2016-02-19T13:40:45Z2016-02-19T13:40:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When it comes to wrongful convictions, most people make the same mistake. They say something like, “it could never happen to me, I’ve never done anything illegal.” But of course, if you were convicted and you had committed an illegal act, it wouldn’t be a wrongful conviction, would it?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The other fact many people miss is that they cannot imagine that the system can make a mistake so large that “it” would convict an innocent person. It does, and it potentially does it every day in every state in the union. Some cases are eventually reversed and the accused is exonerated, but many serve their full sentence, and some probably die in prison.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
What is most frustrating about much of this is once the web of misstatements, false confessions and manipulated evidence and witnesses begin to unravel, prosecutors often fight by every possible means to prevent the wrongful conviction from being undone.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Because as much as the word credibility is tossed around, it is often the credibility of the prosecutors that is most in question. Too often, it becomes uncertain where the highest priority lies; defending their office or seeing that justice is done.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
And many people don’t believe a case involving a wrongful conviction could happen in a town like Columbia. Maybe in a big city on the coasts or even St. Louis. But the ordeal of Ryan Ferguson undercuts that overconfidence.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As the Netflix documentary Making a Murderer and Ryan’s case demonstrates, it does happen in small towns like Manitowoc, Wisconsin and Columbia, Missouri and it does two immense disservices to the community.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
One, it puts an innocent person in prison, stripping them of their liberty and marking them with a conviction that even if they are released, will make the remainder of their life difficult.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Second, it allows a guilty person to remain free, potentially committing new crimes while remaining unpunished.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
We all deserve better than that.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Source: cbsnew.com, “
</span>
<a href="http://www.cbsnews.com/news/ryan-ferguson-wrongfully-convicted/" target="_blank" style="display: initial;">
RYAN FERGUSON: WRONGFULLY CONVICTED
</a>
<span style="display: initial;">
,” Erin Moriarty, January 30, 2016
</span>
</p>
</div>FeloniesThere are legal consequences when establishing paternity2016-02-17T13:50:31Z2016-02-17T13:50:31Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There is much more to paternity than simply establishing who fathered a child. When determination of paternity is being done or paternity has been established, there are legal consequences and legal matters that can be put into motion. Missouri parents can benefit from seeking guidance to learn what may occur and to what obligations a parent may have to adhere when paternity has been established.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Once paternity has definitively been proved, there may be a child support order handed down. There may also be other financial obligations outlined pertaining to the care and welfare of the child. This establishment of child support will be a financial obligation that a parent is required to fulfil until the child is 18, or older, depending on individual circumstances. Past expenses, such as birthing expenses, may also be owed to the other parent after paternity is established.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
A
</span>
</span>
<a href="/family-law/paternity" style="display: initial;">
paternity
</a>
<span style="display: initial;">
order can also open the door to visitation or custody issues. Legal and physical custody details can be mapped out by the parents. The amount of time a parent gets to spend with a child is only one part of the picture. The father may now pursue options related to making decisions for the child.
</span>
</p>
<p>
<br/>
</p>
<p>
Paternity is an important part of the family court system in Missouri. Anyone seeking to establish paternity or who has been asked to submit to a paternity test can turn to an attorney to find out how paternity can impact his finances and family dynamic. Our website has more in-depth information about paternity in general and the consequences of establishing paternity.
</p>
</div>PaternityCar accidents: Spine injuries can have long-term consequences2016-02-16T13:50:32Z2016-02-16T13:50:32Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Missouri auto accident victims who have suffered spine injuries will likely have to endure years of pain and suffering. The impacts of car accidents can fracture or dislocate vertebrae, which may damage the victims’ spinal cords and cause paralysis. While the severity of such injuries can vary, the physical and financial consequences can affect a victim for life.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Spinal cord injuries that are categorized as incomplete comprise those in which the spinal cords were not damaged, but the disks had slipped or herniated. Multiple surgeries may be required, and even after significant medical costs, the pain may persist. Complete spinal cord injuries are those in which the spinal cord is torn or otherwise damaged. This can result in the part of the body below the injury to be paralyzed because messages from that area are no longer relayed to the brain.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Regardless of the severity of a spinal cord injury, the victim’s life will be changed in various ways. The adverse effects of spine injuries must never be underestimated. If such an injury was caused by the negligence of another party, the victim might have a viable personal injury claim. Establishing negligence before the court may be difficult, and a victim will need the assistance and guidance of an experienced attorney.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Missouri victims of
</span>
</span>
<a href="/personal-injury/spine-injury" style="display: initial;">
spine injuries
</a>
<span style="display: initial;">
caused by car accidents may find comfort knowing that, while they focus on getting better, the experienced attorneys at [nap_names id=”FIRM-NAME-1″] in Columbia can work on preparing claims to present in the civil court. Our attorneys will assess the circumstances of the crash and analyze the financial, physical and emotional damages sustained. The goal of the attorney will always be to obtain the maximum compensation possible to cover financial damages along with the pain and suffering the victim is currently suffering and will suffer in the future.
</span>
</p>
</div>State will retry man whose conviction had been overturned2016-02-12T13:50:33Z2016-02-12T13:50:33Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A man whose conviction was thrown out by the Missouri Supreme Court will be retried, according to prosecutors, who now claim they have DNA evidence to obtain a conviction for the murder and rape of two sisters in 1991.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The man was one of four arrested in connection with the
</span>
</span>
<a href="/criminal-defense/sexual-offenses" style="display: initial;">
rape
</a>
<span style="display: initial;">
<span style="display: initial;">
and murder of two sisters on the Chain of Rocks Bridge. All four were convicted and three were sentenced to death, while the fourth received 30 years after cooperating with the prosecution. One of the men has been executed, one had his sentence changed to life without parole, and the third man has been released.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This case involves allegations that police beat a confession out of the man and that the jury was permitted to hear the questionable confession. The difficulty with this type of prosecution now is that the man may be innocent or he may be guilty, but because of police and prosecutorial misconduct, we may never really know.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And for the prosecution, that is a significant problem, because their burden is guilt beyond a reasonable doubt. While the prosecution may claim they have DNA evidence linking the man to the killing, the coerced confession itself may create a reasonable doubt.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
After all, if the police had been so certain of his guilt, what would have been the need to beat a confession out of him? They also offered a lenient sentence to one of the four, a sentence that has led to that man’s parole.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A report written up by a pre-trial officer after the man’s interrogation noted he had bruises or bumps on his face. The pre-trial officer later found his report had been modified to remove these references and he was also interviewed by an attorney from the prosecutor’s office. He then felt pressured to remain quiet about the incident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
For those who believe in law and order, this type of conduct by police corrupts the system and make enforcement of the law impossible by creating reasonable and irresolvable doubt.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: stltoday.com, “
</span>
<a href="http://www.stltoday.com/news/local/crime-and-courts/prosecutors-will-retry-reginald-clemons-in-chain-of-rocks-murders/article_94fc8c24-bae5-5c33-b392-61b30dcc9a61.html" target="_blank" style="display: initial;">
Prosecutors will retry Reginald Clemons in Chain of Rocks murders
</a>
<span style="display: initial;">
,” Jeremy Kohler, January 25, 2016
</span>
</p>
</div>Sex CrimesBoxer may lose vehicle over child support debt2016-02-10T13:50:35Z2016-02-10T13:50:35Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
When someone falls behind in
</span>
</span>
<a href="/family-law/child-support" style="display: initial;">
child support payments
</a>
<span style="display: initial;">
, there are several measures that may be taken by the courts to rectify the debt. Child support debt can typically lead to garnishing of wages, confiscation of assets and even jail time. Parents in Missouri who are behind in child support payments may be able to relate to the plight of a boxer and Olympic champion whose struggle to pay child support has garnered news lately.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The boxer and Olympic medal winner, Antonio “Magic Man” Tarver, has a 14-year-old daughter. According to reports, he started to fall behind in payments in 2008. He currently owes $779,000 in child support payments for the child.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A magistrate has ordered that the boxer turn over his Mercedes SUV as a partial payment for the back-due support. The boxer was given a specific deadline to turn over the vehicle, or he may face time in jail. His mother has stepped forward to claim the vehicle as a gift her son gave to her and not an asset of his that can be taken in lieu of the support. The boxer says his current job as a boxing analyst will not pay until April, and he has no means of paying or supporting himself until then; however, a social media post shows him on a recent trip to Beverly Hills where he stayed at an expensive hotel.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The dispute over assets that can be taken as a means of paying child support can be a situation anyone behind on payments can experience. When a parent foresees falling behind in child support obligations, that parent may have options in a Missouri family court. The pursuit of a modification can help a parent seek to pay a lesser amount until attaining a more stable income, and a modification can also help a parent avoid the legal consequences of falling behind in child support payments.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: wfla.com, “
</span>
<a href="http://wfla.com/2016/02/03/mother-of-boxing-champ-antonio-magic-man-tarver-jumps-into-child-support-fight/" target="_blank" style="display: initial;">
Mother of boxing champ Antonio “Magic Man” Tarver jumps into child support fight
</a>
<span style="display: initial;">
“, Mark Douglas, Feb. 3, 2016
</span>
</p>
</div>Child SupportFatal motor vehicle accidents: 2 teens dead, 1 seriously injured2016-02-08T13:50:36Z2016-02-08T13:50:36Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
A roadway in Lee’s Summit remained closed on a recent Tuesday while reconstruction investigators tried to determine the circumstances of a crash on the previous afternoon that claimed the lives of two Missouri teens and sent the driver to a hospital. Investigators were working among the crash debris that remained on the site. Skid marks were still visible on the roadway. As with most
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury/wrongful-death/fatal-car-accidents/" target="_blank" style="display: initial;">
fatal motor vehicle accidents
</a>
<span style="display: initial;">
, police officers are awaiting pending medical reports and other documentation before charges may be filed — if any.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A preliminary crash report indicates that the incident took place at approximately 4 p.m. on a Monday when an 18-year-old northbound driver tried to pass another vehicle. During the maneuver, the driver apparently noticed a southbound car approaching and attempted to swerve back into the northbound lane. Unfortunately, he lost control of his car, and it was broadsided by the southbound vehicle.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
One of the two 18-year-old passengers in the teen’s vehicle died at the accident scene while the other boy was rushed to the hospital. Sadly he was declared dead upon arrival at the hospital. The driver suffered serious injuries, and a report from the hospital indicated that his condition remained serious the next day. The southbound driver was reportedly treated at the hospital for minor injuries.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Officials reported that it may take months to finalize the investigation. In the meantime, the two families whose loved ones died in the wreck have to face the financial consequences of the accident. When fatal motor vehicle accidents, are caused by the negligence of another party to the crash, the deceased victim’s surviving family members may pursue wrongful death claims in a Missouri civil court. If the court determines that liability has been properly established, it will consider all documented claims for financial losses sustained.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: kansascity.com, “
</span>
<a href="http://www.kansascity.com/news/local/article57903703.html" target="_blank" style="display: initial;">
Two Lee’s Summit teenagers dead, another injured after traffic accident
</a>
<span style="display: initial;">
“, Brian Burnes, Feb. 2, 2016
</span>
</p>
</div>Fatal Motor Vehicle AccidentsYou mean they are held to a lower standard than a bus driver.2016-02-05T13:50:38Z2016-02-05T13:50:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Law enforcement is given great authority. They can take away a person’s liberty with the power of arrest and they are authorized to violate numerous traffic and safety laws in the pursuance of their job. They are even authorized to shoot to kill in some circumstances. With that great authority comes great responsibility and accountability.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In many occupations that carry great responsibility for public safety, drug and alcohol testing after an “incident,” is the norm. When a bus driver in St. Louis has a fender bender, if there is a train crash at a grade crossing, or if a pilot cuts a corner on a taxiway too tight and drops a wheel off the pavement, they are subject to such a test.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A recent announcement from the St. Louis Police states that officers in shootings or vehicle crashes will be tested for drugs and alcohol. This seems only reasonable, and other law enforcement within the state of Missouri, including the State Police, follows this procedure,
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This announcement comes after reports involving a department officer. He had been involved in a shooting incident in 2014 and in December, he was found drunk behind the wheel of a police vehicle after he had crashed into a parked car. The crash occurred a few hours after his shift, but he was found with a blood alcohol content of 0.117 and also had cocaine in his system.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While the officer was cleared by an investigation earlier shooting, it is likely that the public confidence in police shooting investigations may not be bolstered by the later revelation that the officer crashed a police vehicle on alcohol while intoxicated and having used cocaine.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Given their authority, police have to be held to a higher standard, and it is appropriate that St. Louis police officers be subject to at least the same standards that a bus driver or train engineer, or Missouri State Police trooper would be held.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: stltoday.com, “
</span>
<a href="http://www.stltoday.com/news/local/crime-and-courts/st-louis-police-to-undergo-drug-and-alcohol-testing-after/article_f75d2997-6632-5270-8705-f94092b181c9.html" target="_blank" style="display: initial;">
St. Louis police to undergo drug and alcohol testing after shootings, wrecks
</a>
<span style="display: initial;">
,” Christine Byers, January 30, 2016
</span>
</p>
</div>The problem with (potentially) lowering the BAC limit2016-02-05T13:50:37Z2016-02-05T13:50:37Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Numerous times in recent history, the federal government has attempted to alter the one drunk driving rule that everyone seems to know: that a blood alcohol level of 0.08 or greater means a DUI is in your future. Every time the attempt to change this rule comes up, it is invariably an effort to move the blood alcohol content (BAC) limit lower. And the National Transportation Safety Board (NTSB) recently said that one of their wishes for 2016 is a reduced BAC limit.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The NTSB wants to drop it to 0.05, or even lower. While on paper that may sound like a noble idea worth pursuing, think about who this law targets.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
People who drive with a BAC over 0.08 will still be in trouble under this potential new BAC, just like they would be under the current BAC. So there’s no change or improvement to the system there. But people who enjoy a drink or two under the current system and are still legally able to drive without breaking the DUI law (0.05 to 0.07 BAC) would be in trouble under the potential new limit.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
We’re talking about good, hardworking people who, currently, are not breaking any laws. In fact, they are considerately not exceeding the BAC limit — stopping themselves from consuming too much alcohol. And these are the people the NTSB wants to target and arrest to supposedly improve road safety and prevent future drunk driving?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Efforts to curb drunk driving are welcomed. But targeting people who are not the problem currently is foolhardy.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Jalopnik, “
</span>
<a href="http://jalopnik.com/the-feds-still-want-states-to-lower-their-drunk-driving-1753175152" target="_blank" style="display: initial;">
The Feds Still Want States To Lower Their Drunk Driving Limits
</a>
<span style="display: initial;">
,” David Tracy, Jan. 15, 2016
</span>
</p>
</div>Drunk DrivingDon't get taken advantage of during a divorce in Missouri2016-02-03T13:50:40Z2016-02-03T13:50:40Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
It can be easy to go along with decisions or agreements in the spirit of getting a divorce over with. Anyone in Missouri who is embarking on a divorce can benefit from learning how to protect oneself in order to avoid being taken advantage of when it comes to finances. Understanding debts and assets in general is necessary to ensure an equitable
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
agreement.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Both parties will want to have copies of all financial documents. This is especially true for the one who is not the primary wage earner. The records involved include bank statements, tax documents and retirement account statements. All martial property must be evaluated. Having an accurate value assigned to these items is the best way to avoid giving up what may be rightfully due in a divorce settlement.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Knowledge of assets is important, but knowing what is owed is vital also. Responsibility for debts can be divided during a divorce, just as assets can be. Each party should know the details of all debts owed, including credit card debt. Running a credit report can help pinpoint whether there are unknown debts that must be addressed.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A divorce settlement may hinge on negotiations related to assets, funds and debts. The only way to be sure fairness is part of the equation is to know exactly what is on the table. Once both parties in a Missouri divorce understand where they stand, each person can prepare for life after the divorce and have a clear idea of what to expect financially.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: huffingtonpost.com, “
</span>
<a href="http://www.huffingtonpost.com/karen-covy/8-tips-to-keep-from-being_b_9105604.html?ir=Divorce" target="_blank" style="display: initial;">
8 Tips to Keep From Being Taken Advantage of Financially in Divorce
</a>
<span style="display: initial;">
“, Jan. 29, 2016
</span>
</p>
</div>DivorceNegligence may have caused crash that killed father and baby girl2016-02-01T13:50:41Z2016-02-01T13:50:41Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Fatal car accidents are always tragic, but some seem to touch the hearts of even those not attached to the victims. The apparent
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
negligence
</a>
<span style="display: initial;">
<span style="display: initial;">
of one driver recently caused the death of a young Missouri father and his baby. The crash reportedly occurred in Henry County on 13-Highway.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to an accident report by the Missouri State Highway Patrol, the accident took place near Clinton in the early evening of a recent Sunday.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It is alleged that a northbound driver tried to pass another vehicle on a hill. Conditions to pass were apparently unsafe, and he smashed head-on into an approaching car that was driven by a 20-year-old man. This man’s 18-year-old wife of two months and their baby girl were also in the car when the crash occurred.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The father and baby both lost their lives, while the young mother was rushed to a hospital in Kansas City with injuries of unknown severity. The 80-year-old male driver who crashed into them also died at the scene, and his 52-year-old female passenger was airlifted to a hospital. The extent of her injuries is not known.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Negligence by drivers on Missouri roads can lead to civil claims against their estates if they do not survive. After this fatal crash, the estate of the driver who failed to take due care when he passed another vehicle may be sued by the injured mother for personal injuries she suffered and also for the wrongful deaths of her husband and baby. Also, the injured passenger in the car of the driver deemed responsible may also file a personal injury claim. Evidence of negligence will have to be established before the court will consider entering any monetary judgments for documented financial and other losses.
</span>
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: fox4kc.com, “
</span>
<a href="http://fox4kc.com/2016/01/25/3-people-dead-after-henry-county-mo-accident-including-infant/" target="_blank" style="display: initial;">
Baby and two men killed when driver tries to pass on Clinton, Mo. hill
</a>
<span style="display: initial;">
“, Jan. 25, 2016
</span>
</p>
</div>Missouri should proofread their regulations more closely2016-01-29T13:50:42Z2016-01-29T13:50:42Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The Missouri Supreme Court ruled last week that the word “and” is important. It appears that the regulations governing the calibration of breathalyzers in the state had an inadvertent, but significant, mistake. The regulations that were in place from December of 2012 until January 2014 stated that breathalyzers had to be calibrated at vapor concentrations of 1.10, 0.08 and 0.04 percent.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This regulation had been intended to list the concentrations as “or” not “and,” meaning it only had to be calibrated at a single value, and that is what had been customary. However, agencies are not permitted such sloppy proofreading, and the Supreme Court ruled that any breathalyzer reading from a machine not calibrated to all three values during that period were invalid and not admissible.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This ruling by the court could be dismissed as technical and it is unlikely that it will have a very large effect on DWI cases, with the exception of those cases dating from that period. Of course, even in those cases, the prosecutors may still put the arresting officer on the stand and he or she may testify that there were other factors that suggested that the accused was guilty of a DWI.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Nonetheless, court cases like this are important. The breathalyzer is a black box. Only a few chemists and software experts fully understand the mechanical processes it uses to convert a breath into a number that is supposed to indicate the concentration of alcohol in the blood. Most of us have to trust they really are doing what they claim they are doing.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
It is essential that these systems be very closely watched and examined, to ensure that police, prosecutors and the courts do not become lazy and merely rubber stamp the output of these “magic boxes” without independent and rigorous examination.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: news-leader.com, “
</span>
<a href="http://www.news-leader.com/story/news/crime/2016/01/15/missouri-supreme-court-decision-might-apply-some-pending-dwi-cases/78793704/" target="_blank" style="display: initial;">
Missouri Supreme Court decision might apply to some pending DWI cases
</a>
<span style="display: initial;">
,” Harrison Keegan, January 15, 2016
</span>
</p>
</div>Be financially prepared for a divorce in the New Year2016-01-28T14:08:36Z2016-01-28T14:08:36Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
The New Year brings many changes for everyone. If a
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce
</a>
<span style="display: initial;">
<span style="display: initial;">
is on the table after the holiday dishes are cleared, there are steps individuals should take to ensure a fair and smooth transition. Missouri residents should be particularly concerned with getting financial ducks in a row if a divorce is to unfold in the New Year.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Part of a divorce is naturally the splitting of financial assets and accounts. In order to be prepared, each person must realize what that person needs to make it on his or her own. This requires an assembly of all financial documents and a realistic idea of what is needed to live on after a divorce unfolds. Taking action to open individual bank accounts and take care of individual credit is also encouraged and necessary as the process moves forward.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As those year-end financial documents are gathered, each party should be keenly aware of anything that may be hidden or missing. One example is a holiday bonus. While hiding assets is illegal, a spouse who is aware of intent of the other to file for divorce may take steps to conceal assets such as bonus. High-earning couples need to be aware of any misstep or attempt to conceal anything at the end of the year.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The more a Missouri couple has, the more difficult it may be to divide financial lives after a divorce. However, it may be vital for one person in particular to have a grasp on what will occur to the finances and what to expect after a divorce. The New Year can be a time when a full year’s worth of finances can be explored as a means of proceeding with a property division or alimony settlement and starting anew in every way.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: forbes.com, “
</span>
<a href="http://www.forbes.com/sites/jefflanders/2016/01/26/pros-and-cons-of-starting-divorce-proceedings-in-january/#4fc693db6133" target="_blank" style="display: initial;">
Should You Start Divorce Proceedings In January?
</a>
<span style="display: initial;">
“, Jeff Landers, Jan. 26, 2016
</span>
</p>
</div>Fatal motor vehicle accidents: Woman, 2 children die in crash2016-01-26T14:08:38Z2016-01-26T14:08:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
A spokesperson for the Missouri State Highway Patrol says that although MoDOT does its best to clear the roadways of snow and ice, environmental conditions can cause thawing and refreezing of ice patches that may cause problems for drivers. For this reason, vehicle operators must be extra careful and maintain safe following distances between vehicles to avoid the need for sudden braking that could cause serious or even
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
fatal motor vehicle accidents
</a>
<span style="display: initial;">
. One such accident that may have been caused, in part, by ice on the roadway occurred in St. Charles County on a recent Thursday morning.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Police say a 36-year-old woman was traveling north along Highway 61 when another northbound driver apparently lost control of his or her vehicle and rear-ended her car. Officers say the driver may have lost control of the vehicle after it slipped on an ice patch. The impact reportedly caused both vehicles to veer across the center median and into the southbound lanes.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A southbound SUV driver could not avoid colliding with both vehicles. The SUV driver suffered moderate injuries, but the woman whose car was rear-ended lost her life in the crash, along with her 6-year-old daughter. They were both declared dead at the scene. An infant who was also in the car was rushed to the hospital but succumbed to her injuries as well. It is not known whether the driver who appears to have caused the crash suffered any injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Sadly, three funerals and burials must be arranged, and the financial impact is obvious. Fortunately, the Missouri civil justice system allows surviving family members who lose loved ones in fatal motor vehicle accidents due to the negligence of another party to pursue claims for financial relief by filing wrongful death claims in a civil court. Negligence must be established before the court will consider the entry of monetary judgments. If sufficient evidence of negligence causing the fatalities is presented, the court will adjudicate all documented claims for monetary relief, including financial and emotional damages caused by the tragic accident.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kmov.com, “
</span>
<a href="http://www.kmov.com/story/31021569/3-dead-1-critical-following-crossover-crash-in-st-charles-county" target="_blank" style="display: initial;">
Victims of fatal St. Charles County accident identified; family speaks
</a>
<span style="display: initial;">
“, Stephanie Baumer, Jan. 21, 2016
</span>
</p>
</div>Can "focused-deterrence" prevent crime in Columbia?2016-01-22T14:08:39Z2016-01-22T14:08:39Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The police department in Columbia is working on implementing a type of program that focuses police resources on individuals who are involved in criminal activities, such as gangs or other types of violence.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The program is sometimes referred to as predictive or proactive policing. In Kansas City, a program has focused on gangs in an effort to reduce the number of homicides. The police meet with many of these individuals on a monthly basis, reminding them that they are being watched and offering social services that may help them escape the cycle of violence and
</span>
</span>
<a href="/criminal-defense/expungement" style="display: initial;">
crime
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Kansas City program is still a work in progress, but it may be responsible for preventing the gang homicide rate from increasing. In Columbia, police officials suggest it would have another focus, as last year Columbia only experienced a single homicide.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Issues like domestic violence, aggravated assaults or shots-fired incidents are mentioned as a potential focus.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
For programs like this to be successful, however, they must target the root causes of crime and work very hard to develop trust in the community they are policing. As the executive director of the American Civil Liberties Union notes, they have to demonstrate to the community that they are truly there “to serve and protect” and not simply function as an occupying army.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
These issues are very complex, and the traditional police response to difficult social matters, such as domestic violence, suggests that new methods are needed. The important thing is that they are really new and not simply a different name on the same old “round up all the usual suspects.”
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Source: columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/crime/department-considering-proactive-policing-program/article_2f8afb40-3b5b-556a-8755-8e54c4778df4.html" target="_blank" style="display: initial;">
Department considering proactive policing program
</a>
<span style="display: initial;">
,” ALAN BURDZIAK, January 8, 2016
</span>
</p>
</div>FeloniesFootball player pays high amount of child support2016-01-20T14:08:41Z2016-01-20T14:08:41Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Regardless of the number of children fathered by an individual,
</span>
</span>
<a href="/family-law/child-support" style="display: initial;">
child support
</a>
<span style="display: initial;">
<span style="display: initial;">
is ordered for each and every one of them. The amount of child support that may be ordered by a New York family court it essentially based on the income of the parents, even if that income is not guaranteed for the child’s entire childhood. Missouri parents worried about the cost of child support and what to do about an uncertaincome may be interested in the story of an NFL player who has been ordered to pay around $336,000 in child support each year.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The football player has eight children to seven different women. He is also married and has two children with his wife. It was recently announced she is currently pregnant with twins. In total, the man will be the father of 12 children. He has been ordered to pay $3,500 a month for each child and estimates indicate he will be paying around $336,000 a year for all support obligations.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The football player had a salary of $7 million last year. He has a contract for $32 million. However, he can actually be cut from the team at any time, putting his earnings in jeopardy.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
What a parent has been ordered to pay in child support at the point of a split or motion in court may be a doable amount. However, if that Missouri parent’s income changes significantly, regardless of the number of children, it may be difficult to continue to pay that amount. In cases where a job is lost or income takes a significant cut for any number of reasons, a modification to the child support amount may be needed in order to keep current with payments and continue to appropriately care for a child.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: New York Post, “
</span>
<a href="http://nypost.com/2016/01/17/antonio-cromartie-pays-336k-every-year-to-support-8-kids/" target="_blank" style="display: initial;">
Jets cornerback pays more in child support than you make in a year
</a>
<span style="display: initial;">
“, Susan Edelman, Jan. 17, 2016
</span>
</p>
</div>Child SupportCar accidents: 1 dead, 1 injured in 3-car Jefferson County crash2016-01-18T14:08:42Z2016-01-18T14:08:42Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Many Missouri families have had to adjust to life without loved ones who died in crashes over recent months. One of the most recent
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
claimed the life of one person and caused serious injuries to another. This accident also involved a third vehicle and seemed to have resulted from one driver’s failure to yield.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
According to an accident report by the Missouri Highway Patrol, the crash occurred in the afternoon of a recent Friday. The report states that a 27-year-old St. Louis resident was eastbound in Jefferson County on Missouri Route 30 when he allegedly made a left turn onto another road without yielding to an approaching vehicle. He reportedly turned directly into the path of a pickup truck that was operated by an 84-year-old House Springs driver.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The first car then also struck another passenger car that was driven by a 19-year-old man from Robertsville. This driver needed no medical care. Although the driver who seemed to have caused the crash was also not injured, his 37-year-old passenger suffered fatal injuries, and he was declared dead at the hospital. The pickup truck driver was also transported to the hospital with serious injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The consequences of car accidents can be devastating to those who have lost loved ones, and also to the seriously injured victims and their families. Along with the emotional trauma comes the unanticipated financial expenses. In this case, the injured victim and the surviving family members of the deceased passenger will be entitled to pursue financial relief by filing a personal injury and a wrongful death claim in a Missouri civil court. Upon establishment of negligence on the part of the driver who failed to yield, the court may enter monetary judgments to cover documented financial losses and emotional damages sustained.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: stltoday.com, “
</span>
<a href="http://www.stltoday.com/news/local/crime-and-courts/st-louis-man-killed-another-injured-in-three-vehicle-crash/article_5775e1f0-db84-54b7-af4e-7fdeec83265e.html" target="_blank" style="display: initial;">
St. Louis man killed, another injured in three-vehicle crash in Jefferson County
</a>
<span style="display: initial;">
“, Denise Hollinshed, Jan. 16, 2016
</span>
</p>
</div>Mother of 2 suffers serious injuries in New Year's Day crash2016-01-13T14:08:44Z2016-01-13T14:08:44Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
After celebrating the arrival of the New Year, a 25-year-old Missouri mother of two accepted a ride with an acquaintance. This apparently turned out to be a bad idea, as the journey ended when the driver smashed the vehicle into a building. According to witnesses, the driver then fled the scene of the crash, leaving behind his passenger with
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
serious injuries
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<br/>
</p>
<p>
Kansas City police reported that surveillance footage shows the car mounting the sidewalk of Independence Avenue, hitting a stop sign and then a telephone pole before smashing into a brick building. The accident reportedly occurred shortly before 3 a.m. on New Year’s Day. The car was operated by a 35-year-old man who reportedly left the scene of the accident on foot — according to witnesses’ reports. Family members of the injured woman reported that she suffered severe injuries to her skull and neck, along with a fractured leg.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Accident investigators obtained a description of the driver from witnesses, and also his name from a library card they found in the wreck. This was used to search the records of the Missouri Department of Revenue, which yielded a photo of the alleged hit-and-run driver. Prosecutors from Jackson County charged the man with assault and leaving an accident at which injuries occurred. His arrest has not been confirmed yet, but his bond was set at $250,000.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Missouri woman who suffered serious injuries in this crash is entitled to pursue financial relief for her medical expenses, which will likely be significant. She is also entitled to retain the services of an experienced personal injury attorney to guide and support her through the legal proceedings while she recovers from her injuries. Once negligence on the part of the driver is established, the court will consider documented claims for financial and emotional damages.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: fox4kc.com, “
</span>
<a href="http://fox4kc.com/2016/01/06/kc-man-charged-with-leaving-scene-of-new-years-accident-that-critically-injured-passenger/" target="_blank" style="display: initial;">
KC man charged with leaving scene of New Year’s accident that critically injured passenger
</a>
<span style="display: initial;">
“, Michelle Pekarsky, Jan. 6, 2016
</span>
</p>
</div>Know the facts about divorce and Social Security benefits2016-01-13T14:08:43Z2016-01-13T14:08:43Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When a couple is married, benefits are split and shared in one way or another. Once a divorce unfolds, naturally, finances become separate and so do many benefits which were once shared. Even though wages become separate, many people may be unaware of how Social Security benefits work after a divorce and what rights an ex-spouse may have regarding Social Security payments in Missouri.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The timing of the divorce makes all the difference in how Social Security benefits may or may not be split. If the marriage lasts for more than 10 years, an ex-spouse may claim a portion of that Social Security benefit. If the marriage lasts for less than 10 years or the 10 years of marriage is not consecutive, then an ex-spouse will not qualify for spousal benefits.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
There are also benefits related to being a widow or widower. It is important to understand that widow or widower benefits are only applicable if the spouses are married at the time of death of one of the spouses. Also, the marriage must have lasted more than nine months. Divorce disqualifies a person from this benefit.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Divorce can be complicated as both lives are split and complex financial issues are sorted through by each party. Counting on benefits or support may be necessary for spouses after they split. However, any Missouri spouse in the process of a divorce or just after a divorce should understand for what benefits he or she actually qualifies and exactly how long a marriage must have lasted in order to qualify for any of those benefits.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: foxbusiness.com, “
</span>
<a href="http://www.foxbusiness.com/features/2016/01/11/social-security-divorce-timing-is-everything.html" target="_blank" style="display: initial;">
Social Security & Divorce: Timing IS Everything!
</a>
<span style="display: initial;">
“, Gail Buckner, Jan. 11, 2016
</span>
</p>
</div>Child custody needs to be addressed when split unfolds2016-01-06T14:08:47Z2016-01-06T14:08:47Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There is perhaps no other area of law that evokes more emotion and a sense of urgency than child custody. The child custody process can be contentious, difficult and complex for everyone involved as a divorce unfolds, and the process can continue as the needs and circumstances of those involved change. For Missouri families, it is imperative that parents know the complications and responsibilities that surround matters of both physical custody and legal custody.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Legal custody refers to the power a parent has to make decisions for and about the child. These decisions can include religious teachings or decisions about education. Also, healthcare decisions are included if a parent has legal custody of a child.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Physical custody relates to the actual time a child spends in the physical presence of a parent. Joint custody is the typical arrangement. This means both parents spend a significant amount of time with the child. However, that is not guaranteed, and the sharing of equal time does not necessarily mean equal down to the minute because that is simply not possible in most cases.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Protecting the best interests of the child is the goal of Missouri family courts. However, that is not always an easy task, and families may find the process overwhelming. However, help from those who understand the issue a family is facing and those who also understand the laws pertaining to
</span>
</span>
<a href="/family-law/child-custody" style="display: initial;">
child custody
</a>
<span style="display: initial;">
in Missouri can be helpful. Our website has more information for parents about child custody situations and how the process may unfold for families.
</span>
</p>
</div>Child CustodyNegligence on wet and icy roads can cause serious car accidents2016-01-05T14:08:48Z2016-01-05T14:08:48Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Driving in adverse weather conditions on Missouri roads requires skill and concentration. Wet roads with unexpected icy patches pose challenges even to the most experienced drivers. Regardless of the circumstances, every driver who takes to the road must drive in a manner suitable for the prevailing conditions and with due care, knowing that negligence such as speeding, sudden braking or inappropriate following distances can result in
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
with tragic consequences.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Missouri State Highway Patrol reported an accident that might have been caused by an unexpected icy patch on Missouri 5. According to an accident report, the crash occurred during the morning of a recent Tuesday not far from Lebanon. Officers said a 70-year-old driver was southbound in an SUV when it apparently hit an icy patch. The driver lost control of the vehicle and crossed into the northbound lanes.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The SUV struck a minivan with a 64-year-old driver who was heading north head-on. The impact of the crash caused both vehicles to roll over. The SUV driver and a 25-year-old passenger were injured, and they were transported to a hospital along with the minivan driver and his 60-year-old passenger. Reportedly, all four of the injured victims wore their seat belts, and the severity of their injuries ranged from minor to serious.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The injured victims who were occupants of the minivan may pursue financial relief by filing personal injury claims in a Missouri civil court. Negligence by the driver who crossed the center line will have to be established before the court will consider awarding monetary compensation to the victims. Similarly, the passenger of the SUV may also wish to file such a claim against the driver. Once financial liability is established, the court will consider documented claims that may include financial losses and emotional damages.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: lebanondailyrecord.com, “Crash hurts 4 on Mo. 5”, Dec. 30, 2015
</span>
</p>
</div>Gray divorce may pose financial challenges in Missouri2015-12-30T14:25:46Z2015-12-30T14:25:46Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The process of getting divorced poses unique challenges for every couple. However when that split comes after decades of marriage, those challenges may make the divorce more difficult for one party compared to the other. A gray divorce is the term used for couples who have been married for 30 or more years, and the trend is rising in Missouri and across the United States.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While the exact challenges may vary by couple, one trend is common among those in the midst of a gray divorce. The woman was usually a stay-at-home mom, and the husband was the breadwinner. This often translates to older women not being fully aware of the finances and not being prepared to fight for or handle any financial assets she may be entitled to during a divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The specifics of these challenges can include just how much money a newly single person may need in order to get by or maintain a certain lifestyle. The growth of those assets or how to invest that money may also be a mystery. The actual process of paying the bills may even be a challenge in of itself.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Although this situation may not apply to younger couples going through a divorce, for older couples, the person unaware or in the dark about the couple’s finances is typically the female. If a Missouri woman finds herself in this position after decades of marriage, she may want to be aware of any assistance that is available; it may also comfort her to know that she is not alone. Financial advisers and trusted legal counsel can help anyone dealing with a gray divorce who needs more specialized assistance.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: CBS Philly, “
</span>
<a href="http://philadelphia.cbslocal.com/2015/12/26/easing-financial-fears-during-gray-divorce/" target="_blank" style="display: initial;">
Easing Financial Fears During Gray Divorce
</a>
<span style="display: initial;">
“, John McDevitt, Dec. 26, 2015
</span>
</p>
</div>Drunk driving cases are not always what they seem2015-12-30T14:25:45Z2015-12-30T14:25:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Circumstances can often mask a situation, even for trained investigators. A terrible crash on Interstate 70, a head-on collision between two vehicles. One driver killed, the other, a woman, left in a very strange condition. She was unconscious, but paramedics claimed she smelled of alcohol. And she was not wearing any pants.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
She suffered a traumatic brainjury due to the collision and can only recall going out with coworkers for a few drinks that night. She remembered nothing of the rest of the evening, of two minor collisions that occurred prior to the fatal crash.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
But nurses had done a sexual assault exam after she arrived at the hospital, as she had suffered bruising to her inner thighs which were suggestive of rape.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As with many “obvious” cases, the Highway Patrol appears to have performed a less than complete or even competent investigation. They jumped to the conclusion that she was drunk and killed a man. Done. Nothing further to investigate.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Her blood rode around with the trooper for two days. The crash occurred on February 25, but the blood was not refrigerated until March 6 and the test waited until March 12. During that amount of time, improperly stored blood could ferment and generate alcohol.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Her blood alcohol content was found to be 0.085, slightly over the legal limit, but given the shoddy handling of the blood prior to testing, it would be difficult to prove that those mistakes did not compromise the quality of the sample and accuracy of the test.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The blood test failed to find any evidence of a date rape drug, but since no one was looking for it, they may not have administered the proper test. It also failed to detect two drugs she had been given at the hospital, so reasonable doubt as to its accuracy again becomes reasonable. (cont.)
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: lakeexo.com, “
</span>
<a href="http://lakeexpo.com/news/top_stories/jury-said-drunken-driver-caused-fatal-i--crash-but/article_0fc078c8-a990-11e5-9ee7-d7df4593b518.html" target="_blank" style="display: initial;">
Jury said drunken driver caused fatal I-70 crash, but was she really a victim too?
</a>
<span style="display: initial;">
” Jennifer S. Mann, St. Louis Post-Dispatch, December 23, 2015
</span>
</p>
</div>Drunk driving cases are not always what they seem (cont.)2015-12-30T14:08:46Z2015-12-30T14:08:46Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Last time, we discussed what appeared to be an obvious drunk driving crash. The crash was horrific. One man dead. The other driver unconscious, but seemingly
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
intoxicated
</a>
<span style="display: initial;">
. But was she? Or had she been slipped a date rape drug, attacked and raped and then as she escapes from her attacker,
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
she crashes her car?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
That is the argument the defense will make if she is retried by a Missouri court. She was convicted of involuntary manslaughter. That verdict has been overturned by a court of appeals decision, which found the jury instructions were improper and limited the jury’s consideration circumstantial evidence.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Such evidence would likely include the fact she was naked from the waist down and her pants bunched up in the back seat. She had matching bruises on her wrists and what could have been finger marks on the inside of her thighs. Her cervix was injured. None of the coworkers who were out with her that night could recall seeing her with a drink. Her underwear, cell phone and purse were never found. There were handprints on the roof of her vehicle in the backseat.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There were other significant errors with the investigation. It appears that the Missouri Highway Patrol potentially compromised the integrity the blood test by allowing the blood to go unrefrigerated for more than a week and they failed to look for potential the presence of a date rape drug.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Confidence in the competence of the investigation was further undercut when the woman’s attorney questioned one investigator, who according to one
</span>
</span>
<a href="http://www.nydailynews.com/news/national/missouri-woman-fatal-drunk-driving-conviction-overturned-article-1.2475313" target="_blank" style="display: initial;">
news report
</a>
<span style="display: initial;">
, “Appeared not to know what a cervix was when asked on the witness stand.”
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It is unclear if the prosecutors will attempt to retry the woman, but this case once again demonstrates that what is, at first, appears to be obvious, upon closer examination may not be so obvious.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: normal; display: initial;">
Source
</span>
<span style="display: initial;">
: lakeexo.com, “
</span>
<a href="http://lakeexpo.com/news/top_stories/jury-said-drunken-driver-caused-fatal-i--crash-but/article_0fc078c8-a990-11e5-9ee7-d7df4593b518.html" target="_blank" style="display: initial;">
Jury said drunken driver caused fatal I-70 crash, but was she really a victim too?
</a>
<span style="display: initial;">
” Jennifer S. Mann, St. Louis Post-Dispatch, December 23, 2015
</span>
</p>
</div>Passenger suffers serious injuries when car rolls over2015-12-29T14:25:47Z2015-12-29T14:25:47Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
In some single-vehicle
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
in Missouri, those who suffer the worst injuries are passengers. Drivers may be held accountable for losses sustained by passengers in car accidents. Many civil lawsuits arise from serious injuries suffered by passengers of negligent drivers.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
The Missouri State Highway Patrol reported that one such accident occurred in Morgan County on a recent Wednesday night. According to a crash report, the accident involved a single vehicle operated by a 21-year-old man. While southbound on a local roadway, the driver veered off the road. After hitting an embankment, the car rolled over. The reason for going off the roadway is unknown.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It was reported that the driver suffered moderate injuries, but his 28-year-old passenger’s injuries were classified as serious. Both men were transported to a Sedalia hospital by private vehicle, and the passenger was later transferred to University Hospital in Columbia. The report also indicated that both men failed to wear their seat belts.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The severity of the serious injuries suffered by the passenger will likely determine the extent of the medical care that will be required. Long-term care may affect the victim’s ability to work, and along with medical expenses, the financial consequences can be significant. However, he retains the right to pursue financial relief by filing a personal injury lawsuit in a Missouri civil court. Upon proving negligence, the driver may be held financially accountable for the accident. The court will consider all documented claims for financial losses sustained before entering a monetary judgment.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: lakenewsonline.com, “
</span>
<a href="http://www.lakenewsonline.com/article/20151224/NEWS/151229424" target="_blank" style="display: initial;">
Versailles man seriously injured in crash in southern Morgan County Wednesday evening
</a>
<span style="display: initial;">
“, Dec. 24, 2015
</span>
</p>
</div>Understanding the facts about property division in Missouri2015-12-23T14:25:50Z2015-12-23T14:25:50Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When a divorce unfolds, the process known as property division begins. While an equitable split is the ultimate goal, this is easier said than done for most people going through a divorce and the property division process in Missouri. There are certain steps to take, and all parties must consider their individual needs and wants, which will all naturally vary depending on the individuals involved.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
First and foremost, items and assets need to be labeled as either marital property or non-marital property. Marital property refers to assets that are gained during the marriage. Non-marital property refers to items brought into the marriage by one party. However, non-marital property does not just stop there. Inheritances and certain gifts can be considered non-marital property also.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Once it is established or agreed upon as to what is marital or non-marital property, the act of splitting those assets needs to commence. The value of items must be calculated, and some kind of equitable balance must be achieved. Certain high-value items, such as the house, need to be carefully weighed, and each individual’s contribution to the marriage and assets can play a role in the fate of those high-value items.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
No two
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
property division
</a>
<span style="display: initial;">
situations and agreements will be the same. Even when a divorce is relatively amicable or wanted by both parties, the actual division of assets can get complicated and contentious at any time. Relying on a skilled Missouri legal representative for insight into the basic process can be helpful for anyone in this situation. Our website has more information about property division and other divorce matters for those in Missouri who are in the midst of or preparing for a divorce.
</span>
</p>
</div>Property DivisionJustice Department will require crime lab accreditation by 20202015-12-23T14:25:49Z2015-12-23T14:25:49Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The Justice Department has announced that it will eventually require the crime labs that it contracts with to be accredited. While this is encouraging, a review of the way in which crime labs are accredited and the quality of forensic evidence that is used by courts suggests we have a long way to go before many of the problems in this area are solved.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Accreditation is potentially an improvement, but the standards today that apply to most crime lab accreditation are problematic. These accreditation standards are set by organizations that are linked to professional forensics associations. While the standards on paper are probably better than nothing, they are often not very rigorous. In addition, the enforcement of the standards that exist is often weak or entirely lacking.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
An equally problematic issue is the role of judges as the persons responsible for determining whether scientific evidence is admissible. Few have the proper scientific training and backgrounds that would allow them to make accurate determinations.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
There is also a tremendous amount of inertia within the criminal justice system that militates against change. The emergence of DNA evidence and the true scientific rigor it could bring into the courtroom has shown-up the mediocre quality of much forensic evidence.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Incidents involving so-called arson and bite mark analysis have called many cases into question. The validity of much of this “evidence” is so questionable that it is shocking that it has ever been permitted to be used.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
And this is a real worry. Many judges have always permitted such questionable evidence and many will be more impressed by that than the fact that genuine scientific studies have shown that something like bite-mark analysis have virtually no value and are unsupportable scientifically.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
A real problem is also that prosecutors and the state, which often operates the crime labs, have little incentive to improve their quality and rigor, as they prefer much of the sloppy results because the labs are often incented to rule in their favor. Some labs are only paid when a conviction is obtained, so they have no incentive to find a substance is not an illegal drug.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Real reform is likely to take national legislation. But that is unlikely to occur anytime soon.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: washingtonpost.com, “
</span>
<a href="https://www.washingtonpost.com/news/the-watch/wp/2015/12/16/forensic-science-reform-is-finally-here-but-will-we-get-it-right/" target="_blank" style="display: initial;">
Forensic science reform is finally here. But will we get it right?
</a>
<span style="display: initial;">
” Radley Balko, December 16, 2016
</span>
</p>
</div>FeloniesDriver's alleged negligence causes serious injuries to Fulton man2015-12-21T14:25:51Z2015-12-21T14:25:51Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Car accidents happen on Missouri roads every day, and every motorist is at risk. Even the most careful drivers are sometimes involved in
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
that are caused by the negligence of others. Car accidents often cause life-changing injuries, not to mention the medical expenses and other traumas that are typically experienced.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
A 55-year-old Fulton man was the recent victim of a car accident on Highway 54. The Missouri State Highway Patrol reported that the crash occurred on a recent Sunday afternoon. An accident report indicates that the Fulton man was eastbound in a pickup truck when another driver pulled into his path from a side road.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The pickup truck overturned after it traveled off the roadway. The other car — operated by an 82-year-old man who was also from Fulton — came to a halt in the eastbound lanes. This car driver was uninjured, but the pickup truck driver was seriously injured. He was reportedly rushed to the University Hospital by air. No mention was made of any charges filed at the time.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
An accident is always unanticipated, and, for this reason, the resulting medical expenses are not likely to form part of anyone’s monthly budget. Fortunately, victims of accidents that were caused by the negligence of other parties may pursue financial relief through the Missouri judicial system. A personal injury claim may be filed, and upon the establishment of negligence, the court may enter a monetary judgment. It will then consider all documented claims for financial losses along with physical and emotional damages that resulted from the accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: komu.com, “
</span>
<a href="http://www1.komu.com/news/fulton-man-airlifted-following-highway-54-crash/" target="_blank" style="display: initial;">
Fulton man airlifted following Highway 54 crash
</a>
<span style="display: initial;">
“, Chris Gothner, Dec. 20, 2015
</span>
</p>
</div>U.S. Supreme Court to hear DUI refusal cases2015-12-18T14:25:52Z2015-12-18T14:25:52Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The U.S. Supreme Court’s decision from 2013 in Missouri v. McNeely appears to stand for the proposition that if the police have the ability to obtain a search warrant for a blood test after a driver has been stopped on suspicion of drunk driving, they must obtain that warrant.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
In McNeely, the Court noted that merely because alcohol dissipates from the blood of the accused, this does not always create an exigent circumstance exception to the Fourth Amendment’s warrant requirement. Last week, the Court accepted a trio of cases that could expand on this ruling and determine if refusing a blood or breath test provides constitutional grounds for
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
criminal prosecution
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The cases from North Dakota and Minnesota involve situations where refusing to take an alcohol test is itself a crime and allows the state to impose punishment identical to a conviction on a DUI/DWI charge.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
One of the
</span>
</span>
<a href="http://www.scotusblog.com/wp-content/uploads/2015/12/Bernard-petition-final.pdf" target="_blank" style="display: initial;">
arguments
</a>
<span style="display: initial;">
<span style="display: initial;">
against these state laws is that they force a driver to surrender their Fourth Amendment protection from warrantless searches in order to obtain the ability to drive with a state-issued license.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In one of the cases, the state court ruled that the search was lawful because it was incident to an arrest. However, it is arguable that this search is not constitutional in this context, so the state’s efforts to criminalize the refusal of an unconstitutional search should also be found unconstitutional. Court precedent prohibits the criminalization of refusal to consent to unconstitutional searches.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Conceptually it is difficult to see how these cases differ substantially from McNeely, with the demand for breath samples being only marginally less intrusive than a blood test.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If the warrantless search is not authorized by exigent circumstances, protection of evidence from destruction or officer safety and the implied consent statute is actually coercive, by conditioning the privilege of driving on surrender of Fourth Amendment rights, it is hard to see how criminal punishment for refusal is constitutional.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Oral arguments for the case are likely to be scheduled early next year and a decision should be released before the end of the courts term in June.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: scotusblog.com, “
</span>
<a href="http://www.scotusblog.com/2015/12/court-to-rule-on-drunk-driving-tests/" target="_blank" style="display: initial;">
Court to rule on drunk-driving tests
</a>
<span style="display: initial;">
,” Lyle Denniston, December 11, 2015
</span>
</p>
</div>Pedestrian accidents: 2 hit-and-run drivers cause teen's death2015-12-15T14:25:55Z2015-12-15T14:25:55Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
A Missouri family will likely always associate this time of the year with the sad death of their 13-year-old daughter. The teenager died when she was struck by two vehicles in Poplar Bluff last week. As sometimes occurs in
</span>
</span>
<a href="/personal-injury/pedestrian-accidents" style="display: initial;">
pedestrian accidents
</a>
<span style="display: initial;">
, the drivers left the scene of the accident without stopping to check on the victim.
</span>
</p>
<p>
<br/>
</p>
<p>
The Poplar Bluff Police Department’s accident report indicates that the girl was struck by a vehicle as she was walking on a local roadway. That driver drove away, and a pickup truck also struck her. The victim was pronounced dead at the accident scene. Witnesses of the event reportedly directed officers to a local business at which the car that was suspected of first hitting the girl was located. Officers reported that they could match pieces found at the accident scene with missing pieces of the car, and the 42-year-old vehicle owner was arrested after police found that the bumper of the car was removed and being cleaned with chemicals.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Police were also searching for a black pickup truck and its owner, who was allegedly the second hit-and-run driver. When located, this driver will also face felony charges that will include fleeing an accident scene and evidence tampering. The accident investigation was a combined project of the Missouri State Highway Patrol and the Poplar Bluff Police Department.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As is natural after fatal pedestrian accidents, this Missouri family’s grief is likely overwhelming. Additional stress may be caused by the high costs of end-of-life arrangements. Financial relief may be available to take care of these costs and allow the family time to adjust to life without their beloved daughter. A wrongful death claim may be filed in a civil court, and once negligence on the part of another party is established, the court will consider documented claims for financial losses and emotional damages brought about by the tragic accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kfvs12.com, “Police still looking for truck after hit and run in Poplar Bluff”, Amber Ruch, Dec. 10, 2015
</span>
</p>
</div>Pedestrian AccidentsMissouri parents can avoid child custody mistakes during divorce2015-12-15T14:25:54Z2015-12-15T14:25:54Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Custody agreements between divorcing parents can be difficult to decipher and life circumstances can mean that changes need to be made well after an agreement is reached. While a
</span>
</span>
<a href="/family-law/child-custody" style="display: initial;">
child custody
</a>
<span style="display: initial;">
<span style="display: initial;">
agreement is in the works, Missouri parents may want to avoid a few common mistakes that can make the process harder on everyone. The avoidance of these mistakes or missteps early in the process can offset disputes or difficulties down the road.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One common mistake parents may unwittingly make is allowing the child to pick where he or she will stay. While this may be age appropriate in some cases, experts warn it can place unneeded stress on the child. One reason it is a mistake is that it can make the child feel as if he or she is hurting the feelings of the other parent.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Another piece of advice recently offered relates to predictability. Having a predictable schedule for visits and days with each parent is useful for children. One suggestion is to keep a calendar in the child’s room with the days highlighted so a child knows what to expect as this can reduce or eliminate stress about schedules.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Not all pieces of advice or tips will work for every Missouri family. However, no family should expect the divorce and child custody process to be seamless and without any kind of stress on parents or children. With help from experts and legal guidance, parents can work together to ensure a smooth and less stressful process when a child custody agreement is in the works.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: huffingtonpost.com, “
</span>
<a href="http://www.huffingtonpost.com/natasha-daniels/survive-parenting-after-divorce-dont-make-these-5-common-mistakes_b_8801976.html" target="_blank" style="display: initial;">
Survive Parenting After Divorce: Don’t Make These 5 Common Mistakes!
</a>
<span style="display: initial;">
“, Natasha Daniels, Dec. 14, 2015
</span>
</p>
</div>Is it a real crime or merely fantasy?2015-12-10T14:25:56Z2015-12-10T14:25:56Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Most crimes have specific elements that a prosecutor must prove in order to convict someone accused of that crime. These elements can range from simple to complex. The
</span>
</span>
<a href="http://www.moga.mo.gov/mostatutes/stathtml/56500000501.html" target="_blank" style="display: initial;">
first-degree assault
</a>
<span style="display: initial;">
<span style="display: initial;">
in Missouri described as, “A person commits the offense of assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to another person.”
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
So, a prosecutor needs to prove that someone attempted to kill or seriously injure another. The key term here is what is meant by “attempt.” Likely, there are numerous cases where courts have described the situation or circumstances that qualify as an “attempt.”
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
However, what if someone wrote elaborate depictions of an assault? Chances are that it would be difficult for a prosecutor to prove that mere writing, without further concrete steps by the accused, as being sufficient for a guilty verdict in a first-degree assault case.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
And that was the problem a federal appeals court had with the infamous case of the “
</span>
<a href="http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3796&context=dlj" target="_blank" style="display: initial;">
cannibal cop
</a>
<span style="display: initial;">
” who had been arrested and sentenced to prison for writing out violent fantasies about kidnapping and killing women, which included eating their bodies.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The court noted that “Fantasizing about committing a crime, even a crime of violence against a real person whom you know, is not a crime.” Criminal law is designed to punish actions, and the court worried that criminalizing mere thoughts would be dangerous.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
He had been convicted by a jury of a kidnapping conspiracy charge, but the trial court reversed that verdict because the government had failed to prove that he had engaged in sufficient overt acts to commit the crime.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Conspiracy cases are always complex because they rely on uncompleted steps. Typically, there must be an agreement and some overt steps. The overt steps taken can vary, but in this case, the district court and appeals court both agreed that element was not proven.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: molawyersmedia.com, “
</span>
<a href="http://molawyersmedia.com/2015/12/03/appeals-court-fantasizing-about-violence-is-not-a-crime/" target="_blank" style="display: initial;">
Appeals court: Fantasizing about violence is not a crime
</a>
<span style="display: initial;">
,” Associated Press, December 3, 2015
</span>
</p>
</div>FeloniesHolidays pose challenges to child custody in Missouri2015-12-08T14:40:26Z2015-12-08T14:40:26Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
The holiday season is chaotic and hurried enough. When there are issues related to disputes or disagreements regarding
</span>
</span>
<a href="/family-law/child-custody" style="display: initial;">
child custody
</a>
<span style="display: initial;">
, Missouri parents may need to seek outside legal help. While parenting plans are usually explicit and detailed when it comes to holiday breaks and custody arrangements, these plans may not work year after year and may need to be revisited and renegotiated.
</span>
</p>
<p>
<br/>
</p>
<p>
One common source of strife is the actual time split between parents. Typically, parents may split the long holiday break in half with one parent taking a child for the first half then the other until school resumes. Holiday breaks change year after year and this may make an even split impossible. Also, certain religious observances celebrated by one parent may fall during the other parent’s time, creating strife or the need for reworking the days.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When the actual religious observance or celebration is the source of the contention, not the days split, then parents may need to negotiate answers. A judge will not typically prevent a parent from taking a child to a religious service or celebrating a certain observance just because the other parent does not approve. The only feasible exception would be if the child would be harmed by this experience or event.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
With varying observances, lengths of breaks and changes in family dynamics and celebrations, holiday child custody issues can arise in almost any family. Missouri parents may want to be prepared for any changes or disagreements well before the holiday break begins. If parents find communication or an existing parenting plan does not address the child custody issues that are affecting their families, outside negotiation and legal help may be necessary to ensure fairness all around.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: charlotteobserver.com, “
</span>
<a href="http://www.charlotteobserver.com/living/health-family/moms/article48434435.html" target="_blank" style="display: initial;">
Navigating shared custody during the holidays
</a>
<span style="display: initial;">
“, Patra Sinner, Dec. 7, 2015
</span>
</p>
</div>Child Custody2015 fatal motor vehicle accidents show significant increase2015-12-08T14:40:24Z2015-12-08T14:40:24Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Over the past decade, deaths on Missouri roads have been declining steadily. However, against all expectations, 2015 records show a significant increase in
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
fatal motor vehicle accidents
</a>
<span style="display: initial;">
. The 5-year goal of the Missouri Blueprint to Save More Lives had been to reduce fatal crashes to below 700 by 2016. This initiative is now being revisited because the 2015 number of lives lost on Missouri roads as of Dec. 1 already exceeds that number by as many as 80 deaths.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The death toll on Missouri roads so far this year is more than 780 — an increase of more than 10 percent over last year. Authorities are working on a new plan that will become effective at the beginning of 2017. Rewriting the strategic plan will involve law enforcement, engineers, educators and emergency workers. One spokesperson said they all realized that a lot more has to be done to address this issue properly.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The group believes that the major component, enforcement, is under control. One of the members of the committee said more focus will be put on creating awareness and educating drivers. The focus will be to encourage vehicle operators to be responsible drivers. While guard cables on highway medians, edge lines and rumble strips may go a long way toward saving lives, irresponsible drivers continue to jeopardize the efforts to reduce fatal crashes.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Sadly, so far this year, fatal motor vehicle accidents have left the loved ones of so many victims with the heartache and trauma that accompanies unanticipated deaths. While lives can never be replaced, surviving family members can pursue financial relief through litigation in Missouri civil courts. Once negligence is established by means of a wrongful death lawsuit, documented financial and emotional losses will be considered by the court in entering a monetary judgment.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: abc17news.com, “Missouri crash deaths increase 11 percent”, Lindsey Berning, Dec. 2, 2015
</span>
</p>
</div>A life sentence with a plea bargain?2015-12-04T14:40:27Z2015-12-04T14:40:27Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Plea bargains are an inescapable fact of life within the criminal justice system. Most criminal cases in Missouri and throughout the nation are disposed of with a
</span>
</span>
<a href="https://www.bja.gov/Publications/PleaBargainingResearchSummary.pdf" target="_blank" style="display: initial;">
plea agreement
</a>
<span style="display: initial;">
. If every case went to trial, the state would need to hire dozens, if not hundreds, of additional judges and prosecutors to handle the workload.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Plea agreements are useful and can provide a benefit for both the state and the accused. If you are facing a criminal charge that carries a potentially significant sentence, it is often advisable to accept a plea agreement for a lesser sentence, as 10 years in prison may be better than risking a life sentence at trial.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
However, the accused must understand the full ramifications of the plea bargain before accepting such an agreement. A man in Columbia is currently dealing with the consequence of a plea agreement that left him in an indefinite civil commitment after an assault charge in 2004.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The man was accused of shooting his roommate with a bb gun, which led to a first-degree assault charge. He could have been sentenced to a term of life imprisonment for that charge. Instead, he plead not guilty by reason of insanity, the consequences of which he now claims he was not informed at the time of the plea agreement.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
He stated he had attempted to commit suicide with the gun and the roommate intervened and was shot in the process.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The record from the plea acceptance hearing that occurred does not indicate the judge interviewed the accused and made certain he understood the consequences. The man argues his due process rights were violated by this omission.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
It is unclear if any formal analysis of his mental condition has been completed, although one comment in the news story notes that at some point, the Department of Corrections stated he showed no signs of “mental distress or disturbance.”
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If his allegations are true, they are as troubling as a scene from a Kafka short story, with a man facing a virtual life sentence for a mistaken plea bargain made on questionable mental health grounds.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/crime/man-challenges-incarceration-claims-ineffective-counsel/article_5d88176d-8f7b-5645-8cc5-1541d81d6b18.html" target="_blank" style="display: initial;">
Man challenges incarceration, claims ineffective counsel
</a>
<span style="display: initial;">
,” ALAN BURDZIAK, November 28, 2015
</span>
</p>
</div>Know the financial facts before filing for divorce in Missouri2015-12-03T14:40:28Z2015-12-03T14:40:28Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Divorce is more than an emotional decision to dissolve a marriage. It is also a financial decision, even when the divorce is amicable or has been in the works for some time. Before filing for divorce and during the entire process, Missouri residents will want to focus on how finances can be impacted and what actions they should take to protect themselves.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
First of all, it is important to know the financial reality of the situation. For the person who does not handle the finances, this may mean some research. Both parties, but particularly the one uncertain of the financial picture, should take the time to gather important documents related to accounts and assets. This may include bank statements and credit card statements. It makes good sense to pay attention to the other person’s spending habits during a separation, including any loans or new credit cards, as these expenditures can impact both parties before the divorce is final.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Once there is an outline of assets and accounts, there may be discrepancies or uncertainty about assets. A forensic accountant may be needed to ensure there is no concealment of assets. Aside from surprise assets, surprise tax implications may impact stocks, real estate holdings and other items included in a
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
agreement.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The changes that will impact each person’s financial future are inevitable. These can be unpredictable and create stress and anxiety. The more prepared and aware a person is about how his or her financial life will be altered after filing for a Missouri divorce, the more efficient and stress-free the process may seem overall.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: huffingtonpost.com, “
</span>
<a href="http://www.huffingtonpost.com/gobankingrates/40-secrets-only-divorce-a_b_8602766.html" target="_blank" style="display: initial;">
40 Secrets Only Divorce Attorneys Know
</a>
<span style="display: initial;">
“, Lia Sestric, Nov. 19, 2015
</span>
</p>
</div>Silex mayor killed in one of Thanksgiving weekend car accidents2015-12-01T14:40:29Z2015-12-01T14:40:29Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
At this time of the year, the Missouri roads are likely more hazardous than usual. With the high levels of traffic on the roadways during the holidays, it is not uncommon to see reports about car accidents that resulted in fatalities. In the aftermath of Thanksgiving weekend, a Lincoln County family has to pick up the pieces and adjust to the fact that a beloved family member will never return.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The Missouri State Highway Patrol reported the death of the 67-year-old mayor of Silex. An accident report indicates that the fatal crash occurred on Route E shortly after 7 a.m. on the day after Thanksgiving. State police said a 17-year-old driver who was westbound on Route E crossed the center line and smashed into the mayor’s vehicle that was traveling east.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The mayor and his 71-year-old passenger were rushed to a hospital, but only the passenger survived. The mayor was reportedly declared dead upon arrival at the hospital. His passenger’s condition was listed as serious. The driver of the westbound vehicle was transported to a different hospital for treatment of
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
serious injuries
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While the wife, children and grandchildren of the mayor are mourning his death, the financial consequences may be overwhelming. When the negligence of Missouri drivers causes injuries or deaths in car accidents, the injured parties and those who lost loved ones may pursue claims for financial relief. Personal injury and wrongful death claims may be filed against the driver and any separate owner of the vehicle involved. Upon proper proof of negligence, the court may award restitution for documented claims. These typically include financial losses and emotional damages related to the tragedy.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: fox2now.com, “
</span>
<a href="http://fox2now.com/2015/11/27/silex-mayor-killed-two-others-injured-in-crash/" target="_blank" style="display: initial;">
Silex mayor killed, two others injured in crash
</a>
<span style="display: initial;">
“, Kevin S.Held, Nov. 27, 2015
</span>
</p>
</div>The risks of sex offender registration violations2015-11-28T14:40:31Z2015-11-28T14:40:31Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Sex offenses are unlike most criminal charges in Missouri. If an individual is required to register as a sex offender, the registry can become the worst penalty of the offense. This is because this requirement may follow an individual long after they have served their time and have been released from incarceration.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
And what many fail to realize is that mistakes with the technical requirements of the registry can send a released offender back to jail for something as simple as changing a job or their residence.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
In addition, there are other restrictions that can be limit your freedom. On Halloween in Missouri, sex offenders are required to stay in their home during the evening hours, avoid contact with children and post a sign that there is no candy at their home. These restrictions are in spite of the fact that there is little to indicate that
</span>
</span>
<a href="http://mic.com/articles/127414/this-is-what-happens-to-registered-sex-offenders-on-halloween#.1fHmaU1Ke" target="_blank" style="display: initial;">
Halloween
</a>
<span style="display: initial;">
<span style="display: initial;">
is any different from any other night for putative sex offenses.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Ironically, one man may be charged in Columbia with such a crime. He has been charged with failure to register as a sex offender but stands accused of going to a Halloween party and providing alcohol to a 17-year-old girl.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While the Boone County attorney could file additional Halloween-related charges, the charges for violating the sex offender registration requirements are far more common, and are the easiest for an offender to violate, often inadvertently.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
For offenders, these
</span>
</span>
<a href="https://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/SOR/factsheet.html" target="_blank" style="display: initial;">
laws
</a>
<span style="display: initial;">
<span style="display: initial;">
can make it difficult to avoid re-incarceration, as they must register within 3-days of moving into the state, they must register in the county where they reside, and if the offense involved someone under age 18, they must register every 90-days.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Other restriction may include prohibitions on living within 1,000 feet of a school and loitering within 500-feet of schools or parks.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
And the penalties for violating these administrative rules can be harsh. A third violation carries a mandatory minimum sentence of 10 years and up to 30 years.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/crime/sex-offender-accused-of-violating-registry-rules/article_811f3c27-8454-5f32-af00-13c582c196c1.html" target="_blank" style="display: initial;">
Sex offender accused of violating registry rules
</a>
<span style="display: initial;">
,” ALAN BURDZIAK, November 20, 2015
</span>
</p>
</div>Sex CrimesResources and resolutions for child support problems2015-11-24T14:40:32Z2015-11-24T14:40:32Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
When a parent has a difficult time meeting a
</span>
</span>
<a href="/family-law/child-support" style="display: initial;">
child support
</a>
<span style="display: initial;">
<span style="display: initial;">
obligation, that parent and child can suffer any number of adverse effects. When a parent is behind, unemployed or incarcerated, his or her ability to meet a child support obligation can be terribly compromised. Unfortunately, a parents in Missouri may have no idea what to do to catch up or what resources are available to help both the child and parent avoid the negative consequences of missed child support payments and increasing child support debt.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Some states are taking the approach of educating parents. Some parents have been unaware or confused as to why buying food or clothes for a child does not count as support. Others seem to be unsure of the steps to take if they lose a job or need a reduction in support. Classes and reminders sent through the mail have shown to be effective in helping parents understand the system, and the classes have seen an increase in attendance in one state.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Another approach outside of education and presenting parents with options is actively wiping out some of the back-due debt. One program chips away at a percentage of back-due debt if a parent participates in a job training program. Once a parent makes consistent payments for an entire year, an even larger percentage of back-due child support is eradicated.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Studies have shown that once parents in Missouri and elsewhere fall behind or struggle with child support payments, those parents feel the situation is hopeless. Rather than going deeper in debt, suffering negative consequences or not meeting the needs of the child who needs support, the parent can take part in these programs and educational classes, which are aimed at helping those who are struggling with support. When struggling parents understand their options and can take advantage of local programs and legal help, they can be better prepared to meet their support obligations and perhaps mitigate their overall support debt.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: npr.org, “
</span>
<a href="http://www.npr.org/2015/11/20/456353691/some-states-are-cutting-poor-dads-a-deal-on-unpaid-child-support" target="_blank" style="display: initial;">
Some States Are Cutting Poor Dads A Deal On Unpaid Child Support
</a>
<span style="display: initial;">
“, Jennifer Ludden, Nov. 20, 2015
</span>
</p>
</div>Child CustodyCar accidents: 3-vehicle crash sends Missouri driver to hospital2015-11-21T14:40:33Z2015-11-21T14:40:33Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The failure to keep a proper lookout on Missouri roads can have devastating consequences. A moment’s distraction can cause a driver not to notice that the vehicle in front is slowing down, and this may lead to multiple car accidents. If a safe following distance is not maintained, an inattentive driver may not be able to avoid rear-ending the car in front. This seems to have been the circumstances that caused a recent three-vehicle accident in Ste. Genevieve County.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In an accident report, the Missouri State Highway Patrol stated that the crash occurred on Route F on a Tuesday afternoon earlier this month. A 17-year-old driver of a car was eastbound when he failed to avoid hitting a pickup truck that had slowed down to turn left. The car struck the pickup truck’s left rear, and the impact caused the truck to smash into another pickup truck.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The driver of the second pickup was transported to a local hospital for treatment of the moderate injuries she suffered. There is no mention of injuries suffered by the drivers of the other two vehicles. It was reported that safety belts restrained the drivers of all the vehicles that were involved in this accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Whenever Missouri residents suffer injuries in car accidents that are believed to have been caused by the negligent actions of other parties, they may be entitled to pursue financial relief. A car accident can bring about unanticipated expenses such a medical expenses and loss of income. By pursuing a personal injury claim in a civil court, an injured victim may receive compensation for documented losses — both financial and emotional. However, the court will only enter a monetary judgment once
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
negligence
</a>
<span style="display: initial;">
<span style="display: initial;">
has been established.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: stegenherald.com, “
</span>
<a href="http://www.stegenherald.com/law_enforcement/park-hills-woman-injured-in--vehicle-crash-on-route/article_7c79ad8a-8dcb-11e5-99f4-8b4b98d8e8d4.html" target="_blank" style="display: initial;">
Park Hills Woman Injured In 3-Vehicle Crash On Route F
</a>
<span style="display: initial;">
“, Nov. 18, 2015
</span>
</p>
</div>MSHP increases enforcement patrols this Thanksgiving Holiday2015-11-19T14:40:35Z2015-11-19T14:40:35Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Thanksgiving is one of the busiest travel holidays of the entire year. For many, it is a four-day weekend, and whether you are heading across country for a short vacation or to the country for the traditional Thanksgiving Day meal with your family, you want to ensure that everyone arrives and returns home in equal safety.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
And if you are just driving a short distance from Columbia to mom’s or grandma’s house, or across the state to St. Louis, Kansas City or south to the Ozarks, you are likely to encounter a friendly Missouri State Highway Patrol trooper, ready to assist motorists in need or arrest some whom they feel have had a little too much holiday cheer.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
They will also be noticeable along the highway as they implement Operation C.A.R.E (Combined Accident Reduction Effort), which will see the placement of troopers along major highways throughout the state, including Interstate 70 passing through Columbia.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The troopers will be spaced at 20-mile intervals and will be watching for drunk driving, speeding, failure to use seat belts and child restraints. The Thanksgiving holiday last year witnessed 18 deaths and 469 with injuries. There were more than 1,100 vehicle crashes or almost 11 per hour during the 102 hours of the holiday weekend.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Because of this increased enforcement, the potential for DWI charge is high and the penalties can be expensive.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
You could be faced with the need to take time off work to appear in court, arrange for rides when your license is revoked, the potential for jail time, the likelihood of fines, plus the higher cost of insurance once you regain your driving privileges.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If you are convicted, the DWI could lead to your losing your job and even difficulties with renting an apartment afterward.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Because of the seriousness of these charges, you need to act quickly to work with an attorney to minimize the damage. As always, if you will be drinking, the use of a designated driver can help you reduce your risk of these charges.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: dailyjournalonline.com, “
</span>
<a href="http://dailyjournalonline.com/democrat-news/news/please-drive-safely-during-thanksgiving-weekend/article_4a846540-5e8e-5e92-848e-cf733c12ed78.html" target="_blank" style="display: initial;">
Please Drive Safely during Thanksgiving weekend
</a>
<span style="display: initial;">
,” November 18, 2015
</span>
</p>
</div>Consider alimony facts when going through divorce in Missouri2015-11-19T14:40:34Z2015-11-19T14:40:34Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
The plethora of decisions that need to be made when a
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce
</a>
<span style="display: initial;">
<span style="display: initial;">
is being settled can be endless and greatly depends on the individuals involved. For some people going through divorce in Missouri, alimony may be one of those issues that needs to be discussed and negotiated. Before agreeing to pay, receive or forgo any kind of alimony agreement, it is best to have a clear idea of the facts and the issues that may impact the role of alimony during and after a divorce.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
Alimony is determined based on a number of factors, including the length of the marriage. The income generated by both spouses or an individual party also affects alimony. The ability of each person to work and earn a living, along with any pertinent health issues, may also play a role in whether alimony is ordered and the length of time for which alimony is ordered.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Once an amount and timeline are on the table, each party may need to know more facts about alimony. One important factor to understand is that remarriage will impact an alimony agreement. Also, if the payer of alimony has a drastic reduction income or reaches retirement age, the alimony terms may be modified or the alimony can be discontinued.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Alimony can have a huge impact on both individuals after a divorce and for years to come. Alimony is also not a given right that will automatically be ordered in every case. Each individual pursuing a divorce in Missouri needs to explore how alimony may impact his or her divorce and what kind of action can be taken if permanent changes warrant a reduction in or halt to payments.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: huffingtonpost.com, “
</span>
<a href="http://www.huffingtonpost.com/caroline-choi/divorce-confidential-alim_b_8557042.html" target="_blank" style="display: initial;">
Divorce Confidential: Alimony — Are You On The Hook?
</a>
<span style="display: initial;">
“, Caroline Choi, Nov. 13, 2015
</span>
</p>
</div>Cross-over driver killed, 2 other drivers suffer serious injuries2015-11-18T14:48:07Z2015-11-18T14:48:07Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Traveling on busy Missouri highways can be extremely dangerous. Car accidents are common occurrences, and anybody can be involved in a crash. Lives can be changed by
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
serious injuries
</a>
<span style="display: initial;">
<span style="display: initial;">
in a matter of seconds, and, in many cases, people lose their lives.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Accident investigators are trying to determine why a driver crossed into approaching traffic on a recent Monday evening. The accident occurred on Missouri 9 in Riverside. Firefighters and police proceeded to the scene and found that three vehicles had been involved in the crash.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A preliminary accident report indicated that a northbound driver traveled across the center median and entered the southbound traffic lanes. The northbound vehicle collided with two approaching vehicles — an SUV and a sedan. These two drivers were both injured, and they were transported to a hospital in the area. Their injuries were reported to be non-life-threatening. The driver who is believed to have caused the crash died at the accident scene.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The two injured drivers will have to deal with their injuries and the medical expenses brought about by the treatment that could continue for some time. Furthermore, serious injuries can prevent victims from returning to work, causing additional financial stress. Working through the accident-related issues can be overwhelming. In a case in which the driver deemed responsible for the accident does not survive, personal injury claims may be filed against the estate of the deceased driver. Many injured car accident victims choose to leave these legalities in the hands of experienced car accident attorneys who can pursue compensation for documented financial and other losses on their behalves.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kctv5.com, “Man, 21, killed in 3-vehicle wreck in Riverside”, Chris Oberholtz, Nov. 17, 2015
</span>
</p>
</div>To buy or not to buy….rental car insurance2015-11-16T14:48:09Z2015-11-16T14:48:09Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
With the Thanksgiving holiday on the horizon, many people across Missouri are preparing to travel to see family and friends. Given how low gas prices are, it is expected that a greater number of people will take to the road to travel for the holiday weekend.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Indeed, most people will use their own personal vehicle, but it is becoming more common for people to rent cars for the holiday. After all, it may be cheaper the getting a plane ticket. Nevertheless, rental car companies are in business to make money, so it should be expected for those renting cars to be confronted with a host of other fees and options.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One of the most common is insurance. So the question is: should you be inclined to buy it?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While this does not qualify as legal advice, the decision to purchase additional insurance depends on one’s aversion to risk. Generally, a person’s auto insurance policy will cover them whether they are driving their personal vehicle or a rental car. Essentially, your policy and rates are based on your driving and safety record. Which are not necessarily affected when you choose a rental car for a few days.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Also, in the event you are injured, your personal health care insurance should be applicable. Indeed, you may have to deal with “out of network” costs in the event you are hospitalized. However, depending on who may be at fault in the accident, you may be able to recover those costs through a
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
personal injury lawsuit
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<br/>
</p>
<p>
In the meantime, it is helpful to check with your insurer to be certain about the transferability of your insurance.
</p>
</div>Should the qualified immunity of law enforcement be reduced?2015-11-12T14:48:10Z2015-11-12T14:48:10Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
We grant law enforcement great powers to carry out their duties, but in return for that authority, we expect they will set the example for proper adherence to the law. For their actions to be respected, it is essential that law enforcement be accountable to the law.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
Many instances recently have highlighted issues involving police use of force both here in Missouri and nationwide. When carrying out an arrest, officers are authorized to use force against noncompliant suspects. Officers are typically immune from being sued for their use of force, unless they violate standards of conduct that have been set by “clearly established law.”
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
What this means, is that in most insistences, unless there is a existing case directly on point or a statute that specifically addresses the circumstances of the arrest, the officers conduct is insulated from examination.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This is known as “qualified immunity.” It protects officers from prosecution when they are involved in an arrest. The problem with this degree of qualified immunity is that it is probably far broader than is necessary.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As a means of preventing police misconduct, making officers more accountable for their actions could go a long way. After all, if an ordinary citizen engages in reckless behavior, such as driving while intoxicated, they can be arrested and prosecuted for that recklessness.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The police always argue that they cannot have their actions questioned, as it could inhibit their judgment when making arrests. Given evidence that has emerged in the last few years, the real question is why not?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If law enforcement’s actions were always beyond reproach and they were always scrupulous in their conduct that might be a reasonable argument. But as events have shown, there are numerous examples where that conduct is not “beyond question.”
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Law officers are human. They are subject to the same pressures and biases as everyone else. However, by reason of their unique authority, they must be held to the highest standards of accountability. Without accountability, a culture of lawlessness is fostered within the very institution that we rely on to enforce the law.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: abovethelaw.com, “
</span>
<a href="http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/?rf=1" target="_blank" style="display: initial;">
Want to Fight Police Misconduct? Reform Qualified Immunity
</a>
<span style="display: initial;">
,” Sam Wright, November 2015
</span>
</p>
</div>Paternity issues affect Missouri parents and children2015-11-11T14:48:11Z2015-11-11T14:48:11Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The establishment of paternity influences many aspects of the parents’ lives and the lives of the children involved. Missouri parents need to understand just what will or can happen after paternity is established. This includes how paternity will impact their own rights because it will open the door to obligations they may not have thought of beforehand.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Legal orders of support can be established once paternity is established. This will include a child support order. Other forms of financial support may also be ordered as a result, such as past expenses related to the child. This can even include birthing expenses.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Aside from financial changes, paternity can open the door to legal rights for the parent, including rights to see the child and make important decisions regarding the child. Legal and physical custody rights can be pursued once paternity is settled. The amount of time a parent is allotted to spend with the child can vary greatly depending on what the parents want to pursue and the individual circumstances regarding the family in general.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Before or after a child is born, the establishment of paternity is important on both a legal and personal level for families. Anyone who is involved in either proving paternity of a child or fighting paternity needs to be aware of the legal documents that may be involved and what signing any legal documents really means for them, the other parent and the child involved. Missouri residents may feel overwhelmed and confused about paternity rights and obligations for both the short term and long term. Our website can help shed some light on
</span>
</span>
<a href="/family-law/paternity" style="display: initial;">
paternity
</a>
<span style="display: initial;">
issues in general.
</span>
</p>
</div>PaternityPedestrian accidents: 45-year-old man dies after being hit by car2015-11-09T14:48:13Z2015-11-09T14:48:13Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Because pedestrians are not likely to wear protective clothing, the results are often devastating when pedestrians are struck by cars. The impact of vehicles hitting pedestrians, even if the vehicle is moving at a low speed, can cause catastrophic injuries or even deaths in
</span>
</span>
<a href="/personal-injury/pedestrian-accidents" style="display: initial;">
pedestrian accidents
</a>
<span style="display: initial;">
. The Missouri State Highway Patrol reported that a fatal pedestrian accident is currently under investigation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
An accident report indicates that a pedestrian was walking along N Highway in Cape Girardeau County on the evening of a recent Thursday. Under undisclosed circumstances, a 29-year-old driver of a pickup truck hit a 45-year-old pedestrian. The pedestrian lost his life, and he was pronounced dead by the coroner. He was identified as a resident of Advance.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The driver of the pickup truck was uninjured. No further details related to possible impairment or charges were reported. The MSHP mentioned that this crash brought the total of fatal accidents in Southeast Missouri in 2015 to 52.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Although grief after the losses of loved ones in pedestrian accidents can be overwhelming, the surviving family members may pursue recovery of damages by filing wrongful death claims in a Missouri civil court. After negligence has been established, a court may consider awarding financial relief for several documented losses. While end-of-life expenses will form part of the immediate need, the loss of income from a deceased spouse who may have been the bread winner may also cause financial difficulties. Non-financial damages may also be claimed, such as the loss of companionship, love and support that are irreplaceable qualities that will be forever lost.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kfvs12.com, “MSHP: Pedestrian dead after being hit by car in Delta”, Amber Ruch, Nov. 5, 2015
</span>
</p>
</div>Pedestrian AccidentsWhat does violent mean in the context of felons possessing guns2015-11-06T14:48:14Z2015-11-06T14:48:14Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
If you are convicted of a felony in Missouri, you will lose certain rights after your conviction. These are referred to as “
</span>
<a href="http://www.moed.uscourts.gov/restoration-rights" target="_blank" style="display: initial;">
civil disabilities
</a>
<span style="display: initial;">
” and some of these disabilities will continue after you released from jail. For instance, you can never serve on a jury due to your conviction.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The loss of the right to possess a gun as a convicted felon is one of the more significant disabilities and a group of men are suing the State of Missouri, claiming that a newly passed amendment to the Missouri Constitution makes the state law prohibiting possession unconstitutional.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
Prosecutors are concerned that this case could allow, “gang members, drug dealers, domestic abusers and other criminals a right to carry guns.” The attorneys suing on behalf of the men argue that the constitutional amendment overrides the statute, and the state has not shown a “compelling interest” in regulating all felons possessing firearms.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The state claims that felons pose a greater danger to public safety and warrant the restriction. However, under the strict scrutiny that the law is subject to, the state must prove that it is constitutional, and not merely that in some cases it could be viewed as constitutional.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Because a few felons are violent and may reoffend with a firearm might not be sufficient to survive a strict scrutiny challenge. The Missouri Supreme Court ruled this year that the previous statute was constitutional, but that was before the amendment had been enacted.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The uncertainty with the law has led to some prosecutions being placed on hold until the Supreme Court issues its ruling. The law prohibits all felons from possessing firearms while the amendment allows the state to prohibit “violent felons” from having guns.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
The issue may come down to determining what “violent” means in this context. But the Court must be careful as such definitions could be used in other cases and lead to other unintended consequences.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: kansascity.com, “
</span>
<a href="http://www.kansascity.com/news/local/crime/article42444297.html" target="_blank" style="display: initial;">
Missouri Supreme Court again considers whether convicted felons can possess guns
</a>
<span style="display: initial;">
,” Tony Rizzo, November 2, 2015
</span>
</p>
</div>Missouri couples need to consider property division carefully2015-11-04T14:48:15Z2015-11-04T14:48:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
The decision about whether to keep a family home after a divorce can be one of the most complicated decisions a couple has to make. Those pursuing divorce in Missouri need to weigh the pros and cons of keeping their homes. Both parties should be aware of the financial ramifications of all the actions they take regarding
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
property division
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Often, spouses sell their home and split the equity as part of their property division agreement. However, if one party wants to stay in the home, that person may have to pursue a mortgage in his or her own name. That party first needs to qualify for a mortgage or make arrangements with the other spouse to help financially.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The fate of the mortgage does not only affect the person who wants to keep the home. The spouse who is leaving the home may have to seek a mortgage on his or her own for a new place. If that person has agreed to help the party who stayed in the home and is still on a shared mortgage, any missed payments can affect that person’s credit and ability to buy a new house.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Both parties in a Missouri divorce need to be clear about how property division will impact them individually. Staying in a house on one’s own may be good in theory, but moving on to a new home may be more beneficial. Before any decisions are made, each person needs to know the short- and long-term costs of property-related decisions.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The New York Times, “
</span>
<a href="http://www.nytimes.com/2015/11/01/realestate/divorce-and-the-shared-mortgage.html" target="_blank" style="display: initial;">
Divorce and the Shared Mortgage
</a>
<span style="display: initial;">
“, Lisa Prevost, Oct. 30, 2015
</span>
</p>
</div>Truck accidents: 7-vehicle crash on I-70 kills 2 truck drivers2015-11-02T14:48:17Z2015-11-02T14:48:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The eastbound lanes of Interstate 70 in Missouri had to be closed for several hours recently to allow cleanup operations after a multi-vehicle accident. Truck accidents are often deadly, and this wreck involved several tractor-trailers. In all, seven vehicles were reported to have been involved, and the weather may have played a part in the crash that claimed the lives of two people.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The Missouri State Highway Patrol reported that the crash happened in Callaway County on a recent Tuesday. It is suspected that it all started when a westbound pickup truck hydroplaned, causing a 46-year-old tractor-trailer driver to swerve to avoid colliding with it. However, the pickup truck struck the big rig and became partially wedged beneath the trailer. In swerving to avoid the crash, the tractor-trailer veered across into the eastbound lanes and smashed into a pickup truck and another big rig that was driven by another 46-year-old driver.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Another eastbound tractor-trailer then crashed into the wreck that was already in progress, and this was followed by two passenger vehicles also smashing into the big rigs. The 42-year-old driver of the pickup truck that seems to have started the chain reaction of crashes suffered only minor injuries, and she was released after treatment. The driver of one of the passenger cars suffered serious injuries, and three more people suffered moderate injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Sadly, the two drivers of the first two tractor-trailers did not survive the multiple
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
truck accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
that followed the suspected hydroplaning of the pickup truck. The surviving family members of the deceased drivers and the injured parties may have viable claims to the recovery of financial and other losses. However, determining who to hold responsible may be tricky in a case involving multiple vehicles. The services of experienced vehicle accident attorneys may be invaluable to the decedents’ loved ones and the injured victims who may want to pursue financial relief through personal injury and/or wrongful death litigation in a Missouri civil court.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: columbiamissourian.com, “
</span>
<a href="http://www.columbiamissourian.com/news/local/update-two-people-die-in-seven-vehicle-crash-in-callaway/article_40372578-7cc3-11e5-b740-7f8fde3f4f84.html" target="_blank" style="display: initial;">
UPDATE: Victims identified in seven-vehicle crash in Callaway County
</a>
<span style="display: initial;">
“, Oct. 28, 2015
</span>
</p>
</div>Truck AccidentsCriminal fines, in more than one way2015-10-29T14:48:18Z2015-10-29T14:48:18Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Much has been made of the use of fines and other charges associated with the criminal justice system. The aftermath of Ferguson here in Missouri has brought in to focus the heavy subsidy these fines and fees provide for the courts, prosecution and even the police. The use of fines and fees no longer serve any justice related purpose, but instead fund the systems operation.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
At one time, the courts and the rest of the criminal justice system were viewed as an essential function of government. It was expected that taxes would fund the operation, and while some fees or fines would be imposed, they would serve a minor administrative or punitive function, and not be expected to fund the majority of the operation of the city government.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
In a chicken-or-egg scenario, since the 1970s, the criminal justice system has been expected to deal with more complex issues as other areas of government have shrunk or never were developed.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The war on drugs began and was used to incarcerate increasing numbers of offenders, increasing many operational costs to the system.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As the mentally ill were deinstitutionalized in the 1970s, no adequate apparatus was created to respond to this issue, and it fell the police and criminal justice system to deal with these individuals on an ad hoc basis.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The underlying problem for the criminal justice system is it can never be self-funding, as that creates pressures on entities to use the police to drive revenue, as was demonstrated by a city like Ferguson.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
It also appears in cases involving civil forfeiture, where law enforcement becomes aggressive in seizing property to adequately fund their own operational needs.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
None of these practices produces “justice.” While it may make sense to use fees and fines in some circumstances, in the criminal courts, where up to 80 percent of defendants are indigent, it becomes one more symptom of a broken system.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: brennancenter.org, “
</span>
<a href="https://www.brennancenter.org/blog/curbing-cash-register-style-justice" target="_blank" style="display: initial;">
Curbing Cash Register Style Justice
</a>
<span style="display: initial;">
,” Lauren-Brooke Eisen, October 26, 2015
</span>
</p>
</div>Drug ChargesCar accidents: Driver convicted for child's death in 20132015-10-28T14:48:30Z2015-10-28T14:48:30Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
A Missouri man was recently accused by a prosecuting attorney in a criminal case of refusing to take responsibility for his actions that led to the tragic death of a 12-year-old girl in Nov. 2013. After about three hours of deliberation, a jury convicted the man of first-degree involuntary manslaughter. His sentencing hearing is scheduled for Dec. 7. Criminal convictions of responsible parties typically benefit any civil lawsuits that may be filed by families who have lost loved ones in
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to accident reports, the 35-year-old man was traveling on an Audrain County road at a speed exceeding 75 mph on a November evening in 2013. He apparently proceeded to pass a pickup truck that had slowed down with the intention to make a left turn. He smashed into the truck’s left side with such force that his car veered off the roadway. The car overturned and landed in a ditch.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The 12-year-old girl who was a passenger in the front passenger seat reportedly died on impact. It was also mentioned that the drivers of the car and the pickup truck were involved in a game of CB-tag that is a type of hide-and-seek game played by drivers. The accident was investigated by the Missouri State Highway Patrol’s Major Crash Investigation Unit.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Parents in Missouri who have lost children in car accidents that resulted from the negligence or reckless driving of adults who were entrusted with the safety of the children will naturally desire to see justice done. At the same time, the surviving family members may have to face the many financial consequences of such a tragic death. Successfully documenting negligence by appropriate evidence of wrongdoing in a wrongful death claim may lead to a civil court entering a monetary judgment. All claimed financial losses must be properly documented for consideration by the court.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/crime/audrain-county-jury-convicts-centralia-man-for-accident-that-killed/article_28b5cc1d-7f52-5727-8bc1-655a7ee37ce4.html?comments=focus" target="_blank" style="display: initial;">
Audrain County jury convicts Centralia man for accident that killed 12-year-old
</a>
<span style="display: initial;">
“, Oct. 21, 2015
</span>
</p>
</div>Pet issues may be included in property division agreements2015-10-27T14:56:44Z2015-10-27T14:56:44Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Property division issues can get complicated for any family going through a divorce. While child custody issues have their own unique place in family court, the decision as to where a beloved family pet may end up is considered part of the
</span>
</span>
<a href="https://www.lawmissouri.com/divorce-and-family-law/property-division/" target="_blank" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
process. Missouri courts and courts all over the country have seen a rise in cases where the fate of the family pet, typically a dog, must be decided as part of a divorce.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
One common way of deciding who basically gets the dog follows whatever the plan may be in place for any children involved. The family pet can simply go with the children. As simple as that may sound, it may not always be a feasible solution, particularly if there are no children involved. In some cases, it will be decided who brought the pet into the marriage, and a decision will be based off of that.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If the pet was bought by both parties, the court may have to weigh each person’s role in the care of the pet. This can include who does most of the caretaking. This can include veterinary appointments and the actual work of caring for the pet.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
When a pet is part of a property division process, Missouri couples may need to weigh not only how much each party may want the pet but, ultimately, what the responsibility will entail. The cost of dog day care, dog walkers and other expenses need to be considered when property division and support matters are being negotiated. It can be best to provide a detailed list of costs and factor that into a property division agreement if possible.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: bismarcktribune.com, Who gets the dog in a divorce?”, Oct. 25, 2015
</span>
</p>
</div>The complexity of juvenile life without parole sentences2015-10-22T14:56:47Z2015-10-22T14:56:47Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In a case that could affect a number of Missouri cases, the U.S. Supreme Court will consider whether its rulings related to juvenile sentencing should have a retroactive effect on cases involving juveniles who were sentenced under automatic rules to life in prison without parole.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Missouri has struggled to change its sentencing laws to comply with a series of Supreme Court cases and if the case before the court gives Miller v. Alabama retroactive effect, inmates in dozens of Missouri cases will have to receive resentencing.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
The Miller case prohibited automatic life without parole (LWOP) sentences for juveniles and Montgomery case could decide if Miller will apply to all cases where the sentencing was final prior to the Miller decision in 2012.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The life without parole for juveniles became an issue in the 1990s when the media hysteria drove the creation of “superpredators” and a demand for draconian punishment. Research and experience have shown that this was wrong and not an accurate assessment of juvenile behavior. Most states have reduced or eliminated the use of LWOP sentences. Missouri has yet to amend its statutes.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
There is the added complexity in Montgomery whether the Supreme Court has jurisdiction to decide the issue, because it arose from a state court case and not from the federal courts. This
</span>
</span>
<a href="http://www.scotusblog.com/2015/10/a-new-look-maybe-at-life-sentences-for-youths/" target="_blank" style="display: initial;">
jurisdiction issue
</a>
<span style="display: initial;">
<span style="display: initial;">
is important, but separate from the issue of retroactive application of Miller, and could derail a ruling if the Court determines it does not have jurisdiction.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While some of those involved in the cases in Missouri are concerned about the potential of resentencing of some of the offenders, if resentencing is required, it does not imply that any of these men will be released.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Missouri’s current murder statute remains unconstitutional under Miller and the legislature needs to address this, but has failed to resolve this issue. The topic is complex because LWOP is very expensive for the state because these inmates will grow old in prison and their healthcare costs will exponentially increase as they age.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
In addition, it is mixed with difficult issues of rehabilitation and retribution. Victim’s families never want them released. Additionally, after 30 or 40 years in prison, how could they earn a living? Who would hire a 50-year-old former prisoner who has never worked outside a prison?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: stltoday.com, “
</span>
<a href="http://www.stltoday.com/news/local/crime-and-courts/missouri-with-many-juvenile-lifers-lags-in-response-to-supreme/article_661f1662-6246-55f6-b025-beba9a87dc1e.html" target="_blank" style="display: initial;">
Juvenile life terms still up in air after court case
</a>
<span style="display: initial;">
,” Jennifer S. Mann, October 18, 2015
</span>
</p>
</div>Did driver negligence cause fatal cross-over accident?2015-10-22T14:56:45Z2015-10-22T14:56:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
In many
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car crashes
</a>
<span style="display: initial;">
<span style="display: initial;">
on Missouri roads, the cause of the accident is easily identifiable. As is typical in accidents that involve fatalities, cross-over accidents call for an accident reconstruction team to identify exactly what occurred, including any evidence of negligence. One such accident claimed the lives of two people and caused serious injuries to three others on a recent Wednesday afternoon.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to the Missouri Highway Patrol, a 30-year-old Mustang driver with two passengers was northbound on Highway 221 in St. Francois County when he drove across the center line, directly into the path of a southbound minivan. After the unavoidable head-on crash that followed, the 50-year-old minivan driver was hospitalized; she later succumbed to severe injuries. A 42-year-old minivan passenger was rushed to a hospital with moderate injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A 33-year-old passenger in the Mustang died at the crash scene. The driver of that vehicle and the other passenger suffered serious injuries. They were transported to medical facilities by helicopter and ambulance, respectively. The conditions of the three survivors of this crash are unknown.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Based upon the preliminary accident information, the Mustang driver may face several civil lawsuits for damages. The surviving family members of the two individuals who lost their lives, along with the two victims who suffered serious injuries, are entitled to pursue claims for financial relief by filing wrongful death or personal injury suits in a Missouri civil court. Negligence will have to be documented in each claim. Once financial liability is established, a judge may enter monetary judgments to cover documented financial and non-financial losses that were brought about by the accident.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: dailyjournalonline.com, “
</span>
<a href="http://dailyjournalonline.com/news/local/accidents/update-mshp-confirms-two-died-in-crash-on-hwy-today/article_f615d115-95f3-5d64-ba83-8a91cd062a31.html" target="_blank" style="display: initial;">
UPDATE: MSHP confirms two died in crash on Hwy. 221 today
</a>
<span style="display: initial;">
“, Oct. 14, 2015
</span>
</p>
</div>Grandmother flees to reservation to avoid child custody issue2015-10-20T14:56:48Z2015-10-20T14:56:48Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
The laws governing reservations in the United States and the rights and protections of those on reservations can be in direct conflict with the state law or rights of individuals outside of the reservation. A
</span>
</span>
<a href="/family-law/child-custody" style="display: initial;">
child custody
</a>
<span style="display: initial;">
<span style="display: initial;">
case is currently unfolding as a dispute between a father and grandmother of two children leads to that grandmother seeking refuge on a reservation. Those in Missouri who have tribal affiliations may be interested in the grandmother’s actions and potential consequences.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The case making news involves the Northern Cheyenne Tribe. The mother of the two boys is a member of the tribe. The grandmother took the boys there as they were living with her at the time she was ordered to turn them over to the biological father in another state. While on the reservation, she cannot be arrested for not abiding by the court order.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The grandmother claims the father provides an abusive home and is unfit to be the custodial parent of the children. She has also filed for grandparent visitation, but the outcome of that case is pending. Authorities say the father has been investigated, and there is no justification for claims of abuse. The grandmother was facing felony charges for not handing over the children, and those have been dismissed by one state but may still be filed by the other state involved. The reservation has said it will not get involved with the case at this time.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The different entities and states involved in any child custody case in Missouri can make the process more complicated. However, not abiding by an order pertaining to handing over children can lead to serious criminal consequences and impact future custody decisions. Parents may want to negotiate resolutions that work in the best interest of the children, or they work with legal representatives to ensure any court order is fair as well as to understand exactly what the consequences may be if one party does not abide by that court order.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: ktvq.com, “Grandmother in custody dispute no longer facing charges in Montana”, Simone DeAlba, Oct. 14, 2015
</span>
</p>
</div>Child CustodyChild custody decisions involve several components2015-10-14T14:56:49Z2015-10-14T14:56:49Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When parents separate and need to make important decisions regarding minor children, there is a lot more to consider than just where a child will sleep at night. There are two separate elements in most every child custody case. Missouri parents often must address issues concerning both legal custody and physical custody, and it is important to understand the difference between the two.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Legal custody refers to the actual decision making that needs to be handled by a parent, whether the child is with that parent at that time or not. For example, legal custody gives a parent the right to make decisions and have a say in matters concerning a child’s education and health care. Religious decisions involve input from a parent who has legal custody of a child. Legal custodial rights may be shared by both parents regardless of the time a child spends with each parent.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The other component of child custody that needs to be addressed is physical custodial rights. This outlines when and where a child spends time with each parent. Missouri courts focus on ensuring the best interests of the child are protected and will make decisions regarding physical custody that are determined to be in the best interest of the child. Typically, the courts strive towards joint custodial rights which refers to spending somewhat equal time with each parent. While thought of as even and most fair, the actual time breakdown does not necessarily mean an equal number of days.
</span>
</p>
<p>
<br/>
</p>
<p>
<a href="/family-law/child-custody" style="display: initial;">
Child custody
</a>
<span style="display: initial;">
agreements can get complicated and often require rounds of negotiations and possibly even litigation as the child grows and needs change. It is important to understand the intricacies of a child custody agreement and how to deal with situations that may require a modification to a child custody order. Missouri parents who want to understand more about the difference between legal and physical custody can learn more on our firm’s website.
</span>
</p>
</div>Child CustodyPrevalence of car and truck accidents on I-44 causing concern2015-10-13T14:56:50Z2015-10-13T14:56:50Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Drivers who regularly use the stretch of Interstate 44 between Halltown and Mount Vernon have reported concern about their safety. The Missouri Department of Transportation was asked to analyze the crash rate on this section of the roadway after multiple recent
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
truck accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
and other collisions have caused chaos. It appears the unexpected curve in a long stretch of straight road catches drivers unaware.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It was reported that 11 crashes occurred in the same area at almost the same time over Labor Day weekend. More recently, a semi truck crash caused long delays. The crash rate turned out not to be any worse than that of the Interstate as a whole, and authorities believe it is a result of the increased number of vehicles using the roadway. Although rumble strips and cables have been added by the Missouri Department of Transportation, widening of the roadway is apparently not in the pipeline.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The wrecks commonly cause significant traffic delays, and in many cases emergency vehicles and medical helicopters have to get in to attend to injured motorists. These problems, and the clearing up and accident investigation afterward, prolong the delays. Drivers were urged to maintain safe following distances and be alert at all times.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While there seems to be no solution to the problem in the foreseeable future, motorists remain vulnerable on Missouri highways. Accidents will likely continue to occur when drivers lose concentration or engage in other forms of negligence. Victims of car or truck accidents — or families who lost loved ones under such circumstances — are entitled to pursue financial relief by filing personal injury or wrongful death claims in a civil court. Negligence by another party or parties must be established by appropriate evidence before a monetary judgment will be considered. If such a claim is successful, documented losses such as medical expenses and/or end-of-life costs may be awarded, along with other losses as allowed under applicable laws.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: ky3.com, “Recent wrecks on I-44 west of Springfield concern drivers”, Linda Russell, Oct. 1, 2015
</span>
</p>
</div>Truck AccidentsRoad rage shooting leads to 15 years in prison2015-10-09T14:56:52Z2015-10-09T14:56:52Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Most people like to believe they are honest, upstanding citizens in Missouri and that they never need to worry about the criminal justice system or the courts, as they never do anything illegal.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
They never plan to sell drugs or steal money at work or commit any crime. Few even believe they would drink too much and be at risk for a DUI. Unfortunately, a quick perusal of the cases that work their way through the criminal courts here in Columbia and elsewhere in Missouri, will reveal many cases where it is clear events happened with little planning.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
A man from Bunker was sentenced this week to 15 years in the Missouri State prison system for a “road rage” incident. This is a perfect example of how poor choices made during a situation can turn an innocent drive into a series of events that end with a prison door slamming shut.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
A pickup was driving near a Wal-Mart when another vehicle cut the driver off. As so often happens, the driver of the pickup then maneuvered back in front of the other vehicle. At this point, that driver pulled a handgun and fired two shots at that pickup, striking the tailgate.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
He may have been lucky. Had the bullets struck the occupants and killed one or both, he might have been facing a murder charge and perhaps a very long time in prison.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Road rage is easy to incite and you never know the mood of the other individual or how they are armed. Driving courteously is the best way to avoid ever starting the chain of events that could lead to your facing a judge in a courtroom informing you of your prison sentence.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: semissourian.com, “
</span>
<a href="http://www.semissourian.com/story/2239048.html" target="_blank" style="display: initial;">
Man gets 15 years for ‘road rage episode’
</a>
<span style="display: initial;">
,” MICHELLE FRIEDRICH, Daily American Republic, October 9, 2015
</span>
</p>
</div>Missouri motorcycle accidents: Teen injured intersection2015-10-07T14:56:53Z2015-10-07T14:56:53Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Driving a vehicle is innately dangerous. Drivers in Missouri, or any other state, never know when another driver on the road is going to make a bad judgment call that will ultimately result in a motor vehicle collision. Furthermore, riding a motorcycle is considerably more dangerous, because injuries resulting from
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
are often more severe. A recent accident involving a motorcycle and a car sent a young man to the hospital.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The two-vehicle accident occurred at an intersection in Joplin on a recent Tuesday around 4:00 p.m. A 16-year-old male was riding his motorcycle westbound. At that time, a 20-year-old woman was driving her vehicle toward the east when she allegedly attempted to make a left turn.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
According to the police report, the woman turned in front of the teen on the motorcycle, causing the collision. The 16-year-old motorcyclist was taken to a nearby hospital to be treated for his injuries. No information has been released on his condition, and no information is available regarding the status of the driver of the car.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Victims of motorcycle accidents have the right to pursue personal injury lawsuits in Missouri civil court if the other drivers in the accidents are believed to have been negligent. When facing substantial medical bills, loss of income, and pain and suffering due to injuries suffered in a motorcycle accident, seeking the assistance of an experienced lawyer may be beneficial. A successful claim may result in compensation to help pay for the costs resulting from an accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: joplinglobe.com, “
</span>
<a href="http://www.joplinglobe.com/news/crime_and_courts/joplin-man-hurt-in-accident-at-intersection/article_62e11540-3576-5429-81aa-3f93f7003ae5.html" target="_blank" style="display: initial;">
Joplin man hurt in accident at intersection
</a>
<span style="display: initial;">
“, Jeff Lehr, Oct. 2, 2015
</span>
</p>
</div>Divorce proceedings continue for high-profile couple2015-10-06T14:56:54Z2015-10-06T14:56:54Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
While some
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorces
</a>
<span style="display: initial;">
<span style="display: initial;">
may be timely and some agreements are easily reached, others may be more contentious and some disputes take longer to resolve. This seems to be the case for a high-profile couple whose divorce has gone on for over a year. Missouri couples with prenuptial agreements may be able to relate to the disagreement the couple is having regarding a prenuptial agreement, among other sticking points.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
The husband is the founder of the hedge fund Citadel. He filed for divorce in 2014 and says there is a prenuptial agreement in effect that was signed in 2003. The husband says the wife was counseled by legal professionals when she signed the agreement and claims that she has already gotten $40 million from the prenuptial agreement terms.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The wife wants the prenuptial agreement tossed out. She is now saying it was signed under duress. She contends that she is also seeking monthly child support that amounts to less than 2 percent of the husband’s income. The law for support in the state in which they filed allows support to be up to 32 percent of the payor’s annual income.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Finding resolutions to prenuptial agreement disputes can increase the amount of time divorces take and increase the amount of money the parties must invest toward finding workable solutions. Disputing a prenuptial agreement during a divorce may be difficult, but there are circumstances under which such an agreement may be voided, such as when one is signed under duress. In Missouri, couples can explore negotiations and mediation as means of dispute resolution or rely on litigation to ensure fair and just resolutions to divorce-related disputes, as long as the parties are prepared for the increased amount of time litigation may take.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Chicago Tribune, “
</span>
<a href="http://www.chicagotribune.com/business/ct-griffin-divorce-subpoena-1004-biz-20151002-story.html" target="_blank" style="display: initial;">
Griffin divorce ensnares high-finance execs, limo drivers, photographer
</a>
<span style="display: initial;">
“, Becky Yerak, Oct. 5, 2015
</span>
</p>
</div>Guilty verdict in Columbia murder case2015-10-03T14:56:56Z2015-10-03T14:56:56Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
A Columbia man was convicted of murder this week after a jury came to a guilty verdict in the case. He was accused of stabbing a man in his home after that man spoke with his girlfriend. The dead man’s body was found across a yard on the steps of a nearby home. The accused man claimed he knew nothing about the
</span>
</span>
<a href="/criminal-defense/expungement" style="display: initial;">
murder
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There was DNA evidence tying a knife found in the accused man’s home to the victim, but there was contradictory evidence that there was no blood found on the accused man’s clothing from that night.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
But what is perhaps most notable about the story is how the prosecutor conflated the accused man’s behavior with being indicative of guilt. The prosecutor said “rather than acting like an innocent person would have, he’s making all kinds of statements like, ‘I don’t know nothing about nothing.'”
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Of course, if he were genuinely innocent, perhaps he wouldn’t have known “nothing about nothing.” Case law and the records of exonerated victims are full of cases where people accused of crimes “act like an innocent person” and the prosecution uses that behavior as an indication of their guilt.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
They are characterized as being callous and showing no remorse, or of cleverly hiding their guilt behind protestations of innocence. In reality, once law enforcement has focused its efforts on an individual, the only “cooperation” they expect from the accused is a full and complete admission of guilt.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you want to truly “help your case,” once you are under investigation, stop speaking to the police and demand to speak with an attorney. Nothing you say to the police will “help your case,” but it could help get you convicted.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/crime/jury-delivers-guilty-verdict-in-central-columbia-murder-case/article_36920122-c9f4-5acb-98fe-cb21cccc5836.html" target="_blank" style="display: initial;">
Jury delivers guilty verdict in central Columbia murder case
</a>
<span style="display: initial;">
,” Alan Burdziak, October 1, 2015
<br/>
</span>
</p>
</div>Missouri fatal motor vehicle accidents leave families distraught2015-09-30T15:05:07Z2015-09-30T15:05:07Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Every time that Missouri drivers and passengers enter a vehicle for a commute, errand or date, etc., they risk the hazards of the road. No one can ever know when the driver of another vehicle is going to make a decision or mistake that will change lives. Fatal motor vehicle accidents are likely the most devastating events that can happen to the victims and their friends and family.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On a recent Friday morning, a multi-vehicle crash occurred in Texas County, about six miles south of Houston. The Missouri Highway Patrol reports that a northbound vehicle on U.S. 63 crossed the center line around 10 a.m. The vehicle sideswiped a motorcyclist and then hit another car head-on.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The 30-year-old woman who was driving the car that was hit head-on was pronounced dead on the scene. The motorcyclist and the driver of the car that crossed the center line were taken to a nearby hospital to be treated for serious injuries. No further information was reported regarding the accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
In
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
fatal motor vehicle accidents
</a>
<span style="display: initial;">
, investigations are often carried out to determine what driver was at fault. When the gathered evidence suggests negligence on the part of one or more parties, the surviving family members of a deceased victim retain the right to sue the those believed to have been at fault. Though a wrongful death claim will not bring back the loss of a loved one, a successful claim — which is typically handled by an experienced personal injury attorney — may result in compensation from a driver found financially responsible.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: ozarksfirst.com, “Texas County Woman Killed in Multi-Car Crash Friday”, Sept. 26, 2015
</span>
</p>
</div>Pursuing divorce in Missouri takes preparation2015-09-28T15:05:08Z2015-09-28T15:05:08Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The decision to seek a divorce is not one that is typically taken lightly. In addition, making the decision to proceed with a divorce is merely the beginning. Regardless of how long a couple has been married or how much they may have accumulated in assets, there are certain steps that must be taken. Missouri couples may find the following steps to be essential as each party strives toward reaching a full and fair resolution of all important issues.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One first and vital step is to gather important financial documents. This includes tax returns, credit card statements, mortgage documents and other financial records. Credit must also be taken into consideration by both parties. Once a divorce is on the table, it is recommended for each party to obtain a copy of his or her credit report and make note of any errors and possible activity on joint credit card accounts
</span>
</p>
<p>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Even before
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
decisions are made and assets are divided, any joint bank accounts need to be addressed. The sooner each party can open his or her own account or accounts, the better. As long as both names are on an account, either party may be able to remove all of the funds.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While there may be many issues to address beyond financial issues and separating accounts, securing funds for the short-term and securing investments for the long-term are important steps for each party in a Missouri divorce. Once existing financial issues and accounts are addressed, both parties can have a realistic picture of what to expect going forward. Organization and proper preparation can help make the entire process less contentious and stressful as the divorce unfolds.
</span>
</p>
</div>Predictive policing or harassment?2015-09-26T15:05:09Z2015-09-26T15:05:09Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Scientific experiments, in order to be considered, successful, must be reproducible. It is the ability to replicate a predicted outcome with an actual outcome that informs a researcher that their hypothesis is potentially correct.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The latest trend in policing and crime control is “predictive policing.” This is a typically based on a series of algorithms that use predictive analytics in combination with large data sets to identify patterns of crime and other behavior which is supposed to provide clues as to where the police should focus their efforts to prevent future crimes.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
According to the NYT article, they use data including “previous arrests; unemployment; an unstable home life; friends and relatives who have been killed, are in prison or have gang ties; and problems with drugs or alcohol” which suggests who is likely to be involved in criminal actions.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While some of these programs have been in place for years, it is still difficult to show that the predictive policing is a factor in changes to various crime rates. In Kansas City, Missouri, the program has been used against a backdrop of falling murders, but it is unclear if this is causation or merely correlation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Like any mathematical model, the outcome is dependent on the assumptions used in its creation. And this leads to the issue of is it really predictive or merely confirming biases built into the queries?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The larger concern for all Americans is that this technology will only grow as larger and larger data sets become available to be mined. As our individual privacy evaporates with our anonymity, we must remain vigilant that our data mines do not turn into a coal mine and we all become the canaries.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: nytimes.com, “
</span>
<a href="http://www.nytimes.com/2015/09/25/us/police-program-aims-to-pinpoint-those-most-likely-to-commit-crimes.html?hp&action=click&pgtype=Homepage&module=first-column-region&region=top-news&WT.nav=top-news&_r=1" target="_blank" style="display: initial;">
Police Program Aims to Pinpoint Those Most Likely to Commit Crimes
</a>
<span style="display: initial;">
,” John Eligon And Timothy Williams, September 24, 2015
</span>
</p>
</div>Who is at fault in fatal motor vehicle accidents?2015-09-25T15:05:10Z2015-09-25T15:05:10Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
It is incredibly sad to lose a loved one in a car accident. Fatal motor vehicle accidents are something that no one thinks could happen to them or someone they know. Unfortunately, no one can ever know when an accident will occur. A recent fatal accident in Missouri is still under investigation to determine who was at fault.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The accident occurred on a recent Saturday afternoon at around 3:55 p.m. at an intersection in Columbia. A 15-year-old with permit was driving a Nissan sedan with two passengers, ages 48 and 9. The Nissan was struck on the passenger side when making a left turn by a Ford sedan driven by a 30-year-old female and containing four children passengers.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The individuals in the Nissan were all taken to a nearby hospital. The driver suffered serious injuries and the 9-year-old passenger was in critical condition; the 48-year-old passenger was in critical condition and later was pronounced dead. The driver of the Ford suffered moderate injuries. The police department does not suspect drugs or alcohol to have been a factor in the accident. The investigation has not yet resulted in charges against any driver.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
With regard to fatal Missouri fatal accidents, when a driver is deemed negligent, the victim has the right to pursue a lawsuit in a civil court. If the victim died, his or her surviving family may pursue a wrongful death claim against the driver believed responsible and any other party with an ownership interest in the vehicle operated by that driver. A successful claim may result in monetary compensation for losses related to the accident, including medical costs, funeral expenses and other losses based on evidence pertaining to the accident.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/local/columbian-killed-in-scott-boulevard-crash/article_1a5141e8-8a57-559d-aa3e-189588ea2f3a.html" target="_blank" style="display: initial;">
Columbia resident killed in Scott Boulevard car accident
</a>
<span style="display: initial;">
“, Sept. 21, 2015
</span>
</p>
</div>Issues with paternity involve serious legal decisions2015-09-22T15:05:11Z2015-09-22T15:05:11Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The process of establishing paternity of a child should be taken seriously as it can affect every aspect of a parent or potential parent’s life. Paternity can also impact a Missouri parent’s finances in every way. Regardless of the relationship between two parents, legal support and guidance for any paternity issue can help ensure the process is fair and that the rights of parents and children are respected and upheld.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The process of establishing legal paternity leads to important decisions being made. Some of those decisions pertain to basic support. Other financial matters related to the child will also be determined once paternity is legally established. A legal child support order will be drafted, and representation can help address any unique circumstances involved.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Financial aspects of paternity may only be the tip of the iceberg. Matters related to custody will be decided based on paternity. This can include physical custody and the aspects of decision making rights for the child. These aspects of a paternity situation can easily become complex and emotional, meaning clear-headed legal guidance may be necessary in order to ensure the fairest outcome possible.
</span>
</p>
<p>
<br/>
</p>
<p>
<a href="/family-law/paternity" style="display: initial;">
Paternity
</a>
<span style="display: initial;">
can be a highly personal journey and an emotional process in general. Many may find themselves in a situation where they seek to establish paternity, but they are unsure of what may happen next or how their lives will be affected in both the short-term and long-term. Our firm has more information about paternity in general and what all establishing paternity may mean for someone in Missouri.
</span>
</p>
</div>PaternityDid he really plan on shooting anyone?2015-09-18T15:05:12Z2015-09-18T15:05:12Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Speaking with the police is always fraught with peril. While you may believe, and the police may tell you, the just want to talk, in reality, they never “just want to talk.” That is only one of the many interrogative techniques that are favored in just about every law enforcement agency in Missouri and the U.S.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
When you are speaking to the police, they are likely steering your conversation in such a way that they obtain the result they expect or need. If you are suspect in a crime or are merely “part of the investigation,” you should beware. In most cases, they want you to confess to something, as they do not have time to waste resources on idle chatter.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
If you suffer any mental impairment, you are at an even greater risk of making a statement that could implicate you in a crime, even in cases where no crime actually occurred. One man in Missouri has a case going to the state Supreme Court to determine if his conviction is valid.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
He had purchased guns. He had suffered depression. He went target shooting. He gave the guns to his girlfriend’s father. That is the extent of the solid evidence against him. Was he about to go on a mass killing spree? Or, because of his mental condition, was he confused and manipulated into confessing actions he never actually contemplated?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
You see, a police interrogation is something no one ever wants to endure. The history of American law is replete with example after example of police manipulating or coercing confessions. Ordinary people have been talked into confessing by police simply to end the ordeal.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
That a man suffering from mental illness could be sent to prison with no evidence of wrongdoing and on only the thinnest of speculation seems truly criminal.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: news-leader.com, “
</span>
<a href="http://www.news-leader.com/story/news/crime/2015/09/18/will-supreme-court-free-bolivar-man-convicted-planning-mass-murder/72387458/" target="_blank" style="display: initial;">
Behind bars for just thinking?
</a>
<span style="display: initial;">
” Jackie Rehwald, September 18, 2015
</span>
</p>
</div>Property division agreements in Missouri can involve pets2015-09-15T15:05:15Z2015-09-15T15:05:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
When it comes to splitting
</span>
</span>
<a href="/family-law/hidden-assets-marital-fraud" style="display: initial;">
marital property
</a>
<span style="display: initial;">
, there may be much more at stake beyond who gets the china. There are an increasing number of cases where the fate of a family pet is being disputed and becoming a vital part of a property agreement. Despite the importance of pets in Missouri families, they are legally regarded as property and still treated as such, even though judges and courts are beginning to change that stance individual cases dealing with property division.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There have been cases where the fate of a pet is decided much like custody of a child. For example, one couple fought over custody of a dog. Shared custody of the dog was eventually granted, and it was referred to as shared possession. The shared experience went on for years, and one party reflected on how difficult it was for family members to do the actual exchange of the pet.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Another case that was noted and shows the importance of a pet in a divorce involved a cat. The wife wanted the cat, and the husband had the cat. The emotional attachment to the cat was basically used as a means of negotiating more visitation with the child the couple had between them.
</span>
</p>
<p>
<span style="display: initial;">
Missouri property division agreements are as unique as the couples involved. It is not unusual for sentimental or beloved shared property to be used in negotiations between a couple. When that property is a pet, the attachment of both parties may need to be legally addressed and a shared possession situation may be the best option for that individual couple.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: northjersey.com, “All’s fair in love and war and pet custody battles”, John Petrick, Sept. 1, 2015
</span>
</p>
</div>Property DivisionInjuries caused in Missouri car accidents2015-09-15T15:05:14Z2015-09-15T15:05:14Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Driving a vehicle is inherently dangerous. There are countless hazards on the roads that can lead to car accidents and serious injuries. Unfortunately, Missouri drivers are subject to these dangers every time they travel in a car.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A motor vehicle accident occurred at 3:30 p.m. on a recent Friday afternoon in Ralls County. An 18-year-old female was driving northbound in a pickup truck and attempted to turn left, ending up in the path of an eastbound car operated by a 58-year-old woman. The two vehicles crashed about 10 miles outside of New London.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to the Missouri State Highway Patrol, the woman in the car suffered serious injuries and was airlifted to a hospital. The driver of the pickup truck suffered moderate injuries and was taken to a nearby hospital via ambulance. The Highway Patrol stated that neither driver was wearing a seat belt. The scene of the crash was also aided by the Ralls County Sheriff’s and Fire Departments.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
It is a sad fact that car accidents occur daily on Missouri roadways. When someone is seriously injured in a car crash, it may be difficult for that person to continue life as it was before the accident. An injured party retains the right to file suit against another party to a collision whose
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
negligence
</a>
<span style="display: initial;">
<span style="display: initial;">
is deemed to have caused the accident and injuries that resulted. A successful claim could result in monetary compensation that could make a significant difference in the recovery process after being injured in a car accident.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: whig.com, “
</span>
<a href="http://www.whig.com/story/30017590/two-drivers-injured-in-two-vehicle-crash-east-of-new-london" target="_blank" style="display: initial;">
Two drivers injured in two-vehicle crash east of New London
</a>
<span style="display: initial;">
“, Sept. 12, 2015
</span>
</p>
</div>The police should get hip to HIPE2015-09-13T15:05:16Z2015-09-13T15:05:16Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When it comes to crime reporting, nothing is more eye-catching than a statistic. In addition, because they consist of numbers, they carry an air of objectivity. They are not mere opinions, they are ‘facts.’ Of course, without analysis that tells what a statistic ‘means,’ an inherently subjective activity, the objective number is really meaningless.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Which is, to some degree, their value. Various interest groups can assign any number of meanings to crime statistics to further their own agenda. One criminologist and former police officer is suggesting that reliance on the statistics of some violent felonies is misleading, such as murder statistics. As he argues because of the way in which many homicides occur, policing stats involving homicide really don’t tell you much about the state of the community.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Murder is difficult to predict and prevent, because it typically is private, between parties who know each other and occurs indoors. Police cannot know when a domestic dispute is going to erupt into murder, or when words pass in a bar and a
</span>
</span>
<a href="/criminal-defense/murder-and-manslaughter" style="display: initial;">
violent fight
</a>
<span style="display: initial;">
<span style="display: initial;">
leads to a knife thrust or gunshot.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
He suggests that police must know both ‘what’ is going on, as well as ‘why.’ He calls his analysis HIPE, for “harm-focused, intelligence-led, problem-oriented and evidence-based policing.” This process uses a holistic approach to determine why a theft problem develops in a community and assesses if it is being driven by a drug problem or other issues.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This is often not done because it can be expensive and the alternative of simply working to lower specific statistics is much easier, even if it fails to fully address the real issues.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
None of this is easy, but in many cases, if it is done properly, it can bring about the increase in security and safety that most residents of a city want without creating the oppressive exploitation that has been observed in some Missouri towns.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: thecrimereport.com, “
</span>
<a href="http://www.thecrimereport.org/viewpoints/2015-09-weaning-america-off-violent-crime-stats" target="_blank" style="display: initial;">
Weaning America Off Violent Crime Stats
</a>
<span style="display: initial;">
,” David J. Krajicek, September 8, 2015
</span>
</p>
</div>Pedestrian accidents injure college-bound football player2015-09-09T15:05:17Z2015-09-09T15:05:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
It is unfortunate when bad things happen to good people. A budding Missouri athlete was one day away from reporting to his first day at Central Methodist University where he would be attending on a four-year football scholarship when he and his friend were hit by a car. Though the young man is remaining positive,
</span>
</span>
<a href="/pedestrian-accident" style="display: initial;">
pedestrian accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
can cause life altering injuries, especially for an athlete.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The accident occurred on a recent Thursday on Interstate 435 in Kansas City. An 18-year male and his friend attended a car auction in Kansas City. On their way back home to Milan, one of the new purchased cars started to have electrical malfunctions. The two pulled off to the side of the road. As they worked on jump-starting the stalled vehicle, a vehicle crashed into them.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Upon impact, the football player was launched 15 feet into the air and landed 85 feet away in a ditch. He suffered moderate injuries including a broken hip, broken pelvis and dislocated knee, among other injuries. His friend was thrown into the middle of the road and suffered only minor injuries. Investigating the accident, police have determined that the friends were parked a safe distance off the road. They have not yet determined if the woman that hit the boy’s car was under the influence.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Pedestrian versus car accidents are terrifying. Victims who are injured in pedestrian accidents in Missouri may have the right to sue the driver who is deemed negligent. A successfully litigated suit could result in monetary compensation to help with medical costs, rehabilitation, pain and suffering and other financial losses attributable to the accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: fox4kc.com, “
</span>
<a href="http://fox4kc.com/2015/08/27/college-bound-football-star-hurt-in-northland-crash-by-suspected-drunk-driver/" target="_blank" style="display: initial;">
College-bound football star hurt in Northland crash by suspected drunk driver
</a>
<span style="display: initial;">
“, Katie Banks, Aug. 27, 2015
</span>
</p>
</div>Pedestrian AccidentsNew license options can help with child support issues2015-09-08T15:13:16Z2015-09-08T15:13:16Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Failure to pay
</span>
</span>
<a href="/family-law/child-support" style="display: initial;">
child support
</a>
<span style="display: initial;">
<span style="display: initial;">
comes with a price, especially if a parent has gone a long time without paying at all. One consequence for nonpayment in Missouri is the revocation of a parent’s driver’s license. For working parents, losing the right to drive can put their jobs at risk and lead to an even greater struggle to pay and stay current with child support payments. One state has evoked a new law to help enforce child support orders while helping the paying parent avoid unemployment as a result.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
The new law pertains to granting a restricted license for parents who are behind in payments. The thought behind the restricted license is that the parent will still be able to get to work and not fall further behind in payments. The parent applying for the restricted license must prove she or he works 30 hours a week and works more than a mile from home.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There are stipulations to the new law so as to keep a parent from taking advantage of having a license while behind on support. While having the license, the parent has stay current on payments. Further non-payment will result in that license being revoked. Also, the parent cannot use the restricted license for commercial driver’s license purposes or for attending school.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Once a parent falls behind in child support, that parent may have a difficult time catching up. Also, if a parent does not have steady employment, the chances of falling behind are simply increased overall. In Missouri, parents who are concerned about falling behind, missing payments or losing a license if they fail to pay may want to inquire as to when it may be appropriate to file for a modification to a child support order.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: herald-citizen.com, “New law could help parents paying child support maintain licenses”, Tracey Hackett, Aug. 31, 2015
</span>
</p>
</div>Child SupportBeware the circumstantial case2015-09-05T15:13:18Z2015-09-05T15:13:18Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A recent incident involving a pipe bomb in Columbia has produced no solid leads. The bomb was discovered near an area motel on August 17 by a customer of the motel. He found it in a vacant lot adjacent to the motel and he brought it into the lobby of the motel. Fortunately, it did not explode and the authorities, including the Mid-Missouri bomb squad arrived and safely disposed of the device.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Columbia police sent the bomb to a federal crime lab for examination and the police are waiting on the results of the after-action report. The assistant Chief of Police noted that any motive for the bomb is just “speculation” and they do not know who placed the bomb in the vacant lot.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
There have been a few bomb incidents in the area during the last year. One incident was a false alarm and the other was part of a domestic disturbance.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Given the lack of clear evidence, if any charges are brought, they could be based largely circumstantial case. For any defendant charged with such
</span>
</span>
<a href="/criminal-defense/expungement" style="display: initial;">
crimes
</a>
<span style="display: initial;">
, it is important to demand your right to an attorney immediately and not to say anything to the police.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
No matter if you are innocent or not, speaking with the police without the guidance of an attorney is always dangerous. Sometimes, an innocent party will become enmeshed in a prosecution, and they will naively believe that the police will eventually exonerate them and drop the charges against them after discover the “correct” suspect.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The danger for any suspect is that once an individual has become the focus of an investigation, the process tends to double-down on building the case against that individual, and other leads may be ignored.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
By speaking freely with authorities in this circumstance, you may be inadvertently helping to build the case for the prosecution. There is a reason why the first words of the Miranda warning are often phrased as, “You have the right to remain silent.” Use that right and remain silent.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: columbiadailytribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/crime/questions-remain-in-bomb-investigation/article_9704184a-567f-5bd8-8c5b-7ffd8d3ce260.html" target="_blank" style="display: initial;">
Questions remain bomb investigation
</a>
<span style="display: initial;">
,” Alan Burdziak, August 28, 2015
<br/>
</span>
</p>
</div>Who is at fault in motorcycle accidents?2015-09-04T15:13:19Z2015-09-04T15:13:19Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Family and friends of a young man stood and cried together in the middle of the intersection where he had died just minutes earlier. This accident was the second traffic fatality of the year and the first motorcycle fatality for St Joseph. Understandably, Missouri
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
like this leave friends and family distraught.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The crash occurred near a local intersection at around 4:40 p.m. A 36-year-old male driver of a northbound SUV was in the process of making a left turn when a motorcycle struck the front of the vehicle. The 21-year-old motorcyclist was thrown from his bike. Sadly, the young man was pronounced dead on the scene.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to the police, evidence shows that it is possible that the motorcycle’s speed may have been a factor in the accident. The man driving the SUV was not injured. He was not issued a citation, as the crash is still undergoing investigation. It took nearly four hours for the scene to be cleared and reopened to motorists.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Losing a loved one in a motor vehicle accident is incredibly difficult. Which driver was at fault in an accident is not always easy to determine. When a driver is deemed negligent in motorcycle accidents, the injured party may have the right to pursue compensation from the negligent party. If a Missouri driver is killed because of the negligence of another driver, his or her family may be able to file a wrongful death claim. Though a lawsuit will not bring back the loved one, a successful claim may result in monetary compensation for medical bills, funeral expenses, and pain and suffering.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: newspressnow.com, “
</span>
<a href="http://www.newspressnow.com/news/local_news/article_d105a173-751b-558e-8b64-6bc6b699275d.html" target="_blank" style="display: initial;">
Motorcycle rider killed in crash on Belt
</a>
<span style="display: initial;">
“, Kristin Hoppa, Aug. 23, 2015
</span>
</p>
</div>Start of school year can complicate child custody issues2015-09-02T15:13:20Z2015-09-02T15:13:20Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
When a
</span>
</span>
<a href="/family-law/child-custody" style="display: initial;">
child custody
</a>
<span style="display: initial;">
<span style="display: initial;">
agreement is drafted, many minor details parents do not usually think about may need addressed. While these details may get special consideration when a child custody agreement is reached, that agreement may lack certain provisions that can become obvious with the start of the school year. Missouri parents can make the school year less hectic by possibly adding the following tips and advice to an existing agreement or including them in a new child custody agreement.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
Money can certainly be a point of contention in any agreement, particularly when it comes to back-to-school shopping. The cost of school supplies can be split by both parents, as those costs can add up. One idea co-parents have had is for one parent to buy the backpacks and lunch boxes while the other buys the supplies listed by the teachers.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Sharing information can also be contentious if co-parents have a hard time communicating with each other or simply want to avoid direct communication. Technology can alleviate this issue, as there are countless events and items parents need to remember as a new school year kicks off. One option is a shared Google calendar so all events are accessible and seen by both parents.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Working together to see that children have a successful school year can be a lot easier said than done when there are child custody issues for Missouri families. As with any child custody agreement, ideas may need to be updated or added as the child grows and the needs of the family evolve. Modifying a child custody agreement to incorporate these changes and find ways to better communicate at the start of the year and throughout the school year can help both the parents and children involved.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: huffingtonpost.com, “
</span>
<a href="http://www.huffingtonpost.com/entry/10-ways-these-divorced-parents-make-back-to-school-time-less-stressful_55db5e8be4b0a40aa3ab9d9e" target="_blank" style="display: initial;">
10 Smart Back-To-School Tips For Divorced Parents
</a>
<span style="display: initial;">
“, Brittany Wong, Aug. 24, 2015
</span>
</p>
</div>Missouri traffic stop raises key questions about legal search and seizure2015-08-28T15:13:23Z2015-08-28T15:13:23Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Police officers do not automatically have a right to search your vehicle in a routine traffic stop. There must be probable cause to conduct a search, and a traffic violation such as speeding, failure to signal or a broken tail light does not in itself constitute probable cause to search.
</span>
</p>
<p>
<span style="display: initial;">
Still, many drug charges are based on evidence seized in unlawful searches, and any time drug charges follow a traffic stop, the legality of the stop and search should be scrutinized for errors on the part of police. With these issues in mind, consider the recent stop and arrest of two Missouri residents.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A probable cause statement indicates that multiple police agencies, including the Bourbon Police Department and the Lake Area Narcotics Enforcement Group, made a coordinated effort to stop a 29-year-old man in the event that he committed a traffic violation or his vehicle was seen to be in violation of equipment laws.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Police reportedly saw the man’s vehicle go behind a store with a car wash and enter the car wash lane. Another person, a 28-year-old woman, was also in the vehicle, according to police.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The police also claim that the vehicle came out from the rear of the store but had not gone through the wash. The vehicle was then stopped by police for allegedly not having auxiliary lamps that were colorful enough, and because a temporary registration tag was attached to the back of the vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As the driver looked for proof of insurance, the vehicle was circled by a drug-sniffing dog, and police claim the dog indicated the smell of drugs near the driver’s side door. The driver reportedly consented to a search, but no drugs were found. Police also searched the passenger, but no drugs turned up.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The driver was given a warning for the traffic violations and went on his way.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
However, after the man had driven away, police claim to have found an ounce of methamphetamine and other drug paraphernalia behind the store. The man and his passenger were pulled over again and arrested.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Police claim that another half gram of meth was seized from the woman as she was being processed into jail.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The series of events that led to the arrests raises a number of key questions:
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<ul>
<li>
<span style="display: initial;">
Did police have probable cause to stop the vehicle in the first place?
</span>
</li>
<li>
<span style="display: initial;">
Is there sufficient evidence linking the drugs in question to the vehicle in question?
</span>
</li>
<li>
<span style="display: initial;">
Did police in any other way violate the rights of the accused at any point before, during or after the traffic stop?
</span>
</li>
</ul>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
For more on these matters, please see our
</span>
</span>
<a href="/criminal-defense/drug-crimes" style="display: initial;">
drug crime defense
</a>
<span style="display: initial;">
<span style="display: initial;">
overview.
</span>
</span>
</p>
</div>Drug ChargesLabor Day means more DWI patrols2015-08-28T15:13:21Z2015-08-28T15:13:21Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
For drivers in Missouri, the long Labor Day weekend may mean the end of summer, or the last big trip of the season to the lake or a cabin before fall begins. It may mean hanging out in your neighborhood and having a picnic or cookout with your friends, or driving across town to a relative’s home for a BBQ.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But for the Missouri State Highway Patrol and most other law enforcement agencies throughout the state, it means “Drive Sober or Get Pulled Over.” This campaign actually began two weeks ago and continues through the end of the Labor Day weekend.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Law enforcement will be looking for all
</span>
</span>
<a href="/criminal-defense/commercial-driver-dwi" style="display: initial;">
impaired drivers
</a>
<span style="display: initial;">
, no matter the cause, including alcohol, drugs such as meth, cocaine or marijuana, and any other substances that cause impairment. This means that prescription medicine that impairs your ability to operate a vehicle could leave you facing a DWI charge.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It is even possible that if you were sufficiently fatigued from lack of sleep, it could leave you impaired and weaving around on a highway to such a degree as to attract the attention of a Missouri state trooper.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While more police and state troopers on patrol will likely mean increased number of arrests, anyone stopped should consult an attorney. These charges can bring long term, negative consequences and must be taken seriously. From increased insurance expenses to jail time or the installation of an ignition interlock on your vehicle, the penalties for a DWI in Missouri can be severe.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
No one should drive drunk, but not everyone stopped and charge with a DWI is guilty of that offense. Police often make mistakes and an attorney can help identify them and work to minimize the damage a DWI arrest can cause in your life.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: bolivarmonews.com, “
</span>
<a href="http://bolivarmonews.com/news/labor-day-brings-hp-s-drive-sober-or-get-pulled/article_b72553b4-4c0b-11e5-9e21-cb84b761b2c1.html" target="_blank" style="display: initial;">
Labor Day brings HP’s ‘Drive sober or get pulled over’ campaign to southwest Missouri
</a>
<span style="display: initial;">
,” August 26, 2015
</span>
</p>
</div>Teen driver's negligence likely caused car accident and death2015-08-27T15:13:25Z2015-08-27T15:13:25Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
When Missouri drivers get in their car to travel or commute, they are taking a risk. No one ever knows when another driver might pull out in front of them or swerve into their lane. Sometimes, there is just not enough time to react, and even defensive driving cannot always keep another driver’s
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
negligence
</a>
<span style="display: initial;">
<span style="display: initial;">
from causing a car accident.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On a recent Friday afternoon in McDonald County, a four-vehicle accident left several injured and one dead. A 16-year-old girl was driving a sedan eastbound on a local roadway. She then made a right turn onto the southbound lane of Business 71. As she did so, she came into the path of another vehicle driven by a 46-year-old male. The man swerved into the northbound lanes to avoid colliding with the sedan but, in turn, hit two northbound SUVs.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The 16-year-old was transported by helicopter to a hospital where she was pronounced dead just over an hour after the accident. Two passengers in her sedan were both injured. The driver and passenger of the second SUV that was struck in the accident also suffered injuries. All four were taken to a nearby hospital via ambulance.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Car accidents can have devastating consequences. In Missouri, victims who are injured in an accident because of the negligence of another driver typically have the right to pursue a civil lawsuit against the individual. If the driver deemed negligent dies in the accident, the injured victims may sue the driver’s estate and/or anyone with an ownership interest in the driver’s vehicle. If, for instance, the car operated by the teenager who apparently caused this accident was owned by her parents, they could also be named as defendants in any civil claims for financial damages pursued as a result of the tragedy.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: neoshodailynews.com, “
</span>
<a href="http://www.neoshodailynews.com/article/20150822/NEWS/150829602" target="_blank" style="display: initial;">
Car accident claims life of Goodman girl, 16
</a>
<span style="display: initial;">
“, Aug. 22, 2015
</span>
</p>
</div>Infidelity can impact property division in Missouri2015-08-26T15:13:27Z2015-08-26T15:13:27Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Even though Missouri strives to equally divide marital assets regardless of why a couple is seeking a divorce, infidelity can still impact how that divorce unfolds and the time it takes to finalize a divorce agreement. The recent hacking of a website promoting infidelity has brought to light just how prevalent infidelity or the desire to be unfaithful may be. In Missouri, when a judge works to ensure property division is done equitably, the ripple effect of infidelity can impact that property division settlement.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One way infidelity can matter is if one party used marital funds to finance the affair. This may include the monthly cost of belonging to such a website or the cost of expensive gifts given to a person with whom the spouse is having an affair. If shared accounts or martial funds were used, the other party may seek to be compensated for the lost shared funds.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Cheating in of itself has no bearing on
</span>
</span>
<a href="/family-law/child-custody" style="display: initial;">
child custody
</a>
<span style="display: initial;">
. However, the effects on one’s reputation may affect that person’s ability to seek custody if certain embarrassing aspects of infidelity are likely to be exposed. As with any personal reason for a split, the lasting emotional impact can affect how each party acts during a divorce and what each party considers fair even when it comes to child custody issues.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The property division process can be complex regardless of underlying issues such as infidelity and its emotional and financial toll. The Missouri court system will strive to consider any fair settlement, and negotiations may be needed to help the process along. If negotiations are not productive and a couple needs litigation to resolve property division related to infidelity, the cost and timeline for a divorce may be adversely affected.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: forbes.com, “
</span>
<a href="http://www.forbes.com/sites/emmajohnson/2015/08/24/your-husband-on-the-ashley-madison-list-heres-how-it-can-impact-your-divorce/" target="_blank" style="display: initial;">
How Your Spouse’s Ashley Madison Account Can Impact Your Divorce
</a>
<span style="display: initial;">
“, Emma Johnson, Aug. 21, 2015
</span>
</p>
</div>Fogle plea deal: better or worse than average?2015-08-21T15:13:28Z2015-08-21T15:13:28Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Sex crimes involving children are different. They instantly invoke a fear in any parent, who thinks, “What if it were my child?” And that fear has fueled the draconian sentences that await anyone convicted of a sex crime involving minors.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When someone as well known as Jared Fogle, former spokesperson for Subway, is charged with sex crimes involving minors, there are concerns that cut both ways. Some fear because of his wealth, he can buy his way out of jail. Others may worry that he will be singled out for harsher treatment because of his fame and notoriety.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
But the terms of plea agreement he made with prosecutors this week suggest that neither extreme occurred. He is likely to serve between 5- and 12 1/2-years, with required treatment, $1.4 restitution to his victims and he will have to register as a
</span>
</span>
<a href="/criminal-defense/sexual-offenses" style="display: initial;">
sex offender
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
None of these terms differs radically from what would be offered to a less famous suspect. As the news report points out, prosecutors could have convened a grand jury to obtain an indictment but that would have been more complex and expensive, it is not likely that it would have resulted in much difference in the ultimate charges or sentence.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The rapidity of plea agreement, coming days after the formal charges were filed, while unusual, is not atypical. It is likely that prosecutors had substantial evidence, which would have made it difficult to develop a compelling defense.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The electronic evidence gathered by the FBI included numerous cellphones, laptops, tablets, hard drives, flash memory, CDs and DVDs suggest prosecutors could have developed an overwhelming case.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Sex crimes involving minors can carry very long sentences, and for a defendant, the plea agreement often provides the most predictable outcome for a defendant, while avoiding the embarrassing and inflammatory testimony that may occur during a trial.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: indystar.com, “
</span>
<a href="http://www.indystar.com/story/news/2015/08/19/prosecutors-lenient-harsh-fogle/32029757/" target="_blank" style="display: initial;">
Are prosecutors too lenient or too harsh on Fogle?
</a>
<span style="display: initial;">
” Kristine Guerra, August 19, 2015
</span>
</p>
</div>Sex CrimesIs S.590 really the balanced legislation some say it is?2015-08-20T15:13:29Z2015-08-20T15:13:29Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In the ongoing conversation about sexual assault on college campuses, two groups have risen above the others. On one side, there are those who believe that lawmakers need to do more to protect the rights of students and victims. They believe that tougher legislation is the answer as it will better address instances of sexual assault and violence by giving victims a better sense that justice has been served.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
On the other side though are people who believe that tougher legislation would give colleges too much authority over criminal cases. On many campuses across the nation, including here in Missouri, campus procedures do not take into consideration a person’s right to due process, oftentimes resulting in a violation of an accused person’s civil rights.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As you may know from following our blog regularly, changes to legislation should not only take into account a victim’s rights after a sexual assault but the rights of the accused as well. As we hinted at in back in June, unfounded accusations or false accusations can severely impact an accused person’s life, oftentimes resulting in unfair treatment from society. In order to prevent this from happening, any changes to legislation would need to take this into account and protect the rights of all parties involved in a sexual assault allegation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Some lawmakers believe that S.590, also referred to as the
</span>
</span>
<a href="https://www.congress.gov/bill/114th-congress/senate-bill/590" target="_blank" style="display: initial;">
Campus Accountability and Safety Act
</a>
<span style="display: initial;">
, walks this fine line because it affords victims with the protections they want while addressing the need for due process. But is does this belief hold true?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
There is one main inclusion that suggests S.590 may not walk the fine line as promised and it is a provision that would give victims the choice over whether or not to involve police after making a sexual assault claim. Because of this provision, an accused person might find their right to due process abused as most campuses do not apply the same preponderance of evidence that the criminal justice system is held to.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
<br/>
</span>
</p>
<p>
<span style="display: initial;">
So is S.590 really the balanced legislation some say it is? We’ll leave that for our Columbia readers to decide.
</span>
</p>
</div>Sex CrimesFatal pedestrian accidents: man sentenced to prison2015-08-19T15:23:28Z2015-08-19T15:23:28Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Pedestrians might find themselves at the mercy of vehicles in regards to motor vehicle accidents. Pedestrian accidents are often most severe for the pedestrian. A man was recently tried and sentenced for his involvement in a Missouri hit-and-run accident that ultimately killed an innocent pedestrian.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On July 23, 2013, witnesses claim to have seen a white truck pulling a trailer hit a pedestrian and a light pole on Highway 210 in Kansas City. The driver of the truck fled the scene before authorities arrived. The pedestrian was found near the shattered light pole, face down and dead. Authorities confronted the 56-year-old man who was the suspected driver in the fatal hit-and-run accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Witnesses saw the man and police confirmed that his trailer had damage that was consistent with that of hitting a light post. There was also dashcam video evidence of what looked like his truck and trailer passing as the police headed to the scene. He admitted to driving the truck, striking the pole and hitting the pedestrian. He was sentenced to six years for involuntary manslaughter and three years for leaving the scene of an accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Though pedestrians do not have the physical protection of a metal vehicle surrounding them, they have legal protection. Victims of
</span>
</span>
<a href="/personal-injury/pedestrian-accidents" style="display: initial;">
pedestrian accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
in Missouri may have the right to sue the negligent driver in a civil court. In a situation like this, the family of the deceased victim may have the right to pursue a wrongful death claim against the negligent driver. A successful claim may result in compensation for funeral expenses, loss of wages, or simply give the sense that justice has been served.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
Source: fox4kc.com, “
<a href="http://fox4kc.com/2015/08/10/fatal-hit-and-run-driver-sentenced-to-9-years-in-prison/" target="_blank" style="display: initial;">
Fatal hit-and-run driver sentenced to 9 years in prison
</a>
<span style="display: initial;">
“, Kasey Babbitt, August 10, 2015
</span>
</p>
</div>Postcards reminding to pay child support evoke controversy2015-08-18T15:23:30Z2015-08-18T15:23:30Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Most parents understand the importance of
</span>
</span>
<a href="/family-law/child-custody" style="display: initial;">
child support
</a>
<span style="display: initial;">
<span style="display: initial;">
and how necessary that support is to the care and welfare of a child. Child support orders in Missouri are also legal matters that may be publicly known or may be considered a private matter for some, as is the case with many financial dealings. One nearby state has taken to sending out postcards as reminders for parents to pay child support, and those postcards are causing an uproar among some parents.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One father who pays child support just like millions of non-custodial parents calls the postcards an invasion of privacy. The cards are not sealed and ask the question if the parent has paid support for that month. That father sees the cards as a means of public shaming for those parents who pay on time and abide by their child support orders.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The state sees the postcards differently. One legal representative says the collection of child support is a major problem and feels the postcards may nudge a parent to pay. It was noted that parents with steady jobs who can have the money automatically taken out of their pay checks are not the problem, but getting support money from a parent without a steady job is more difficult. Also, an official says the postcards are discreet and do not point out any amounts owed and are not meant to be used as a shaming tool.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The issues someone may have when it comes to paying and receiving child support may be deeply personal and one or both parties may want to keep the matter private. However, one party may want to resort to using a public means of reminding the other parent that support is owed. For those who pay and receive child support in Missouri, agreeing on a form of payment or a way to remind the other parent if the payment is late is an option, but if an agreement on specific terms cannot be reached, court intervention may be necessary.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: yahoo.com, “
</span>
<a href="https://www.yahoo.com/parenting/dad-shocked-and-embarrassed-by-child-support-126696175587.html?nf=1" target="_blank" style="display: initial;">
Dad ‘Shocked’ and ‘Embarrassed’ by Child Support Postcard
</a>
<span style="display: initial;">
“, Esther Crain, Aug. 17, 2015
</span>
</p>
</div>Child SupportDo sobriety checkpoints really deter drunk drivers?2015-08-14T15:23:33Z2015-08-14T15:23:33Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Last week, the Columbia Police Department employed sobriety checkpoints and saturation patrols in an effort to stop Missouri drivers from driving while intoxicated. These types of checkpoints involve a roadblock, where officers will stop vehicles is a prescribed order, such as every third car, and ask the driver some questions.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
During this questioning, the officer will be observing the driver for signs of intoxication or impairment, such as the smell of alcohol, slurred speech or blood-shot eyes. If they suspect that a driver is impaired, they may then ask the driver to exit the vehicle and perform some field sobriety tests.
</span>
</p>
<p>
<span style="display: initial;">
If those tests confirm their suspicion, they may ask if they can take a blood sample to determine the driver’s blood alcohol content at that time. They will often have a judge or magistrate on call, in order to obtain search warrants for blood draws if the suspect is uncooperative.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Sobriety checkpoints have been permitted by the U.S. Supreme Court, despite being a technical violation of the Fourth Amendment, due to the grave risk of harm and large number of deaths attributed to drunk drivers.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
But
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
sobriety checkpoints
</a>
<span style="display: initial;">
<span style="display: initial;">
have another problem. They are not very effective. Because they stop only the traffic passing the checkpoint location, they typically only result in a very low, often single-digit arrest percentages.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Law enforcement argue they discourage drivers from driving drunk, but because they have to be announced in advance and use a great number of resources, it is questionable whether they really provide any greater reduction in the number of drunk drivers on the road than merely having the officers patrolling for actual impaired drivers on the road.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Source: columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/crime/columbia-police-plan-dwi-crackdown/article_f4455465-84d5-55fa-a927-0fc2e70d3317.html?comments=focus" target="_blank" style="display: initial;">
Columbia police plan DWI crackdown
</a>
<span style="display: initial;">
,” August 4, 2015
</span>
</p>
</div>Unfortunately, fatal motorcycle accidents all too common2015-08-12T15:23:38Z2015-08-12T15:23:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Hazards for motorcyclists and their passengers, even those wearing helmets and other protective gear, are substantial. Motorcycle accidents are, unfortunately, a common occurrence throughout the summer months across the country. A recent fatal motorcycle crash near Salem, Missouri likely occurred because of another driver’s inattention.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On a recent Monday afternoon in Dent County, around 2:30 p.m., a motorcycle was headed northbound on Highway 68. The driver was a 73-year-old man and there was a 73-year-old female passenger on board. According to the Missouri State Highway Patrol, an eastbound truck driven by a 16-year-old male was attempting to cross the highway and came across the path of the motorcycle. The bike crashed into the passenger side of the truck.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The driver of the motorcycle was driven to a nearby hospital where, sadly, he was pronounced dead at 3:16 p.m. His female passenger was flown to a hospital to be treated for serious injuries. According to the Highway Patrol, they were both wearing helmets. The driver of the pickup was wearing his seat belt and suffered minor injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Victims of
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
in Missouri have the right to pursue a legal claim in a civil court when another party is deemed to have been negligent with regard to an accident. Motorcycle accidents that result in serious injuries or death often lead to claims for recovery of documented financial losses. Compensation from a successfully navigated lawsuit, which must be based upon actual proof of negligence by the party or parties believed responsible, can help with the financial burdens that typically accrue from serious accidents.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: ky3.com, ” One dead, one seriously injured in truck, motorcycle wreck in Dent County “, Sean Barnhill, August 4, 2015
</span>
</p>
</div>Divorce help in Missouri needs to cover wide range of issues2015-08-12T15:23:36Z2015-08-12T15:23:36Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The divorce process can be vastly different from couple to couple. Despite the uniqueness of each case, Missouri couples in the midst of divorce must attend to many common issues and make many of the same decisions. Having comprehensive legal guidance and support to address individual issues is necessary to ensure a smooth and timely divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If children are involved, to achieve the most amicable split, the custody and support for those children need to be addressed. An agreement of an appropriate amount of support needs to be reached, negotiated and finalized. Joint or sole custody needs to be decided, also. While negotiation may be best, child custody decisions may require litigation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Support for a spouse may also be ordered. Alimony issues can involve the amount of time it must be paid and what that specific amount may be. Alimony decisions may be influenced by property division matters. It may be unclear what constitutes marital property and what is a fair settlement and split for that property. This can require careful and emotional negotiation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
There are many steps to the divorce process. For some, mediation may work perfectly and resolve issues quickly. For others, litigation may be the only route that yields results during some difficult or contested divorces. Legal support should be able to adapt to the needs of an individual case and work to ensure Missouri clients get a fair and timely
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce
</a>
<span style="display: initial;">
. Our website has more information about what all the divorce process may entail and what legal support may be able to provide.
</span>
</p>
</div>Property division includes financials in a Missouri divorce2015-08-06T15:23:41Z2015-08-06T15:23:41Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
When a couple decides to divorce, there are a lot of decisions to be made as a life together unfolds into two separate lives. Some of the bigger decisions in a divorce may be who gets the kids and who gets the house. However, Missouri couples can find there are many little or easily forgotten financial aspects of a
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
that may get put on the back burner or mishandled altogether.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Any shared credit card accounts need to be split as soon as possible. If they are not split or closed and one person does not pay the bill, the other person can suffer the consequences. One consequence can be a hit to a credit score. As for car loans, refinancing may be in order to put the loan in one person’s name. Selling the asset, or car, may be the best option if refinancing cannot be done.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Other accounts and financial holdings may not be thought about on a regular basis. This may include insurance policies and legal documents, where beneficiaries are typically a spouse. That needs to be changed once a divorce is final or imminent. While it can be easy to overlook, it can also lead to wishes not being upheld or an ex-spouse making important decisions a policy holder would not agree with or want that person to make.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Each divorce and each couple’s financial life can be vastly unique compared to others. A case may require outside help to split and account for each aspect of a couple’s financial life together so no stone is unturned and no account forgotten. Missouri couples can ensure the least amount of disruption by having a clear outline of what all needs to be split during the property division and how exactly each party’s finances will change during and after the divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: forbes.com, “
</span>
<a href="http://www.forbes.com/sites/usaa/2015/07/29/divorcing-6-ways-to-keep-your-financial-footing/" target="_blank" style="display: initial;">
Divorcing? 6 Ways To Keep Your Financial Footing
</a>
<span style="display: initial;">
“, July 29, 2015
</span>
</p>
</div>Inattention to driving leads to fatal motor vehicle accidents2015-08-06T15:23:39Z2015-08-06T15:23:39Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Drivers must be aware at all times on Missouri roadways. There are a multitude of things demanding a driver’s attention while driving: other vehicles, signs, the radio, things going on at work or at home, etc. Inattention to driving is one of the leading causes in crashes and
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
fatal motor vehicle accidents
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On a recent Wednesday afternoon, at about 2:30 p.m., in Franklin County, a 34-year-old man headed northbound on Highway 47 was waiting to turn left in his small car. At that moment a 79-year-old woman driving an SUV rear-ended the man’s car, pushing his vehicle into oncoming traffic. The car was hit head-on by a concrete truck that was traveling south. The impact rotated the car and it struck the SUV and a fourth vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The man driving the car was rushed to a nearby hospital, but sadly, was pronounced dead at 3 p.m. He was not wearing a seat belt. The Missouri Highway Patrol said the woman in the SUV and the driver of the concrete truck were wearing seat belts at the time of the accident. Both of these drivers suffered moderate injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Fatal motor vehicle accidents are a devastating reality in Missouri. It can be hard to determine who is at fault in an accident, but when a driver is determined to have been negligent and that negligence resulted in a fatality, the remaining family of the victim has the right to pursue a lawsuit. A successful wrongful death suit may result in compensation to help the family of the deceased with funeral and medical payments as well as with the pain and suffering they will endure.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: stltoday.com, “
</span>
<a href="http://www.stltoday.com/news/local/crime-and-courts/gray-summit-man-killed-in-franklin-county-crash-involving-concrete/article_7cda7b7b-2f1c-50dd-b29f-cbda1470f8dd.html" target="_blank" style="display: initial;">
Gray Summit man killed in Franklin County crash involving concrete truck
</a>
<span style="display: initial;">
“, Valerie Schremp Hahn, July 22, 2015
</span>
</p>
</div>Missouri truck accidents: Fatal crash on Interstate 442015-07-29T15:23:43Z2015-07-29T15:23:43Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
There are countless risks for drivers cruising the roadways at night when it is dark. Though there are typically fewer vehicles on the road at this time, Missouri highways are no less dangerous than busy daytime travel hours. If anything, the night presents its own dangers for drivers, and
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
truck accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
during these hours are typically unfortunate tragedies.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On a recent Tuesday in Webster County, a pickup truck heading east, driven by a 48-year-old male, ran out of gas shortly after 2 a.m. He pulled off the right side of the road onto the shoulder. It wasn’t long before a tractor trailer heading eastbound ran into the back of the parked pickup truck, causing the tractor trailer to veer off, crash through the cable median and into the westbound lanes, according to the Missouri State Highway Patrol.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Unfortunately a semi truck driven by a 52-year-old man was traveling in the westbound lanes at this moment, and the semi collided with the tractor trailer. The semi-truck driver was pronounced dead at the scene. The tractor-trailer driver was taken to a nearby hospital to be treated for minor injuries, and the driver of the pickup truck was not injured. According to the Missouri State Highway Patrol, all drivers were wearing seat belts at the time of the accident.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Unfortunately, truck accidents are all too common occurrences on Missouri roadways. In this instance, the westbound trucker appears to have been an innocent victim. While his family is likely entitled to workers’ compensation death benefits, a wrongful death claim may also be an appropriate legal remedy. This type of civil court claim is appropriate when the negligence of another party or parties results in the death of the victim.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: ky3.com, “4-truck crash in Webster County killed man from Illinois”, Gene Hartley, July 14, 2015
</span>
</p>
</div>Truck AccidentsMissouri families may find apps to help with child support issues2015-07-28T15:23:44Z2015-07-28T15:23:44Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
A child support agreement may be somewhat easy to reach at the time of a divorce. But, as a child grows or needs change, aspects of that agreement may no longer work or certain situations may not be included in the agreement. One area of contention that may require
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
modification
</a>
<span style="display: initial;">
<span style="display: initial;">
of an agreement or additional support for parents may be unforeseen or extra expenses. Missouri families may find there are certain apps available that families can use and incorporate into a child support modification.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One app available tracks not only child support payments, but it also tracks those extra expenses. Support Pay can track extra expenses and payments, like medical bills, that one or both parents pay. This way of documenting the exchange of payments and who paid what can also be used in court if a dispute arises between parents.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Another app that families and co-parents can use as a sort of command central is Our Family Wizard. This can track expenses, and co-parents can share a calendar, reducing confusion. It also gives parents an alternative way of communicating rather than in person or through calls, which can be difficult for some people in the middle of a divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
During and after a divorce, co-parents may be desperate for a more stream-lined or documented way of living up to an agreement or holding the other parent responsible for payments and obligations. As part of a modification, Missouri parents may find agreeing to use an app may help resolve some of the underlying issues related to child support. As some of the apps require a fee to use, a modification can also include provisions related to sharing that responsibility as well.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: forbes.com, “
</span>
<a href="http://www.forbes.com/sites/emmajohnson/2015/07/26/5-apps-to-make-divorce-easier/" target="_blank" style="display: initial;">
5 Apps That Promise to Make Divorce Easier
</a>
<span style="display: initial;">
“, Emma Johnson, July 26, 2015
</span>
</p>
</div>Fatal hit-and-run pedestrian accidents leave family burdened2015-07-23T15:23:45Z2015-07-23T15:23:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Some say that streets are a place for vehicles. But what about all the pedestrians who need to cross the street safely? In Missouri, at night or in the day,
</span>
</span>
<a href="/personal-injury/pedestrian-accidents" style="display: initial;">
pedestrian accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
are a potential risk when crossing busy streets, even when a walker has looked both ways and the coast seems clear.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
On June 28 at about 2:30 a.m., a 50-year-old man was crossing the road near Busch Stadium in St. Louis when he was struck by a vehicle in a fatal hit-and-run accident. Witnesses say that it was a speeding black Mercedes that hit him. The man was taken to a nearby hospital in critical condition immediately following the hit-and-run. Days later, he died because of injuries suffered in the accident.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Authorities have charged an 18-year-old male with involuntary manslaughter and leaving the scene of the accident with a cash only bond set at $100,000. He apparently admitted to driving the Mercedes at speeds of 80-90 mph at the time of the accident. At first, police had arrested a 15-year-old passenger in the vehicle because the other two teens lied to police, telling them that she had been the one driving. Both the driver and his 17-year-old girlfriend are being charged for making the initial false report.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Family members that are left with the loss of a loved one in pedestrian accidents are faced with tough decisions. Emotional and financial burdens associated with the loss of a family member can be exhausting. Seeking legal advice and a potential successful lawsuit in pedestrian accident cases in Missouri can help the remaining family members deal with their loss.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: fox2now.com, “
</span>
<a href="http://fox2now.com/2015/07/13/two-teens-charged-in-fatal-hit-and-run-crash-near-busch-stadium/" target="_blank" style="display: initial;">
Two teens charged in fatal hit-and-run crash near Busch Stadium
</a>
<span style="display: initial;">
“, Danielle Scruggs D, July 13, 2015
</span>
</p>
</div>Star seeks child support reduction in court2015-07-22T15:33:10Z2015-07-22T15:33:10Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
When a parent seeks a modification of a
</span>
</span>
<a href="/child-support" style="display: initial;">
child support
</a>
<span style="display: initial;">
<span style="display: initial;">
order, it may typically entail a parent seeking more support than she or he currently receives. However, parents may also seek a child support modification based on the belief that they are paying much more than what is necessary for the care and welfare of a shared child in Missouri. Recently, movie star Halle Berry went to court to seek a reduction in the amount of child support she pays her ex-boyfriend.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Berry, who is 48 years old, had a child in 2008 with her then boyfriend, a model she met at a photo shoot. The couple broke up in 2010. She pays $16,000 a month in child support for the child. She reportedly believes the amount, which is $192,000 a year, is being used so her ex-boyfriend can refrain from having to work.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The movie star wants the amount of child support reduced to $3,000. It was last year that the two agreed to the $16,000 a month in support, and Berry also agreed to pay for school tuition for the now 7-year-old and also agreed to split any expenses related to health care. Berry was also ordered at the time to pay for attorney fees in the case.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The modification sought in this case is a drastic reduction in child support. When a parent in Missouri or elsewhere seeks a reduction, supporting documents or other evidence of justification for a reduction may impact the case. Parents typically may seek a reduction when one parent has a substantial change income or the needs of the child have changed in some measurable way.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: New York Daily News, “
</span>
<a href="http://www.nydailynews.com/entertainment/gossip/halle-berry-faces-ex-boyfriend-secret-child-support-trial-article-1.2292423" target="_blank" style="display: initial;">
Halle Berry faces ex-boyfriend Gabriel Aubry in secret trial over child support
</a>
<span style="display: initial;">
“, Nancy Dillon, July 14, 2015
</span>
</p>
</div>Child SupportSpringfield woman facing voter fraud charges2015-07-22T15:33:08Z2015-07-22T15:33:08Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Here in Missouri, as well as in other states across the nation, it is a crime to misrepresent yourself in any way during the election process. Whether you’re running for office or casting a vote, voter fraud is considered a serious offense in our state. Depending on the severity of the election crime committed, a person could face serious penalties including a lengthy prison sentence and a steep fine as well.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
A Springfield woman is learning this the hard way this month after being accused by police of voting twice in Missouri during the April 7, 2015 election. As is explained in
</span>
</span>
<a href="http://www.moga.mo.gov/mostatutes/stathtml/11500006311.HTML" target="_blank" style="display: initial;">
Section 115.631.1
</a>
<span style="display: initial;">
<span style="display: initial;">
of the Missouri Revised Statutes, it’s a class one election offense to vote more than once in our state. If a person violates this law, they could face up to five years in prison and as much as a $10,000 fine.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to officials from the Greene County Sheriff and County Clerk office, the woman was able to vote twice because she changed her address at the second polling station. Because the computer systems at the polling place in Greene County were not linked to other polling systems, her actions were not caught right away.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
It’s unknown at this time if this was intentional deception or a situation in which a voter simply wanted to correct a mistake made on an initial ballot in order to avoid potential criminal charges. Whatever is the case now though, it will be up to the courts to decide. The hope though is that the woman knows she has
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
the right to an attorney
</a>
<span style="display: initial;">
<span style="display: initial;">
and exerts that right as soon as possible.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Springfield News-Leader, “
</span>
<a href="http://www.news-leader.com/story/news/crime/2015/07/21/authorities-say-woman-committed-voter-fraud-april-election/30473269/" target="_blank" style="display: initial;">
County clerk: Voter fraud case an example of how easily it’s caught
</a>
<span style="display: initial;">
,” Trevor J. Mitchell, July 21, 2015
</span>
</p>
</div>White Collar CrimesProving a DWI case can be difficult (Cont.)2015-07-17T15:33:14Z2015-07-17T15:33:14Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In the recent crash, he has not yet been charged with any alcohol related charges, and this may be tied to the fact that he fled after the crash.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
His passenger told police that had been drinking prior to the crash. The driver turned himself in on Sunday night. The crash occurred at 1:30 a.m. Saturday, so it is unlikely that law enforcement would have been able to obtain an accurate measure of his blood alcohol content (BAC) at the time of the collision after he surrendered to authorities.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This is because BAC diminishes with time, as the body oxidizes the alcohol in the blood. This is why law enforcement attempts to obtain a blood test as soon as possible when arresting an individual on a DWI charge.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While they will likely use the testimony of the passenger to support claims he was intoxicated, given the lack of direct evidence, it may be difficult to show that the crash was alcohol-related. He may simply have been speeding, and could have been distracted by conversation with his passenger or his phone. And this will not diminish the likelihood of a conviction for the involuntary manslaughter charge.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Working against him is the fact that his passenger stated he had been drinking. If they cooperate with prosecutors and provide detailed information regarding the alcohol consumption prior to the crash, it could allow for a DWI charge to be added.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Police and prosecutors are likely interviewing any other witnesses, to see if they can accumulate enough testimony that would allow them to argue he was intoxicated. If they cannot obtain such testimony, they may refrain from filing alcohol related charges.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: stltoday.com, “
</span>
<a href="http://www.stltoday.com/news/local/crime-and-courts/man-charged-in-fatal-weekend-crash-in-st-charles-faces/article_b328ffea-8c6a-54e8-bdfe-bf12a98676d1.html" target="_blank" style="display: initial;">
Man charged in fatal weekend crash in St. Charles faces DWI charge from deadly October wreck
</a>
<span style="display: initial;">
,” Susan Welch, July 7, 2015
</span>
</p>
</div>Missouri couples can prepare for financial costs of divorce2015-07-15T15:33:21Z2015-07-15T15:33:21Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Whether or not a divorce is expected, amicable or highly contentious, the finances of both parties will be affected. Missouri couples can work to minimize the unpredictability of their financial future by preparing and understanding how a divorce will affect short-term and long-term finances. While each couple may be different on the socio-economic scale, certain financial ramifications of divorce are universal.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
The fate of the couple’s home or family home must be decided and will affect finances just as much as it affects where a person lives. Some may find there is an emotional connection to the family home, especially when there are children in the picture. However, the home may be too expensive for a parent to keep on his or her own. This may mean, despite emotions, a smaller home or renting a place is the best option when the financial reality is outlined.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
When a couple splits, benefits become a part of the financial changes, namely health insurance benefits. While COBRA can be a means of maintaining health insurance, it is not a permanent solution. A new policy and the costs of that policy can impact finances, and it may be necessary to return to the workforce to ensure the best coverage.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Dollars and cents are an important part of a divorce in Missouri. The lifestyle each party may have enjoyed together can be completely altered both as the divorce moves forward and forever afterwards. With all the decisions and changes that occur as a divorce moves forward, having a handle on the financial changes and the future outlook can help minimize the shock of the financial reality and can help each party put a plan in motion to ensure stability through and after a divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: entrepreneur.com, “
</span>
<a href="http://www.entrepreneur.com/article/247785" target="_blank" style="display: initial;">
5 Essential Tips for Financial Planning After Divorce
</a>
<span style="display: initial;">
“, Andrea Murad, July 10, 2015
</span>
</p>
</div>Head-on collision results in fatal motor vehicle accidents2015-07-15T15:33:17Z2015-07-15T15:33:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
It hits in the pit of the stomach; white knuckles clench the steering wheel. One vehicle is attempting to pass another in the opposite direction. Will they get back into their lane in time? Many driver’s have found themselves in this terrifying situation that, sadly, can result in
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
fatal motor vehicle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
like the recent accident this past weekend on a Missouri highway.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On Friday, July 10, in Iron County, a 46-year-old man driving a truck was attempting to pass another vehicle, according to Missouri State Highway Patrol. He was driving east on Highway 32 in the eastbound lane as he attempted to pass a slower moving car. A car, driven by a 29-year-old Potosi man, was traveling east at the same time, and the car and the truck collided head on.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One of the passengers in the car was pronounced dead on the scene by the Iron County Coroner. The drivers of both vehicles, as well as the other passenger in the car, suffered serious injuries and were airlifted to a hospital. It was reported by the Missouri Highway Patrol that most of these men were not wearing a seat belt at the time of the wreck.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Fatal motor vehicle accidents are tragically wrenching for the surviving family and friends of the deceased victim. In Missouri, when a driver is found to be negligent in such an accident, the surviving family of the victim has the right to pursue a lawsuit for compensation to aid with financial loss and emotional stress. The injured parties also have the right to a civil claim against the negligent driver.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: dailyjournalonline.com, “
</span>
<a href="http://dailyjournalonline.com/news/local/accidents/two-killed-others-seriously-injured-in-weekend-crashes/article_cbddf348-3762-5172-9e76-7bf6ec53544c.html" target="_blank" style="display: initial;">
Two killed, others seriously injured in weekend crashes
</a>
<span style="display: initial;">
“, Traci Black, July 13, 2015
</span>
</p>
</div>Proving a DWI case can be difficult2015-07-10T15:33:23Z2015-07-10T15:33:23Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Drunk driving has long been perceived as a significant problem on America’s roads. Long gone are the days when someone leaving a restaurant or bar would “have one for the road.” And much of the reduction in the nation’s highway fatalities from the 1980s is the result of stricter enforcement of driving while intoxicated laws.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
But it is still seen as a serious problem and more than 10,000 deaths are attributed to drivers who are intoxicated. In addition, this tends to cause the police in most jurisdictions to continue to engage in aggressive enforcement of the
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
DWI laws
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Crashes still happen, and if you are charged with a DWI in a crash where someone died, you could face severe penalties. In Missouri, if your case was charged Class B felony, you could be facing a sentence as long as 15 years in state prison.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A man in St. Charles was involved in a crash last weekend with a motorcycle that resulted in the death of the motorcycle driver. According to the news report, he ran a stop sign and struck the motorcycle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This is the second fatal accident involving this man in the last year, as he was driving another vehicle that crashed into a pond and his passenger died in the accident. He was charged with a DWI in that incident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
He was not charged with involuntary manslaughter in the first crash, as the prosecutor noted that there was insufficient evidence to support that charge. In the crash from last weekend, he has been charged with involuntary manslaughter and leaving the scene of an accident. Additional charges could still be filed in the most recent crash. (Cont.)
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: stltoday.com, “
</span>
<a href="http://www.stltoday.com/news/local/crime-and-courts/man-charged-in-fatal-weekend-crash-in-st-charles-faces/article_b328ffea-8c6a-54e8-bdfe-bf12a98676d1.html" target="_blank" style="display: initial;">
Man charged in fatal weekend crash in St. Charles faces DWI charge from deadly October wreck
</a>
<span style="display: initial;">
,” Susan Welch, July 7, 2015
</span>
</p>
</div>Harper, Evans, Wade & Netemeyer secures a $1,125,000.00 settlement for clients injured in automobile accident.2015-07-09T15:33:26Z2015-07-09T15:33:26Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Our Personal Injury team has been busy and is kicking the month off in high gear. Our well-versed personal injury team, Ron Netemeyer and Jill Harper, filed suit for clients that were being treated unfairly by the insurance company.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This case sprang from an automobile accident in Boone County, Missouri. Our clients, the Plaintiffs, were injured in an accident that was not their fault. The male victim received multiple injuries from the accident, including fractures to his tibia/fibula & ankle, along with lacerations to his head, throat & elbow; the female victim also received multiple injuries from the accident, including fractures to her right arm, leg, ankle, and her foot, and abrasions to her head.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The victims were involved in an automobile accident on August 13, 2014. Our female client was driving her 2000 Plymouth Neon northbound on Brown Station Road in Columbia, Boone County, Missouri and our male client was the passenger. The Defendant was driving a 2009 Ford F-150 XLT southbound on Brown Station Road. The Defendant attempted to make a left turn from the southbound lane, crossing the center line. Our female Plaintiff swerved in an attempt to avoid the impending collision at the same time the Defendant was re-correcting his vehicle and the Neon and the F-150 collided. As a result of this accident the female driver and male passenger of the Neon suffered the above-noted injuries.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The male victim had $93,497.27 in medical bills and the female had $185,718.08 in medical bills.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Prior to the involvement of Ron Netemeyer and Jill Harper, our top personal injury attorneys, on the Plaintiffs’ behalf, the Defendant’s insurance company was claiming that our female Plaintiff was at fault, or at the very least, was comparatively negligent. Once retained, Mr. Netemeyer and Ms. Harper immediately filed a lawsuit against the Defendant’s insurance company. Shortly thereafter, it was agreed that our clients, the Plaintiffs, had no negligence in this accident.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Once the Plaintiffs were finished with their medical treatment, demand letters were sent to opposing counsel. After negotiations, we obtained a settlement in this case in the amount of $1,125,000.00, without ever having to go to trial. The female Plaintiff was awarded $725,000 and the male Plaintiff was awarded $400,000.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Have you been hurt in an accident and it wasn’t your fault? Do you know someone that has been hurt in an accident that wasn’t their fault? Are you dealing with an insurance company but getting nowhere? Give us a call at 573/442-1660 and ask to speak to Ron or Jill and see what they can do for you today. All it takes is one call!
</span>
</p>
</div>Unique child support options becoming more popular2015-07-08T15:33:30Z2015-07-08T15:33:30Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
For most every family,
</span>
</span>
<a href="/family-law/child-support" style="display: initial;">
child support
</a>
<span style="display: initial;">
<span style="display: initial;">
is not just about a number arbitrarily assigned in family court. Child support in general is meant to secure the care and welfare of a child, and that definition is evolving for many. Missouri families and others may have noticed that, for some families, child support is being paid in more unique and equally effective ways aside from a traditional check each month.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Low-income parents who owe support may have a difficult time coming up with a certain amount at a certain time. This does not mean they have walked away or have failed to live up to their parental responsibility. According to a new study, a lot of non-custodial fathers in major cities across the country give what has been labeled as “in-kind” support to children. This refers to buying actual items that are needed or otherwise spending directly on the children in need of support.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This kind of payment has been shown to be gratifying to the paying parent, and it helps the relationship between parent and child. An arrangement like this can be beneficial in situations where the parents have an amicable relationship. This form of support can also help families avoid unnecessary litigation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Each case can be vastly unique — as unique as the family involved. Circumstances can also change drastically for families and therefore make an existing child support order or agreement impossible or difficult for a family or parent. Having an alternative or exploring options such as the possibility of “in-kind” child support may be the answer for struggling Missouri families.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: thestreet.com, “
</span>
<a href="http://www.thestreet.com/story/13208678/1/divorced-dads-give-in-kind-child-support-to-feel-more-connected-to-their-kids.html" target="_blank" style="display: initial;">
Divorced Dads Give In-Kind Child Support to Feel More Connected to Their Kids
</a>
<span style="display: initial;">
“, S.Z. Berg, July 6, 2015
</span>
</p>
</div>Holiday weekend motorcycle accidents result in death2015-07-08T15:33:28Z2015-07-08T15:33:28Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Holiday weekends can be one of the most dangerous times to be on Missouri roadways. There are more vehicles, including motorcycles, on the road on a Fourth of July holiday weekend. Typically, that means more potential hazards. Drivers may be distracted or careless with holiday hullabaloo on their minds. Motorcycle accidents are an unfortunate reality during these times.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In Randolph County on Friday, July 3, at around 3 p.m., a 56-year old man was driving his motorcycle north on Highway 63. At this moment, according to the Missouri State Highway Patrol, a 61-year old woman was driving her vehicle east across the highway. When she crossed the median into the motorcycle’s path, the motorcycle driver applied his brakes, causing him to skid, hit the right side of the vehicle and be thrown from his motorcycle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Sadly, the Missouri man was pronounced dead at the scene. The woman suffered minor injuries and was taken to a nearby hospital. Apparently, the woman had been wearing her seat belt, and the motorcyclist was wearing a helmet. Alcohol was not suspected to be a cause in this accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
It is not always easy to determine who is at fault in
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accidents
</a>
<span style="display: initial;">
. In Missouri, when the evidence points to negligence by one or more parties to a motor vehicle crash, the victim — or the victim’s immediate surviving family in the event of a fatality — has the right to pursue a civil claim for financial damages. If negligence that is deemed to have been the proximate cause of an accident and injuries or death that resulted is properly documented in court, claims for specific items of financial damages will be considered.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: lakenewsonline.com, “
</span>
<a href="http://www.lakenewsonline.com/article/20150706/NEWS/150709460" target="_blank" style="display: initial;">
Two lake area men killed in traffic crashes over the holiday weekend
</a>
<span style="display: initial;">
“, July 6, 2015
</span>
</p>
</div>Motorcycle accidents injure bikers2015-07-01T16:06:14Z2015-07-01T16:06:14Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Summertime is the time for motorcycles to be on the roads in Missouri. On major roads or the back roads, other drivers must be alert to their two-wheeled motorists. When drivers are neglectful,
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
may occur.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
At 11 a.m. on Monday June 22, a 49-year-old motorcyclist came to the top of a hill only to find his lane blocked by a horse trailer attached to a parked truck. The blind hill had hidden this obstacle from the motorcyclist until it was too late. He was not able to stop his motorcycle in time, but laid his motorcycle down. In turn, he hit and skid along the road and underneath the horse trailer.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A Missouri State Highway Patrol spokesperson indicated that the truck was unoccupied at the time of the accident. The driver had apparently parked his truck in the road and gotten out to speak to someone. The motorcyclist refused treatment for his injuries on the scene, but later was taken to a nearby hospital to be treated. The driver of the parked truck was not injured; he was gone by the time the highway patrol arrived but had left his information at the scene.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Not all motorcycle accidents are fatal, but they most often result injuries to the motorcycle driver. All drivers should be alert and defensive on all roadways, especially in the motorcycle months of summer. When a driver is found to have been negligent in causing or substantially contributing to one of the motorcycle accidents in Missouri, the victim has the right to pursue a civil claim for financial relief. A successful lawsuit may result in compensation for pain and suffering, missed time from work, medical expenses and other damages recognized by our personal injury laws.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: dailyjournalonline.com, “
</span>
<a href="http://dailyjournalonline.com/news/local/accidents/motorcycle-accident-leaves-one-injured/article_9468aa07-9e22-51cf-ab8f-5764e1a9e95b.html" target="_blank" style="display: initial;">
Motorcycle accident leaves one injured
</a>
<span style="display: initial;">
“, Renee Bronaugh, June 24, 2015
</span>
</p>
</div>Don’t lose your independence with a Fourth of July DUI2015-07-01T15:33:32Z2015-07-01T15:33:32Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Before heading out for your Fourth of July plans, remember that police in Missouri will be out in full force looking for impaired drivers as part of the national “Drive Sober or Get Pulled Over” campaign.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Numerous law enforcement agencies will be joining forces in effort to crack down on as many suspected drunk drivers as possible using sobriety checkpoints and extra patrols.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Those who find themselves cited for DUI will face very serious consequences. Even first-time offenders face up to $500 in fines and up to six months in jail. They also risk a 30-day license suspension followed by a 60-day restrictive license. Those who refuse a breath test also face a 12-month license suspension.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Of course, the consequences only get more severe with each additional conviction. Potential fines and jail time increase, and those who are convicted of DUI twice in the same 10-year period face felony charges if they are accused a third time.
</span>
</p>
<p>
<br/>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Anyone who is charged will need to
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
speak with an experienced criminal defense lawyer
</a>
<span style="display: initial;">
<span style="display: initial;">
in order to have the best chance at preventing the charge from turning into a conviction. Even when evidence seems stacked up against you, it is always worth your while to meet with a lawyer to see if there were problems with the field sobriety tests and blood-alcohol tests that were performed.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
Of course, the best way to avoid a DUI is to arrange a sober ride home if you plan to celebrate Independence Day with alcohol. If you are impaired, call a sober friend or family member for a ride home, or use public transportation to get to your destination safely.
</p>
</div>Things to consider as a property division agreement moves forward2015-06-30T16:06:15Z2015-06-30T16:06:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Any split can lead to a
</span>
</span>
<a href="/home-old" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
dispute or obstacles to finding a fair and equitable settlement. For Missouri couples, there are certain details to consider first before agreeing to or signing a property division agreement. While each couple may be unique, certain aspects of an agreement can be quite common and should be realized ahead of time.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One common complication can be if there are minor children to consider. The needs of those children, particularly housing and transportation, can weigh heavily on who gets the house or a family vehicle. If there is a disabled child or disabled spouse, a property division agreement may have to reflect those individual needs when it comes to the house or certain specially equipped vehicles.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The status of finances or a shared business can also impact a property division settlement. If a business is set to expand or has significantly appreciated, the fate of that business can truly affect one or both parties. This holds true for any shared assets that may have increased in value as each party thinks about the future value of a certain item.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Even when a property division agreement is negotiated as amicably as possible, the outcome will impact the finances and lifestyle of both parties. Anticipation of this impact can be stressful and overwhelming. Missouri couples who take the time to consider factors unique to their situation before moving forward can help themselves alleviate that stress and have a better understanding of how their property division agreement will impact them directly.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: huffingtonpost.com, “
</span>
<a href="http://www.huffingtonpost.com/brad-reid/a-few-questions-to-consid_b_7688606.html" target="_blank" style="display: initial;">
A Few Questions to Consider in Divorce Property Division Situations
</a>
<span style="display: initial;">
“, Brad Reid, June 29, 2015
</span>
</p>
</div>Racial bias in our laws lessen, still not perfect though2015-06-26T16:06:18Z2015-06-26T16:06:18Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There were a lot of lessons to be learned from the incident in Ferguson. For many across Missouri, including here in Columbia, one of the main lessons learned was that racial bias is still prevalent in our society, perhaps even among law enforcement officers who are tasked with upholding a law that is supposed to be color blind.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
For those who regularly visit our blog, you know that this isn’t the first time we have talked about the possible racial bias that exists within our criminal justice system. Back in August last year we spoke about the apparent racial bias found in federal sentencing laws, particularly for non-violent drug crimes.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As you may remember from our post, it was believed that federal drug laws for possession of crack cocaine targeted blacks who were more likely to possess the substance. Sentencing was harsh too, even for non-violent offenders, which has created predominantly black prison populations in many states across the nation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The disparity between incarceration rates for blacks versus whites prompted action from Attorney General Eric Holder whose Smart on Crime initiative reduced the federal sentencing guidelines for non-violent drug offenses. Though this has resulted in fewer prosecutions for drug crimes and fewer requests for mandatory minimum sentences by prosecutors, many people believe that more could be done to not only reduce prison populations but to help eliminate racial bias altogether.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
According to a recent
</span>
</span>
<a href="http://www.washingtonpost.com/blogs/the-fix/wp/2015/06/25/5-reasons-congress-could-soon-do-something-big-on-criminal-justice-reform/" target="_blank" style="display: initial;">
Washington Post piece
</a>
<span style="display: initial;">
, now could be the time for change. As the article points out, addressing criminal justice reform was part of the president’s State of the Union address at the beginning of this year. Many politicians, even some who had shown little or no support for reform, are now joining the efforts for change as well. But whether this momentum sparks any changes here in Missouri remains to be seen.
</span>
</p>
</div>Drug ChargesMissouri Interstate 70 shut down by multi-truck accidents2015-06-26T16:06:17Z2015-06-26T16:06:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The middle of the night can be a scary and dangerous time to be on Missouri roadways. Though there is less traffic at these odd hours, there are numerous other factors that make the roads risky. Tractor-trailer drivers must make it to their destination in a specific amount of time so they must clamber along the dark Interstates to make their deadlines. Truck accidents, like the recent chain-reaction semi accident in Columbia, are not uncommon in these situations.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
On June 19 at 12:45 a.m., a semi ran off the road in the westbound lane of Interstate 70. According to a Columbia police officer, the driver hit the concrete barrier on the right side of the road and overcorrected. He then hit the guardrail on the left side of the road, ultimately landing in a ditch. Four semis were traveling close enough behind the first that the drivers did not have time to stop. All five vehicles were damaged and had to be towed away after each leaked fuel that was cleaned up by the Missouri Department of Transportation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Five people — two drivers and three passengers from the first three trucks — were taken to the hospital for injuries. Those in the fourth and fifth trucks were uninjured. Both westbound lanes were blocked until a little after 2 a.m. and were not completely reopened until 6:40 a.m. The officer could not state if intoxicants or fatigue were factors in causing the initial crash.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
It is not yet clear what caused the driver of the first truck to go off course. However, his actions appears to have caused a chain-reaction accident, harming other people and resulting in damage to vehicles. It is the right of those seriously injured in Missouri
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury/truck-accidents/" target="_blank" style="display: initial;">
truck accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
to sue the party or parties deemed responsible for any monetary damages sustained. In this accident, workers’ compensation benefits may also apply for any victims who where were injured while working, regardless of fault.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/local/chain-reaction-crash-closes-interstate-overnight/article_d4661e94-8139-5119-8025-c1fd5d15c24b.html" target="_blank" style="display: initial;">
Chain-reaction crash closes Interstate 70 overnight
</a>
<span style="display: initial;">
“, Alan Burdziak, June 19, 2015
</span>
</p>
</div>Truck AccidentsProperty division and the family home2015-06-23T16:06:23Z2015-06-23T16:06:23Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
For any divorcing couple, decisions about
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
details can mean trying to find a way to divide a whole life together. One major property division decision typically involves the family home. For many Missouri families, this can be the most important and emotional decision during divorce proceedings.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The home may be a source of stability for couples with children. A relatively new notion called nesting is where both parents remain the home after a divorce. This is done for the sake of the children and can be accomplished by making use of a guest bedroom for one of the parents.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Another version of both parents staying in the home involves splitting the time spent in the house. Under this arrangement, the parents alternate the time they each live in the house. This requires both parents to have an alternate place to live when it isn’t his or her designated time to be in the home.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While the idea of sharing the family home after a divorce may not work for everyone, it is a property division option that is gaining steam. The financial aspect of a divorce in Missouri may impact the decision to keep or share a home as much as the stability factor. It is helpful for both parties to be on the same page in order to explore which options may work in their favor as a property division agreement is negotiated and they decide upon the best course of action for their family and their individual financial circumstances.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Washington Post, “
</span>
<a href="http://www.washingtonpost.com/realestate/the-hardest-part-for-parting-couples-what-to-do-with-the-house/2015/06/18/bc396456-f271-11e4-bcc4-e8141e5eb0c9_story.html" target="_blank" style="display: initial;">
The hardest part for parting couples: What to do with the house
</a>
<span style="display: initial;">
“, Allison Klein, June 19, 2015
</span>
</p>
</div>Property DivisionMany Missouri car accidents occur close to home2015-06-19T16:06:25Z2015-06-19T16:06:25Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Car accidents can occur anywhere, but especially close to home. A Missouri driver becomes accustomed to the routine drive home, but that drive can be changed in an instant when a negligent driver gets in the way. Recently in Butler County, a beloved teacher near her home became a victim in one of these tragic car accidents.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Recently, at 5:45 p.m., a woman, age 50, was driving northbound on Highway F in a sedan. At that moment, a 34-year-old man driving a truck northbound on County Road 484 allegedly failed to stop at a stop sign, ultimately causing the two vehicles to collide. According to a local sergeant, the man was pulling a trailer with five ATVs. He had been at an event at a nearby off-road park. Authorities are looking into whether alcohol had any part in this accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The driver of the truck and his female passenger suffered
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
serious injuries
</a>
<span style="display: initial;">
<span style="display: initial;">
and were taken to a nearby hospital. No further information has been released concerning their injuries. The woman driving the sedan was also taken to the hospital; her spinal cord was severed around the base of her neck. Tragically, she is paralyzed from the neck down.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If the man who was driving the truck is found to be negligent, the woman and her family may choose to pursue compensation for her severe injuries. In Missouri, compensation for victims in car accidents is an option. Financial compensation can ease the victim’s transition as he or she recovers or is forced into a new way of life because of injuries caused by a negligent driver.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: dailystatesman.com, “
</span>
<a href="http://www.dailystatesman.com/story/2202811.html" target="_blank" style="display: initial;">
1 dead,1 paralyzed in accidents near Bricks in Butler County
</a>
<span style="display: initial;">
“, Michelle Friedrich, June 9, 2015
</span>
</p>
</div>Can divorce cause health problems?2015-06-17T16:06:27Z2015-06-17T16:06:27Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
It was once thought that the end of a long-term relationship could lead to health problems for former partners. However, Missouri readers may be interested to know that new studies suggest that middle-age Americans who
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce
</a>
<span style="display: initial;">
<span style="display: initial;">
are just as healthy as their married peers. It is possible, even likely, that divorce has a minimal impact on overall health.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Interestingly, the data collected during the study suggested that those who divorced and remarried did not have an increased chance of respiratory issues and cardiovascular problems. It is a commonly accepted fact that those who are married have better overall health than those who are unmarried or divorced. However, this study revealed that those who divorce often revert back to their pre-divorce health status.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
There are many factors that can impact overall health, including culture, financial status and genetic factors. However, external factors, such as a stressful marriage or the divorce process can also impact health. Overall, there is nothing to suggest that Missouri couples will face certain health issues or will be unable to fully recover from the end of a marriage, no matter how long the relationship lasted.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When considering divorce, it can be useful to seek an evaluation with a knowledgeable legal professional, even before the process is initiated. This can help a couple make informed decisions throughout the potentially difficult process, even avoid costly litigation. A divorce is a difficult process, but informed individuals can avoid undue stress with the help of a legal ally. Less stress can mean a faster divorce, and a faster divorce can lead to a healthier, happier future.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Yahoo, “
</span>
<a href="https://www.yahoo.com/health/divorce-may-not-be-so-unhealthy-after-all-121371068902.html" target="_blank" style="display: initial;">
Divorce May Not Be So Unhealthy After All
</a>
<span style="display: initial;">
“, Amy Capetta, June 12, 2015
</span>
</p>
</div>How bad science can leave you facing a wrongful conviction2015-06-15T16:06:28Z2015-06-15T16:06:28Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
If there is anything that crime shows like “CSI” teach of it’s that forensic science is oftentimes the key to getting a conviction. Without it, prosecutors have to let “the bad guy” walk free because they don’t have the evidence they need to put them away for the crime.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But thanks to groups like the Innocence Project, we can see that forensic science isn’t infallible. Many techniques, from bite mark comparisons to blood splatter analysis, have not been put through the rigors of evaluation by the scientific community. More still aren’t standardized, making room for procedural errors and the possibility of wrongful convictions too.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Our Columbia readers can see this by looking at an out-of-state case in which a man served 26 years for setting a fire that killed his wife and two daughters. It wasn’t until after reviewing the evidence — nearly 25 years later — that experts finally agreed with what the man had been telling the courts from the beginning: he hadn’t done anything wrong.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you think this case is one of the rare ones, it’s not. It is just one of many that have shown the imperfection of forensic science and the problems it creates for innocent people.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Just as in the out-of-state case we mentioned above, here is Missouri
</span>
</span>
<a href="/criminal-defense/arson" style="display: initial;">
arson is considered a serious crime
</a>
<span style="display: initial;">
. If it results injury or death, a person could be charged with a class A felony that may lead to a maximum of 30 years or life in prison.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
For a lot of our readers, both returning and new alike, penalties like this should be reason enough for the courts to make sure that the forensic techniques that are being used to gather evidence are vetted and deemed scientifically sound so that people aren’t being punished for crimes they didn’t commit. And because our courts are also there to dole out justice, it isn’t farfetched to say that courts also owe it convicts to review appeals, especially if it’s possible that they may have been wrongfully convicted because of bad forensic science.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Sources
</span>
<span style="display: initial;">
: NBC News, “
</span>
<a href="http://www.nbcnews.com/news/investigations/trial-fire-junk-science-sent-dad-prison-killing-wife-kids-n89601" target="_blank" style="display: initial;">
Trial by Fire: Junk Science Sent Dad to Prison for Killing Wife, Kids
</a>
<span style="display: initial;">
,” Hannah Rappleye et al, June 19, 2014
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p style="line-height: 1;">
<span style="display: initial;">
Missouri General Assembly, “RSMo § 569.040. 1,” Accessed June 15, 2015
</span>
</p>
<p style="line-height: 1;">
<span style="display: initial;">
<br/>
</span>
</p>
<p style="line-height: 1;">
<span style="display: initial;">
Missouri General Assembly, “RSMo § 558.011. 1,” Accessed June 15, 2015
</span>
</p>
</div>Pedestrian accidents can injure unsuspecting victims2015-06-12T16:06:29Z2015-06-12T16:06:29Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In Missouri, car accidents can injure more than just those who are traveling in vehicles. All too often an innocent pedestrian, especially one who is not considering the danger of the roadway, can be impacted, injured or even killed by a negligent driver. Pedestrian accidents can happen to anyone, anywhere and at anytime.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On Sunday, June 7 in Butler County, an 8-year-old girl was that unknowing, unfortunate pedestrian. She was struck and injured when a parked car near her was hit by a 16-year-old girl driving a sedan. The accident occurred at 3:45 pm, when the teen drove off the roadway, hit the parked vehicle and, consequently, forced it into motion. Sadly, it ultimately struck the young pedestrian.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to the Missouri State Highway Patrol, both the driver and the pedestrian suffered from minor injuries. They were taken by ambulance to a nearby hospital. No further information has been released concerning their statuses.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Regardless of the reason why this teenage driver veered from the road, the resulting collision and chain reaction led to injuries to herself and to an innocent 8-year-old child. Careless
</span>
</span>
<a href="/personal-injury/pedestrian-accidents" style="display: initial;">
pedestrian accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
like this one often leave injured victims and their families struggling to understand why such an incident occurred and unsure of what to do next. Fortunately, those affected by pedestrian accidents that were caused by negligent drivers have the right to pursue personal injury compensation. Through the successful presentation of personal injury suits, compensation may be awarded by a Missouri civil court that will assist victims and their families financially and allow them to focus on the recovery process.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kfvs12.com, “
</span>
<a href="http://www.kfvs12.com/story/29263447/car-accident-injures-teen-and-young-child" target="_blank" style="display: initial;">
16-year-old driver hits parked car, 8-year-old pedestrian in Butler Co.
</a>
<span style="display: initial;">
“, Nichole Cartmell, June 8, 2015
</span>
</p>
</div>Case shows affect campus sexual assault claim has on accused2015-06-10T16:06:31Z2015-06-10T16:06:31Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When conversations turn to the topic of sexual assault, most people focus on the impact such events have on victims. They often talk about the psychological impact as well as the social stigma that accompanies the act. The conversation typically then turns to the topic of justice and how it can be awarded to victims.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Rarely ever though does the conversation touch on how a sexual assault allegation can affect the person being accused. When you think about it, it’s not hard to see why. Our society is ruled by the idea of justice; and to think that someone accused of a crime is actually innocent doesn’t tend to be our first thought.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As frequent readers of our blog know, this isn’t the first time that we’ve touched on this topic. In fact, we talked about this issue before in a piece we wrote in November of last year. In the post we focused on allegations of sexual assault on college campuses and the perceived justice that colleges and lawmakers should be granting victims. But as we pointed out in the post, sexual assault policies must also consider the impact on the accused as well, especially if there is little to no evidence to suggest that a crime occurred.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
This fact is perhaps best illustrated by the
</span>
</span>
<a href="http://www.nytimes.com/2015/05/29/magazine/have-we-learned-anything-from-the-columbia-rape-case.html?ref=us" target="_blank" style="display: initial;">
sexual-assault case
</a>
<span style="display: initial;">
<span style="display: initial;">
out of Columbia University that many across Missouri may have heard about on the news. Even though no criminal charges were brought against the man accused of sexually assaulting a female student on campus nor was there a criminal trial, he has still been labeled as a rapist by fellow students and has been “shunned on campus.”
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
This case and others like it show the importance of our criminal justice system and the presumption that everyone is innocent until proven guilty. Unfortunately, college campuses do not operate under the same presumption of law, meaning those accused but never found guilty, must endure judgment from society that oftentimes does not consider all the facts before making a decision about guilt or innocence.
</p>
</div>Sex CrimesAlleging bizarre behavior, dad seeks child custody2015-06-09T16:17:17Z2015-06-09T16:17:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Once a marriage is dissolved or annulled, a couple will need to work together if there are children involved and share decision-making responsibilities. When the marriage dissolves and there are allegations of abuse,
</span>
</span>
<a href="/family-law/child-custody" style="display: initial;">
child custody issues
</a>
<span style="display: initial;">
<span style="display: initial;">
may be more difficult for parties to decipher on their own. Court intervention by Missouri family court professionals can ensure parental rights are respected and serious issues are handled fairly and with the best interests of the children in mind.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One child custody case making news pertains to a father’ fight to gain custody and sole decision-making responsibilities for his minor children. The couple was married for more than two decades and have four minor children and one adult child. Upon the marriage being annulled, the father alleges the mother was unwilling to communicate with him pertaining to important matters, such as medical issues and the children’s education.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The father also alleges abuse on the part of the mother. He has stated he would like police to escort him to the house so he can retrieve belongings. The father cites an incident where contact with the children was denied and the mother banged on his car hood. He has stated that in his case, shared parental responsibility is not an option.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Cases where parents cannot work together to resolve child custody issues or situations where there are allegations of fear or abuse can make co-parenting difficult, if not impossible. The quest for sole decision-making responsibility can be difficult for one parent to pursue and can make future dealings with the other parent more troublesome than what may be wanted. With court intervention, a workable agreement can be reached, and the best interests of the children in Missouri will be considered above the wants and needs of the parents who may have difficulties working together outside of the confines of a courtroom.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: orlandosentinel.com, “
</span>
<a href="http://www.orlandosentinel.com/news/breaking-news/os-ap-alan-grayson-custody-divorce-20150602-story.html" target="_blank" style="display: initial;">
U.S. Rep Alan Grayson wants custody of kids, calls mom’s behavior ‘bizarre’
</a>
<span style="display: initial;">
“, Mike Schneider, June 2, 2015
</span>
</p>
</div>Child CustodyCar crashes occur daily in Missouri, causing injuries and deaths2015-06-04T16:17:19Z2015-06-04T16:17:19Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
It is a sad fact that
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
, fatal or not, occur every day on Missouri roads. In some cases, car accidents may occur due to poor weather. In other instances, they may be due to the reckless driving of another driver. Unfortunately, one of Missouri’s most recent car crashes has claimed the life of one of the passengers who was in the vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to authorities, the vehicle, which contained two passengers, left the road and overturned one recent evening. One of the passengers was a 51-year-old man who was partially thrown from the vehicle. He was transported to a medical facility where he was formally pronounced deceased.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The second passenger was a 26-year-old male. He sustained only minor injuries from the crash. It is unclear whether or not the driver, a 27-year-old male, sustained any injuries. However, state law requires that he be tested for drug and alcohol use. At this time, the results have not been disclosed.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When Missouri individuals fail to exercise reasonable care while on the road, they may be found negligent when car crashes occur. A person may be required by the court to pay for any damages caused by his or her negligence. The victim or the victim’s family, however, must prove that the defendant indeed acted negligently and that negligence caused the accident and injuries that followed. If this can be done, the victim or the victim’s family may be able to receive a monetary award to help cover any financial losses from the accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: kfvs12.com, “
</span>
<a href="http://www.kfvs12.com/story/29175837/man-dies-after-car-crash-in-carter-county" target="_blank" style="display: initial;">
Man dies after car crash in Carter County
</a>
<span style="display: initial;">
“, Nichole Cartmell, May 28, 2015
</span>
</p>
</div>Financial changes during divorce need to be explored2015-06-02T16:17:20Z2015-06-02T16:17:20Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
The financial changes that affect both parties during and after a divorce reach far beyond the amount ordered for alimony or
</span>
</span>
<a href="/family-law/child-support" style="display: initial;">
child support
</a>
<span style="display: initial;">
. Understanding the unique changes that can impact each family is the first step to minimizing the financial shock and ensuring a smooth transition for all. Missouri couples can pre-plan and work with professionals who can provide invaluable tips as a divorce moves forward and even years after a final judgment, if need be.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One piece of advice for all parties is to track expenses. When it comes to splitting the cost of child rearing, technology may be an asset in order to keep track of who spends what on the child. Parents have to abide by court orders, but working together to use software to track extras may help ensure full accountability and compliance. For others, sharing financial information may be difficult, especially if there is a great deal of animosity. This could require court intervention to ensure that appropriate information is shared.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There may be other financial matters outside of child-related expenses to consider, including the fate of retirement accounts and insurance policies. Younger couples far from retirement may also want to learn more about potential Social Security benefits that they may be entitled to receive. Family law attorneys can help couples unravel and fairly split these assets, which may end up on the back burner if there is only a focus on alimony or child support.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A divorce can be convoluted as couples think about the immediate needs related to finances and changes that take place immediately. Deciding early on how to proceed with splitting assets and tracking expenses can help all involved have a firm grasp on what will occur and how each party will be affected. For those in Missouri who still struggle to work with the other party to pre-plan or fairly deal with financial changes, legal representatives can present viable options that can be customized to meet the individual needs of all involved.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: philly.com, “Investing in You: Financial help for the no-longer-married”, Erin Arvedlund, May 31, 2015
</span>
</p>
</div>Supreme Court ruling may affect bail rules for immigrants2015-06-01T16:17:21Z2015-06-01T16:17:21Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Did you know that at present time, the wording of our laws here in Missouri allow law enforcement to deny bail to an individual if their immigration status is in doubt? We are one of three states that has enacted legislation to do this. But could a recent Supreme Court decision force lawmakers to reconsider the constitutionality of such an action? Some in the state might argue yes.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
For those of our Columbus readers who follow the U.S. Supreme Court and the decisions it makes, you may have heard about their ruling in a case that called to question the constitutionality of laws that deny a person the right to bail solely based on their immigration status. The question has created some confusion across the nation and for good reason. Courts have delivered conflicting verdicts regarding unauthorized immigrants in the past.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While the U.S. Supreme Court ruled in 2003 that an unauthorized immigrant may be denied release if they are considered a flight risk, another court decision ruled that this could only be allowed if the defendant was believed to be dangerous. Verdicts like this leave a huge grey area for an individual whose immigration status is in question but is not considered dangerous or a flight risk.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Despite the fact that the case before the U.S. Supreme Court concerned a constitutional amendment made in Arizona, the case does raise questions about the current nature of our state’s laws as well. Although
</span>
</span>
<a href="http://www.moga.mo.gov/mostatutes/chapters/chapText544.html" target="_blank" style="display: initial;">
§ 544.472
</a>
<span style="display: initial;">
<span style="display: initial;">
of the Missouri Revised Statutes does state that if a person is eligible for release then they may not be denied bond or release, the wording of the law is specifically aimed at unauthorized immigrants. This begs the question: is a person in this class of people protected by the law or not?
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If you’re like us, you probably are hopeful that this most recent U.S. Supreme Court decision will have some effect on lawmakers, especially here in Missouri, because the current state of the law leaves a lot open to interpretation and perhaps even the violation of an individual’s rights.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: USA Today, “
</span>
<a href="http://www.usatoday.com/story/news/nation/2015/06/01/supreme-court-arizona-immigration/27792057/" target="_blank" style="display: initial;">
Justices block law denying bail to illegal immigrants charged with felonies
</a>
<span style="display: initial;">
,” Richard Wolf, June 1, 2015
</span>
</p>
</div>Motorcycle accidents, injuries, deaths will be on the rise2015-05-27T16:17:23Z2015-05-27T16:17:23Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
With the weather getting warmer, there will be more motorcycles out on Missouri roads. This also means that there is a higher chance of
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
occurring. Since motorcyclists are not afforded the same protection as a driver in a truck, motorcycle accidents almost always result in serious injuries.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to authorities, a recent accident has taken a man’s life. The accident happened one morning in Wheatland, Missouri. A truck was trying to pull into the parking lot of a local general store when it hit a motorcycle.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The motorcycle was being driven by a 52-year-old man. His wife was a passenger on the bike. The impact of the collision caused both husband and wife to be ejected from the motorcycle. The man was pronounced dead at the crash scene, while his wife was taken to a nearby hospital with what is said to be serious injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
At this time, no formal charges have been filed against the truck driver. However, whether or not charges are filed in vehicle and motorcycle accidents here in Missouri, victims still have the right to pursue a legal clam in civil court, if they wish to do so. Such a claim may provide the victim or the family of a deceased victim with a monetary award that can help pay for financial expenses that occurred as a result of the accident. However, in order for a claim like this to be a success, sufficient proof will be necessary to prove that the other driver acted recklessly or negligently and caused the accident and subsequent injuries or death.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: ky3.com, “Polk County man killed in truck vs. motorcycle crash”, Sean Barnhill, May 22, 2015
</span>
</p>
</div>Temporary order granted international child custody case2015-05-26T16:17:25Z2015-05-26T16:17:25Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Many
</span>
</span>
<a href="/family-law/child-custody" style="display: initial;">
child custody
</a>
<span style="display: initial;">
<span style="display: initial;">
cases are not simply decided after one hearing. It is not unusual for temporary orders to be handed down in situations in which a family’s needs or the children’s need evolve over time. When a case crosses Missouri state lines or even international borders, the process of determining child custody can be complex and time consuming for the parents and the children involved.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Kelly Rutherford, a television actress known for her role on the show “Gossip Girl”, has found herself in the news lately because of her plight to regain custody of her two children. The actress and her ex-husband married in 2006. They divorced in 2010 and have a 5-year-old daughter and an 8-year-old son together.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The father took the children overseas, and Rutherford has fought for their return. She visited France to spend time with them but was not granted access to the kids. She states her ex-husband said she refused to hand over the kids’ passports. However, she also says she agreed to give them to a neutral party during the visit, stipulating that she did not want them to go to a person of her ex-husband’s choosing.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A judge has recently granted an order to give her temporary custody. There is an additional court hearing planned. A temporary order may be considered a win for a parent seeking the order, but, as it is temporary, the child custody process may be far from over and require additional hearings in a Missouri family court. International law and visa issues may make the process of deciding in the best interests of the children with respect to the rights of the parents much more complicated than the parents may have originally anticipated.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: CNN, “
</span>
<a href="http://edition.cnn.com/2015/05/24/entertainment/feat-kelly-rutherford-custody-children/" target="_blank" style="display: initial;">
Kelly Rutherford granted sole custody of two children
</a>
<span style="display: initial;">
“, Emanuella Grinberg and Dana Ford, May 25, 2015
</span>
</p>
</div>Child CustodyParents who serve alcohol at parties can face charges too2015-05-26T16:17:24Z2015-05-26T16:17:24Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In a matter of a few days, graduation ceremonies will commence for high schools across the state of Missouri. Along with school festivities also comes individual parties for each graduate. And while some parents may want to respect the law and avoid serving alcohol to minors, some parents might not see the harm in honoring their child’s — and their friends — passage into adulthood with an alcoholic beverage.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you are considering the same thing for your child’s graduation party, we’d advise you to stop now before acting. That’s because it is illegal here in Missouri, as well as across the nation, to provide alcohol to a minor. Unless you are the parent of the minor and you are on private property, giving alcohol to a minor is a criminal offense that can not only mean negative consequences for you but also for the minor as well.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
According to
</span>
</span>
<a href="http://www.moga.mo.gov/mostatutes/stathtml/31100003101.html" target="_blank" style="display: initial;">
Section 311.310.1
</a>
<span style="display: initial;">
<span style="display: initial;">
of the Missouri Revised Statutes, furnishing a minor with alcohol is a class B misdemeanor, which carries the possibility of between five and 15 years in prison — as is explained in Section 558.011.1(2) of the MRS. If this is not the first violation of this type on an individual’s record, the charge becomes a class A misdemeanor, which carries a steeper penalty.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Minors are just as likely to incur
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
criminal penalties
</a>
<span style="display: initial;">
<span style="display: initial;">
for their consumption of alcohol as parents are for providing it. Under state and federal law, consuming alcohol under the age of 21 is a punishable offense. Here in Missouri, it can lead to as much as a $1,000 fine and the possibility of up to a year of imprisonment. As the University of Central Missouri’s site explains, a minor will also be required to pay attorney and court fees if their charges lead to litigation.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
Because alcohol-related criminal charges can negatively impact both an adult and a minor’s life, our Columbia readers are highly advised to avoid serving alcohol to minors or allowing them to consume alcohol at any upcoming graduation parties.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Sources
</span>
<span style="display: initial;">
: The University of Central Missouri, “
</span>
<a href="https://www.ucmo.edu/ps/safety/faq.cfm?print=yes&" target="_blank" style="display: initial;">
Missouri Alcohol Law FAQs
</a>
<span style="display: initial;">
,” Accessed May 26, 2015
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Alcohol Policy Information System, “State Profiles of Underage Drinking Laws, Missouri,” Accessed May 26, 2015
</span>
</p>
</div>Restrictive divorce laws and divorce rate: any connection?2015-05-22T16:17:26Z2015-05-22T16:17:26Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Missouri’s neighboring state to the south, Arkansas, has a problem. It has a high divorce rate. And the legislature seems to have thought that the problem was divorce was just too easy to obtain. Being a legislature, they did what all legislature’s do, the created a law.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
That law makes it a very slow process to obtain a divorce. First, you have to separate for 18 months. Then after that year and a half wait, the actual divorce process will drag on for 540-days before it is complete. Yet, even with this drawn out process, the state still has the second highest divorce rate in the nation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
On the other hand, some states that have comparatively lax requirements have very low rates of divorce. Why? While legislatures are supposed to be deliberative bodies and to carefully hear evidence and pass laws based on that process, they often are more worried about their reelection campaign.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This leads to laws that make it look like they are doing something, but those laws that result often seem ineffective. In this case, they also make life difficult for those who need a divorce, but must wait more than two and half years to obtain a final order.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
People divorce for many reasons, and perhaps if becoming married were a more thoughtful process, people would be more deliberate in their choices.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
But people’s rationale for getting married can be less than rational and logical. Given how personal the decision to marry or divorce is, legislative actions apparently only have a tangential effect.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
In Missouri, you could obtain a divorce much more quickly than in Arkansas, and yet, in the
</span>
</span>
<a href="http://www.ranker.com/list/highest-u-s-divorce-rates-by-state/taylor-ratcliff" target="_blank" style="display: initial;">
same survey
</a>
<span style="display: initial;">
, Missouri’s divorce rate was 17 positions lower than Arkansas.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: newsweek.com, “
</span>
<a href="http://www.newsweek.com/breaking-hard-do-arkansas-why-divorce-laws-are-getting-stricter-332531" target="_blank" style="display: initial;">
Breaking Up Is Hard to Do in Arkansas; Why Divorce Laws Are Getting Stricter
</a>
<span style="display: initial;">
,” Tracey Harrington McCoy, May 17, 2015
</span>
</p>
</div>Don't let the beginning of summer be your end2015-05-21T16:17:27Z2015-05-21T16:17:27Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
For those heading out of town on the long Memorial Day weekend who hope to avoid traffic and congestion, it may be too late. In some places, you should have left on Wednesday. Yes. Wednesday. While Columbia probably does not have that problem, according to AAA, almost 40 million people will be heading more than 50 miles away from home, which is the
</span>
</span>
<a href="http://www.stltoday.com/news/local/metro/expect-booming-summer-travel-season-including-memorial-day-weekend/article_6faf8e64-e293-59d1-8de3-b6d2a654041b.html" target="_blank" style="display: initial;">
largest number
</a>
<span style="display: initial;">
<span style="display: initial;">
since 2005.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
But there is some consolation as you are wading through traffic instead of your favorite lake because the price of gas is almost a dollar cheaper than it was last year at this time. That, combined with an improving economy, job market and another long cold winter, seems to be encouraging more Americans to hit the roads this summer.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Memorial Weekend is the traditional start to the summer vacation season, and it is also the start of the summer fatality season. Long holiday weekends tend to be among the most dangerous in terms of highway deaths, as people head to a lake or cabin and bring along a six-pack or three.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The
</span>
</span>
<a href="http://www.elsberrydemocrat.com/?p=17720" target="_blank" style="display: initial;">
Missouri Highway Patrol
</a>
<span style="display: initial;">
<span style="display: initial;">
will be working its Operation C.A.R.E. (Combined Accident Reduction Effort) in an effort to reduce the carnage on the state’s highways. Troopers will be assigned to 20-mile intervals on major interstates and highways, like I-70, I-55 and U.S. 60.
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</span>
</p>
<p>
<br/>
</p>
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<span style="display: initial;">
They will be watching for all traffic offenses and assisting with any accidents that do occur. Speeding, seat belt use and drunk driving will all be high priorities, and last year the made 146 DWI arrests.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If we need any more reasons to slow down, wear our seat belts and stay sober, last year there were 946 accidents over the weekend, 407 injured and 9 deaths. Avoiding those violations can of a long ways towards helping to keep the start of summer from being the end of your life.
</span>
</p>
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<span>
</span>
</span>
</p>
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<span style="display: initial;">
Source: usatoday.com, “
</span>
<a href="http://www.usatoday.com/story/news/nation/2015/05/21/memorial-day-travel/27708717/" target="_blank" style="display: initial;">
Want to beat Memorial weekend traffic? Leave yesterday
</a>
<span style="display: initial;">
,” John Bacon, May 21, 2015
</span>
</p>
</div>Government can't keep a felon's guns, Supreme Court rules2015-05-19T16:27:32Z2015-05-19T16:27:32Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
As some of you may know, federal law prohibits a person who has been convicted of a felony from owning or possessing a firearm or ammunition. Violation of this law can result in up to 10 years in prison though the sentence can be escalated to 15 years if the individual has been convicted three or more times for a violent offense. Here in Missouri, our gun control laws for felons are just as severe, seemingly barring even non-violent felons, which is something we pointed out in a September post last year.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
People who have been convicted of a felony may find it alarming that they can never own or possess a firearm because of state and federal gun control laws. But what may be far more disconcerting is the fact that many jurisdictions have been known to seize firearms from convicted felons on the premise that they are eliminating the risk that the felon may use the gun irresponsibly. Unfortunately, this seemingly good deed is actually creating problems for convicted felons.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
We can see this by looking at a U.S. Supreme Court case where the government seized a gun collection from a man who had been convicted of a felony. Because many of the guns were family heirlooms, the man wanted his family members to gain possession of the firearms. Unfortunately, the government wouldn’t return the weapons, which led to the appeal to our nation’s highest court.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Though some might have considered the law stacked against the man, the U.S. Supreme Court ruled in his favor. As the court explained, the purpose of the federal law gun control law is to “keep firearms away from felons,” which is something the man was trying to do by transferring ownership. By refusing to return the weapons, the government was prohibiting the man from doing such actions like leaving the weapons in a will or trust for his children. This was something the court felt was an overreach on the government’s part, which is why it ruled the way it did.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Courthouse News Service, “
</span>
<a href="http://www.courthousenews.com/2015/05/18/scotus-puts-brakes-on-feds-seizing-felons-guns.htm" target="_blank" style="display: initial;">
SCOTUS Puts Brakes on Feds Seizing Felon’s Guns
</a>
<span style="display: initial;">
,” Dan McCue, May 18, 2015
</span>
</p>
</div>Stay on the lookout for slowing traffic2015-05-16T16:28:35Z2015-05-16T16:28:35Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Road congestion means your driving trip will take longer, but it also has deleterious effects on driving safety in the U.S. With more cars on the road, there are more opportunities for accidents, as more drivers mean more human error. And when one driver commits a serious error, it can almost instantly translate in to chain reaction crashes that can involve multiple and sometimes dozens of other vehicles.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Such an accident occurred this week outside St. Louis on I-70, when 22 vehicles and their drivers become involved in a massive pileup. Apparently, the large crash was triggered by a previous cash on I-70. As drivers attempted to avoid that accident, whether by excessively slowing or by attempting last second lane changes, the chain reaction commenced.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The news report does not indicate any fatalities or the degree to which any drivers were injured, but the pictures suggest enough wreckage that it was likely that some motorists would need a visit to an emergency room, to confirm, if nothing else, that their injuries were minor.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
With the summer travel season just around the corner, and with it, the summer road construction season, all drivers need to pay particular awareness to congested sections of any highway.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Traffic flow can change from free flowing to practically a dead stop in the blink of an eye, or the glance at a text, and in that instant, your daily commute or summer vacation road trip can change into weeks of dealing with insurance companies, body shops, doctors and in the worst case, attorneys and funeral homes.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Construction slowdowns are dangerous and you need to begin slowing well in advance of the stated location and pay close attention to the flow of traffic in advance. While a summer spent in a hospital bed would be memorable, it would hardly be a memory anyone would want.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Kmov.com, “
</span>
<a href="http://www.kmov.com/story/29026680/police-say-about-15-cars-involved-in-crash-on-interstate-70" target="_blank" style="display: initial;">
22 cars involved in crash, pileup on Interstate 70
</a>
<span style="display: initial;">
,” Adam McDonald, May 11, 2015
</span>
</p>
</div>Beware alienating the affections of your spouse2015-05-16T16:28:34Z2015-05-16T16:28:34Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Divorce is always messy. With the ending of your relationship with your spouse and your need to separate your financial affairs as well as your personal affairs, you lose something else. Your privacy. By availing yourself of the state-operated machinery of the Missouri family courts, you have to disclose many intimate details of your relationship.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
And that is when it is an amicable divorce. If there are allegations of questions of moral transgressions, it can become unpleasant rapidly. As with political campaigns, once the negativity commences, it can become a race to the bottom.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
John Daly is facing a divorce involving the allegation of
</span>
</span>
<a href="http://www.cnn.com/2009/LIVING/12/08/cheating.spouses.lawsuits/" target="_blank" style="display: initial;">
alienation of affection
</a>
<span style="display: initial;">
. This obscure cause of action is made often when a spouse accuses another of having an affair or other marital misconduct with their spouse, and that conduct “alienated” their spouse.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Only a few states still have this law in their statutes, but you don’t have to have been married in them or be divorcing there to invoke them; you simply need to allege that the alienating conduct occurred there.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
These types of allegations are more typical in divorces where there are substantial amounts of financial resource available; in more modest divorces, the cost effectiveness of such litigation can be questionable.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Nonetheless, these types of allegations will often increase the bitterness of all parties involved and if you have children who may be subject to a custody order and joint or shared custody, you may wish to consider the affect on the relationship you will have with your former spouse and how ill-will could complicate the next decade of your interactions.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
The Washington Post, “
</span>
<a href="http://www.washingtonpost.com/blogs/early-lead/wp/2015/05/14/john-dalys-complicated-life-fiancee-wants-ex-wifes-lawsuit-thrown-out/" target="_blank" style="display: initial;">
John Daly’s complicated life: Fiancee wants ex-wife’s lawsuit thrown out
</a>
<span style="display: initial;">
,” Cindy Boren, May 14, 2015
</span>
</p>
</div>What to expect with an involuntary manslaughter charge2015-05-15T16:28:37Z2015-05-15T16:28:37Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Consider for a moment what it would be like to face an escalated drunk-driving charge. Chances are you’d react similarly to many of our Columbia readers and would be incredibly scared. That’s because you, like most people, understand that the decision to operate a motor vehicle under the influence of alcohol is a frowned upon action here in Missouri and across the nation. And for those who break the law, serious consequences can follow.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Most people know that if they are caught driving under the influence of alcohol they could face what is called a DUI. This offense is also referred to as a DWI, which stands for driving while intoxicated. Whatever you choose to call this criminal offense, you could face negative consequences such as fines, jail sentences and the chance of losing your driving privileges. These consequences escalate though if you receive subsequent convictions later on in your life.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But did you know that getting subsequent DWIs isn’t the only way to escalate a drunk-driving charge? Consider for a moment if your decision to drink and drive causes an accident that results in the death of someone else. Even though you did not intentionally kill the person, you could face an involuntary manslaughter charge that could vary in severity depending on the facts of the case.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The charge of involuntary manslaughter is considered a class C felony here in Missouri, which carries steep consequences such as a maximum of seven years in prison and as much as a $5,000 fine. Just like a regular DWI though, subsequent involuntary manslaughter charges can stack, meaning a person can face far more serious charges if this is not their first manslaughter conviction.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: FindLaw, “
</span>
<a href="http://statelaws.findlaw.com/missouri-law/missouri-involuntary-manslaughter-law.html" target="_blank" style="display: initial;">
Missouri Involuntary Manslaughter Law
</a>
<span style="display: initial;">
,” Accessed May 15, 2015
</span>
</p>
</div>Is a Facebook addiction going to end your marriage?2015-05-08T16:28:39Z2015-05-08T16:28:39Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Addictive and compulsive behavior can be damaging to any marriage. Alcohol and other drugs have broken many a marriage in Missouri, as one spouse demonstrates their true love for their chemical dependency, to the exclusion of the their real, human spouse.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Some have pointed to video game addictions as the source of friction ends the relationship that is the core of any marriage. And now comes social media in the guise of Facebook. A woman has admitted that spending
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
too much time on Facebook
</a>
<span style="display: initial;">
<span style="display: initial;">
cost her marriage.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As silly and trivial as that sounds, it should not surprise anyone who instinctively looks at their phone every time a text or new posting appears. Services like Facebook are additive and satisfying because they provide their participant with a constant “new,” as every post arrives.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
None of the information may be important or even remotely significant, but it provides a form of attention that is very satisfying to many people. If your relationship with your spouse is not the best, or if they merely are not around much, it is easy to fall into this type of relationship, which supplies constant and infinite feedback.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Facebook and other social media also contribute to couples filing for divorce when they provide concrete evidence of dishonesty or deception. And because the act of posting to Facebook can become so
</span>
</span>
<a href="http://www.livescience.com/49585-facebook-addiction-viewed-brain.html" target="_blank" style="display: initial;">
addictive
</a>
<span style="display: initial;">
, you may “forget” that you are posting pictures of your new “friend” where your spouse may find them.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One attorney noted that social media’s involvement in one in seven divorces sounded “low,” and they suggested it might be closer to half.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Again, not surprising, given the presence of smartphones with cameras in every hand. If you are experiencing difficulty in your marriage, you may want to evaluate your social media usage and ask yourself it is the cause of your problems or merely a symptom.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Fox13.com, “
</span>
<a href="http://fox13now.com/2015/05/06/woman-blames-facebook-for-divorce-shes-not-the-only-one/" target="_blank" style="display: initial;">
Woman blames Facebook for divorce, she’s not the only one
</a>
<span style="display: initial;">
,” Ashton Edwards and CNN Wire, May 6, 2015
</span>
</p>
</div>Does Missouri offer expungements for drunk-driving offenses?2015-05-08T16:28:38Z2015-05-08T16:28:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
If you’ve been arrested and charged with a drunk-driving offense, you’ve probably had the thought that many of our Columbia readers have had. You’ve probably thought that your life was over. Not literally of course, but you — like so many before you — understand the serious impact a drunk-driving offense can have on your life, particularly what it can mean for your driving privileges and possibly even your freedom.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
For a lot of people across Missouri, a first-time DWI is oftentimes regarded as a huge mistake they will never make again their lifetime. But even though most people simply want to forget that their DWI conviction even happened, law enforcement is less inclined to. As we have explained before on our blog, DWI convictions can significantly impact your life, which is why you might be asking the same questions as our post title: does Missouri offer expungements for drunk-driving offenses?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The answer is yes if you’re a first-time offender and your conviction was not received while driving a commercial vehicle. Under Chapter 577,
</span>
</span>
<a href="http://www.moga.mo.gov/mostatutes/stathtml/57700000541.html" target="_blank" style="display: initial;">
Section 577.054.1
</a>
<span style="display: initial;">
<span style="display: initial;">
of the Missouri Revised Statutes, an individual can apply to the court to have a drunk-driving offense expunged from their record if it has been at least 10 years since their conviction and they have not been convicted of any new drunk-driving offenses or had any alcohol-related enforcement contacts.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If the court feels you meet all of these qualifications, a judge may order that your record be expunged, which will return your criminal record to the good standing you enjoyed prior to your conviction.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Because you will be required to present your case to the court, you may want to obtain legal counsel first. If you’re like most Missourians, you may not know all of the intricacies of the law, which could mean the difference between having the court issue an
</span>
</span>
<a href="/criminal-defense/expungement" style="display: initial;">
order of expungement
</a>
<span style="display: initial;">
<span style="display: initial;">
and having a DWI conviction haunt you for the rest of your life. With a drunk-driving attorney at your side, you can rest assured that you are presenting your case effectively and have the best chance of having your record expunged.
</span>
</span>
</p>
</div>How lucky do you feel?2015-05-06T16:28:40Z2015-05-06T16:28:40Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There’s an old saying that familiarity breeds contempt. And if not actual contempt, it may breed indifference. The human brain often focuses on novelty. Whether the latest movie from Hollywood or rock in our shoe, we notice things that are new.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
And because our brains only have a limited capacity to deal with stimuli, if we are focused on one thing, we probably are not paying attention to something else. If that “something else” involves driving a motor vehicle down a public street or road, the consequence of that lack of attention can be frightening.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The problem with paying attention when driving is even deeper. Even if we are not eating, drinking, smoking, checking our hair in the mirror or trying to find something in a purse or bag on the seat next to us, because we spend so much time behind the wheel, our brains can become easily bored with the task of driving.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Because in Columbia, or any other city in Missouri, individual traverse the same general routes every day on their way to and from work, school or running errands. And because most cities change slowly, your brain
</span>
</span>
<a href="http://psychology.about.com/od/hindex/g/def_habituation.htm" target="_blank" style="display: initial;">
habituates
</a>
<span style="display: initial;">
<span style="display: initial;">
to the scenery, stops paying much attention and is easily distracted.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Now, throw a smartphone with texting and all sorts of additional “fun” capabilities, like watching video, and the mix of
</span>
</span>
<a href="http://www.distraction.gov/stats-research-laws/faq.html" target="_blank" style="display: initial;">
distraction
</a>
<span style="display: initial;">
<span style="display: initial;">
can become quickly deadly. Those few second spent glancing at an incoming text or responding with “LOL” is all it takes to rear-end another car, run a stop light or not see a small child darting out between two parked cars.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Our brains can also fool us into believing that if we did it once or twice or three times, we are unlikely to ever suffer an injury or accident. Unfortunately, every time a driver texts, the chances of an accident are exactly the same, and no matter how lucky we have been, like rolling a die, eventually it comes up “snake eyes.”
</span>
</p>
</div>FBI admits flaws in decades of testimonies used in convictions2015-05-02T16:28:45Z2015-05-02T16:28:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A few weeks ago, we started a conversation with our Columbia readers about evidence that is gathered using forensic science. Even though society as a whole might revere forensic evidence as the nail in the coffin for any criminal case, as our more frequent readers may remember from our post, new studies are pointing out the flaws inherent in the field of forensic science. These flaws, as you can imagine, result in wrongful convictions that may be difficult to appeal.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
That’s why the recent announcement made by the Federal Bureau of Investigation might aggravate a large number of people reading today’s post. That’s because in the announcement, the FBI admitted that testimonies given by forensic scientists in its microscopic hair comparison unit prior to the year 2000 could be incredibly flawed and might have actually led to a number of wrongful convictions.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Reports indicate that of the 268 trials that have already been reviewed by the Innocence Project and the National Association of Criminal Defense Lawyers, a large portion of forensic examiners overstated the accuracy of matches using hair comparison. This was found to be true in more than 95 percent of cases that have been reviewed at this time.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Even though the FBI’s error might not lead to an exoneration in all cases — in fact, there may be some cases in which other evidence was used to determine guilt — it’s worth pointing out that 14 cases involving potentially incorrect forensic evidence have already resulted in executions or deaths of convicts. Some of our Missouri readers may be wondering at this time, if the FBI’s error had been caught sooner, would these potentially innocent prisoners have still lost their lives?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Though we don’t always hear about every wrongful conviction, we know they happen in states across the nation. Unfortunately, as you probably know, these mistakes come at a steep price. Not only does a wrongful conviction cost an innocent person their freedom, it may also cost them their life as well, which is a price no one should have to pay because of someone else’s mistake.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Washington Post, “
</span>
<a href="http://www.washingtonpost.com/local/crime/fbi-overstated-forensic-hair-matches-in-nearly-all-criminal-trials-for-decades/2015/04/18/39c8d8c6-e515-11e4-b510-962fcfabc310_story.html" target="_blank" style="display: initial;">
FBI admits flaws in hair analysis over decades
</a>
<span style="display: initial;">
,” Spencer S. Hsu, April 18, 2015
</span>
</p>
</div>Sex CrimesSole custody can be more stressful for children2015-05-02T16:28:43Z2015-05-02T16:28:43Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Children are amazingly resilient. This is a good thing, given the difficulties that many have to endure. And sometimes, what may be intuitively the most obvious, may not be correct.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Take for instance some studies that suggest that children who live in sterile environments are
</span>
</span>
<a href="http://www.webmd.com/allergies/news/20140606/too-clean-homes-may-encourage-child-allergies-asthma-study" target="_blank" style="display: initial;">
more prone to developing allergies
</a>
<span style="display: initial;">
<span style="display: initial;">
than children who spend time less antiseptic homes. It seems the immune system needs to be challenged when children are young, and some environments are too clean. This appears to cause an overreaction to some exposures that lead to the development of allergies.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
With child custody, there are those who argue that movement between parents should be limited to prevent children from being stressed by constantly being uprooted and shuttled between two homes.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
A
</span>
</span>
<a href="http://time.com/3836627/divorced-parents-joint-custody/" target="_blank" style="display: initial;">
study from Sweden
</a>
<span style="display: initial;">
<span style="display: initial;">
suggests this is less of a valid concern, and that children are less stressed in a joint custody situation than in sole custody homes, perhaps because the develop a better relationship with both parents.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Now, this study involved older children, and it is unclear if the nature of the parental relationship played a role, as one would assume less stress in a joint custody arrangement where both parents were cooperative than in a sole custody situation where there is constant friction between the parents.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
However, for teens, it appears that simply living in two homes throughout the year is not a stress factor. For parents developing a parenting plan, it is important to keep in mind the workability of a plan. Handoffs should be scheduled with realistic times, such than one parent is not always late because of their work.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Whether this study would hold true for very young children is not clear, but it does show that where parents keep the best interests of the children in mind, and are willing to deal with complex schedules, their children will benefit with lower stress.
</span>
</p>
</div>Child CustodyPaper logs allow truck drivers to drive longer2015-05-02T16:28:41Z2015-05-02T16:28:41Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Truckers are limited by federal regulations to working no more than 14 hours per day and can only drive 11 of those hours. The purpose of this regulation is to prevent fatigued truck drivers from falling asleep behind the wheel of their 80,000-pound trucks and causing catastrophic accidents.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This system is monitored by truck drivers filling out paper logbooks, where they track their daily operation of their trucks. You may have suspected that there appears to be a slight flaw in this system. Because it is self-reported, it is subject to manipulation by the driver. And often that driver is being harassed by their dispatchers to drive longer than is allowed to meet delivery deadlines.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The trucking companies deny these claims, but given that it is the truck driver who may die in an accident or be sued for causing the deaths of other drivers, they seem to have little incentive for driving until they nod off while driving.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Part of the solution would be the use Electronic Driver Logging (EDL) devices. These EDLs track the movement of trucks making it fairly straightforward to determine when a driver has crossed the line and has exceeded his driving time.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The trucking industry has fought the effort by the Federal Motor Carrier Safety Administration require these devices, which were first proposed in 2011. The FMCSA is working to propose a new rule this fall, which would become effective within two years.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Shippers are always concerned with deadlines. Sadly, there are about 750 deadly truck accidents every year that are linked to fatigue. While EDLs may not prevent every fatigue-related fatality, it is likely that the delay in putting them into trucks has meant hundreds of motorists have met with a very different kind of deadline than that which worries shippers.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Fox11online.com,”
</span>
<a href="http://fox11online.com/2015/04/28/fox-11-investigates-truckers-forced-to-exceed-legal-driving-limits/" target="_blank" style="display: initial;">
FOX 11 Investigates truckers forced to exceed legal driving limits
</a>
<span style="display: initial;">
,” Mark Leland, April 28, 2015
</span>
</p>
</div>Truck AccidentsApril brings a return of motorcycle fatalities in Columbia2015-04-27T16:28:47Z2015-04-27T16:28:47Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In some more northerly states, motorcycle riding season is just beginning, but this year in Missouri some riders never put away their bikes. Unfortunately, that was demonstrated by the occurrence of motorcycle fatalities during the past few months.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Nonetheless, as the weather warms the number of cycles on the road will significantly increase, and all motorists, both those in cars and on motorcycles, need to use extra caution to prevent adding to that death toll.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
April has already seen a fatal motorcycle crash in Columbia, as earlier this month a man crashed at around 2:30 a.m., apparently after losing control of his bike. The motorcycle skidded off the road and hit a street sign and utility pole. While the driver was wearing a helmet, his injuries were so severe that he died at the scene. The police suspect alcohol was a factor in the deadly crash.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Riding a motorcycle is risky enough with something like alcohol impairing your senses. Riders face any number of risks that stem from the comparatively small profile of a rider on a bike. This means many drivers fail to see motorcycles, and make left turns in front of them, or pulling out from side streets or driveways.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
These collisions can cause severe injuries and many deaths among riders. 10 percent of Missouri’s highway fatalities can be attributed to accidents involving motorcycle riders, and when a car or truck is involved, it is almost always the motorcyclist who suffers the fatality.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This is why it is important for riders to carefully follow the rules of the road and exercise a great deal of care when riding, as no one has a greater interest in your safety than you do.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/local/columbia-man-dead-after-motorcycle-crash/article_3bdb1d0a-c0c1-11e3-83a2-0017a43b2370.html" target="_blank" style="display: initial;">
Columbia man dead after motorcycle crash
</a>
<span style="display: initial;">
,” Tribune Staff, April 10, 2015
</span>
</p>
</div>Child custody and co-parenting2015-04-24T16:36:27Z2015-04-24T16:36:27Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Child custody is the legal arrangement that you and your former spouse create during your divorce. While the divorce severs the matrimonial ties of your relationship, if you have children, it does not change your status as parent. But your status as parent means you will have a type of relationship with your matrimonial ex. It is often referred to as co-parenting.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Co-parenting is different because with the dissolution of your marriage, many decisions that would have been ad hoc and worked out on the fly, now need to be understood in the context of your child custody agreement, legal custody and its decision making protocols. How do you decide what doctor you child sees? Or which church they attend or the summer camp they spend time at?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
But co-parenting also means you have to develop a new relationship with your former spouse that involves your role as co-parents. At first you may need to limit your contact with your children’s other parent, as the tension and stress may be too great.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As time passes, you may grow to understand your new roles, working to help you children develop without the hurt and resentment that an unpleasant divorce can bring. A carefully worked-out parenting plan, which creates structure of interaction, can help defuse tension that could otherwise occur.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Your attorney can help develop this plan, encouraging you to think of all the potential issues that may arise, yet still allowing flexibility for growth and change as your children grow. A well constructed parenting plan can go a long ways towards creating the basis of the next stage of your relationship, which will most certainly be in the best interests of your children.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Yahoo.com, “
</span>
<a href="https://www.yahoo.com/parenting/our-co-parenting-breakthrough-moment-after-grim-117103187437.html" target="_blank" style="display: initial;">
Our Co-Parenting Breakthrough Moment After Grim Divorce
</a>
<span style="display: initial;">
,” Melissa Fleming, April 23, 2015
</span>
</p>
</div>Is it really illegal to collect an eagle feather?2015-04-22T16:36:28Z2015-04-22T16:36:28Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Whether you’re a long-time resident or just passing through, most people can’t help but fall in love with the beauty that many parts of Missouri has to offer. According to stateparks.com, our state boasts 54 state forests and 72 state wildlife areas, which offer tourists and residents alike a chance to take in nature’s beauty.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Now, some of our more frequent readers in the Columbia area might be asking at this very moment: what does this have to do with criminal law? The answer lies in the scenario we are about to present to you today.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Have you ever been on a hike through a forest or state park and saw a bird’s feather lying on the ground? If you’re a nature lover, you may have even been tempted to pick it up and keep it. If you did, and that feather was from a bald eagle, you will want to pay attention to today’s post because possessing a bald eagle feather is considered a federal crime that can lead to hefty fines and even time in prison. If the offense is considered severe enough, a person may even face felony charges.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Why, you may ask? This is because of the Bald and Golden Eagle Protection Act, which was passed in 1940 and made it illegal to possess or take any part of a bald eagle, even if it’s a feather lying on the ground. The penalties facing a first-time offender are steep and may include a maximum fine of $5,000 or a year in jail. A second offense is even more serious because a person may be fined $10,000 or more or may be sentenced to imprisonment for two years.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It’s important to point out to our Missouri readers that there is a presumption that every individual is supposed to know the law, which means a person facing a criminal charge for possession of a bald eagle feather might not be able to shake the charges just by saying “I didn’t know.” A person may instead need the help of a skilled criminal defense attorney who will more effectively be able to show you’re your collection of the feather was and was not done with malicious intent.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Sources
</span>
<span style="display: initial;">
: USA Today, “
</span>
<a href="http://www.usatoday.com/story/opinion/2015/03/29/crime-law-criminal-unfair-column/70630978/" target="_blank" style="display: initial;">
Reynolds: You are probably breaking the law right now
</a>
<span style="display: initial;">
,” Glenn Harlan Reynolds, March 29, 2015
</span>
</p>
<p>
<br/>
</p>
<p>
The U.S. Fish and Wildlife Service, “Federal Laws that Protect Bald Eagles,” Accessed April 22, 2015
</p>
</div>Study finds increased heart attack risk for woman after divorce2015-04-17T16:36:32Z2015-04-17T16:36:32Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
No one will deny that, for most, divorce is an intense and emotionally trying process. A relationship that at one time was the most important in the world for you is now to be done away with, ended. It may be ending because you were too young, you did not understand what you really needed in a spouse or that you have grown apart, leading separate lives under the same roof.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Whatever reason, it’s over. You might want to just walk away, but first, you have to tie up a few loose ends. Whether it is dividing your finances, separating bank and investment accounts and selling the family home to deciding on the custody arrangements and the details of your parenting plan, joint physical and legal custody or some variation, all of these fine points need to be taken care of before you walk away.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The intense emotions entailed by all of this are real, not figments of your imagination. High-stress can be damaging to your health and a new study suggests stress from a divorce may contribute to a higher risk of heart attack for women how have been divorced.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The researchers found a 24 percent increase in the occurrence of heart attacks among women in the study who had been divorced. A similar increase did not show up in the male portion of the report.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This increase in the percentage risk, while significant, does not mean you will have a heart attack if you divorce, but it serves as a reminder that during the divorce you need to attend to the personal matters of your own health and work to avoid behaviors that could further contribute to the risk of negative health consequences.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The New York Times, “
</span>
<a href="http://well.blogs.nytimes.com/2015/04/16/divorce-may-be-bad-for-the-heart-especially-for-women/" target="_blank" style="display: initial;">
Divorce May Be Bad for the Heart, Especially for Women
</a>
<span style="display: initial;">
,” Nicholas Bakalar, April 16, 2015
</span>
</p>
</div>Two die in crash in trouble prone Missouri intersection2015-04-15T16:36:34Z2015-04-15T16:36:34Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Truck accidents are frightening. The average passenger vehicle, pickup or SUV is tiny compared to the average semi truck, and when involved in a crash, the smaller vehicle and its occupants rarely fare well.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Among the most dangerous truck accidents are those where a moving truck rear-ends a stopped or slowly moving vehicle. These types of accidents often occur near construction zone or around earlier accidents, when traffic is brought to a crawl.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The speed differential can lead to devastating consequences when a large semi-truck plows into the rear of a stopped vehicle. Such was situation near Lake Ozark last week when a truck struck a car at the stop light, killed the two people in that vehicle and caused a chain-reaction crash that involved six additional vehicles, some of which caught fire.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The truck driver was arrested on charges of involuntary manslaughter and careless driving. The cause of the crash did not appear to be related to intoxication or drug use by the truck driver.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But sometimes accidents may be due to more than negligence on the part of a truck driver, who may have been fatigued or distracted by cellphone use. Poor highway design may play a part. Another report notes that this intersection of US-54 has had 15 accidents since 2009.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Local residents have called for an overpass to replace the stoplights, which forces drivers to slow from highway speeds approaching 70 mph to a complete stop. Traffic engineers often refuse to change intersections if there are insufficient accidents to warrant the enormous expense required to build such an intersection, but after the deaths of a mother and her daughter, they may find the money.
</span>
</p>
</div>Truck AccidentsThe pros and cons of establishing paternity2015-04-14T16:36:39Z2015-04-14T16:36:39Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
If you are the father of a child who was born outside of marriage, you may be wondering what legal steps you need to take — or if you need to take any steps at all.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
You may have heard the term “paternity,” and you may have been told that you should legally establish yourself as the father of your child, but why? Is it really worth it to jump through the legal hoops and complete all the paperwork? What are the advantages and disadvantages of establishing paternity in Missouri?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Let’s look at a few pros and cons.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to the Missouri Department of Social Services, a few benefits include:
</span>
</p>
<ul>
<li>
<span style="display: initial;">
Custody or visitation — Once you are legally named as the father, you obtain the right to seek custody and parenting time. Such regular, scheduled time with your child can give you the chance to develop a meaningful relationship with him or her and help make important decisions.
</span>
</li>
<li>
<span style="display: initial;">
Health insurance coverage — Establishing paternity allows you to add your last name to your child’s birth certificate, which is a necessary prerequisite for enrolling him or her in your health care plan.
</span>
</li>
<li>
<span style="display: initial;">
Social Security benefits — If you pass away or become disabled, a minor child can seek Social Security benefits in your name.
</span>
</li>
</ul>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Of course, you should also be aware of the potential drawbacks of establishing paternity. One of the most significant is the requirement to contribute financially to your child’s care. Such child support payments can add up.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Another potential disadvantage is the necessity to interact in some degree with the child’s mother. If you share custody of your child, for instance, you will need to communicate with the mother to make various arrangements. If the relationship is not an amicable one, this may be a difficult thing to do.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A skilled family law attorney in Missouri can advise you about the pros and cons in more detail and help you make the choice that is best for you.
</span>
</p>
</div>PaternityIs forensic science really as infallible as we're led to believe?2015-04-14T16:36:36Z2015-04-14T16:36:36Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
As so many of our Columbia readers know, forensic evidence can have a very significant impact on any criminal case. Many people around Missouri and across the United States consider this type of evidence to be perfect — infallible. Oftentimes, when it is presented during trial, people take the scientist’s word — and their evidence — at face value. Rarely ever do people question whether or not the evidence could be misleading or worse, entirely faulty.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
But as
</span>
</span>
<a href="https://www.ncjrs.gov/pdffiles1/nij/grants/228091.pdf" target="_blank" style="display: initial;">
a 2009 report
</a>
<span style="display: initial;">
<span style="display: initial;">
conducted by a National Academy of Sciences committee points out, perhaps we should be taking a closer look at the techniques used to collect this type of evidence and ask ourselves a very important question: is forensic science really as infallible as we’re led to believe?
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
As was pointed out in
</span>
</span>
<a href="http://www.slate.com/articles/health_and_science/science/2014/06/forensic_science_is_biased_and_inaccurate_but_juries_believe_it_and_convict.single.html" target="_blank" style="display: initial;">
2014 Slate article
</a>
<span style="display: initial;">
, there are a lot of problems facing the field of forensic science that may make it less reliable than we otherwise believe it to be. One thing working against forensic science is the fact that few methods have been peer-reviewed to ensure that the best methodology is being used or that the results are scientifically sound.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Another thing working against forensic science is the fact that analysts may already have a bias before performing tests. Likening it to the movie “Inception,” the author of the Slate article explains that “analysts are unconsciously convinced of their conclusion before their experiment even begins,” which may result in a skewed or faulty analysis that could lead to wrongful convictions.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
But the biggest thing working against forensic analysts is the fact that many labs are run by local law enforcement instead of the federal government. Aside from the possibility of having little funding, these labs often rely on their own methodologies and “best practices” that are not standard across the nation. As the National Academy of Sciences committee explains, we need guidelines in order to “ensure quality and consistency” across all forms of forensic science in every state.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Because the court system places so much stock in forensic evidence, analysts owe it to the entire nation to use techniques that will deliver accurate results every time and as well as ensure that those who are on trial are receiving the fair trial afforded to them by the Constitution.
</span>
</p>
</div>Sex CrimesCould you be convinced you committed a crime that never happened?2015-04-13T16:36:41Z2015-04-13T16:36:41Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
“You need attorney immediately” is not just a marketing tool for criminal defense lawyers. It is a warning that anyone charged with a crime must heed. The need arises well before prosecutors have filed formal charges against you. It arises the moment that you suspect you are under investigation for a crime.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
The problem of false confessions is only one reason why it is so important to have an attorney on your side in any communications with police or prosecutors. It is at this point in which you are probably thinking, “I would never confess to a crime I did not commit.” It is safe to say that most be do not intend to confess, so how does it happen?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The Association for Psychological Science published a research project in the journal Psychological Science that shows the susceptibility of our memories. The goal was for researchers to convince college students that they
</span>
</span>
<a href="http://www.psychologicalscience.org/index.php/news/releases/people-can-be-convinced-they-committed-a-crime-they-dont-remember.html" target="_blank" style="display: initial;">
committed a crime that never happened
</a>
<span style="display: initial;">
. Those researchers succeeded in a matter of hours.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Researchers got a little help from caregivers who told them real stories and details about the students’ lives when they were about 11 to 14 years old. The researchers then told the students a true story and a false story, filling the false story with a few truths about the students’ lives at the time. The students then repeated the stories in three 40-minute interviews with about a week between sessions.
</span>
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<p>
<br/>
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<p>
<span style="display: initial;">
Thirty of the students were told a false story about a crime they committed, some as serious as assault with a weapon. By the end of the third session, 71 percent of those students were convinced they had committed the offense.
</span>
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<p>
<br/>
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<span style="display: initial;">
The techniques the researchers used are accepted tactics used by police interrogations and investigations in Missouri every day. Police do not even have to cross the line to confuse people about the details of the investigation. Does this study convince you about the need for a lawyer?
</span>
</p>
</div>Roles during a divorce2015-04-10T16:36:44Z2015-04-10T16:36:44Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
It’s important during a divorce to remember the roles all of the parties play. As a spouse, your role is to decide the direction you want to take, and work with your professionals to achieve that goal. Your professionals can all provide important advice and counsel during your divorce, but you have to ask the right questions of the right professionals.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Your attorney is there to handle the technical aspects of your divorce as a legal proceeding. They are they to ensure all documents are filed on time, with proper notice and that no deadlines are missed. They are there to advise you of your legal options with regard to all of the legal elements of your divorce, from how property is divided for your property settlement to helping you work through the details of creating a viable parent plan for your children.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Obviously, many of these legal decisions can be emotionally charged and cause much psychological upset. You may have to sell your family home and find a new residence, and if you have shared or joint custody, you may need to manage to coordinate with your children’s other parent so that your new residences are close to your children’s school or schools.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
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But respect their professional skills, and know when to work with divorce coach or therapist, as discussing your pain and feelings of emotional upset with them may not be the best use of their time or your dollars. In the same fashion, if you have complex financial investments, a financial advisor may be the better person to advise you on your post-divorce investing strategy.
</span>
</p>
<p>
<br/>
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<span style="display: initial;">
While empathy is important and all divorce attorneys need to a clients back-story to properly represent them, their job is to provide the best legal advice and guidance during your divorce. Relying on the proper professional for the task is important, and ensures you receive the optimal service and outcome.
</span>
</p>
</div>How distracted is your teen in the car?2015-04-10T16:36:43Z2015-04-10T16:36:43Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There are some things in life, where you suspect that something is bad, but you don’t have specific evidence that supports your suppositions. Distracted driving is one of those things. We all notice other drivers on their cellphones and we suspect that many car accidents are triggered by these drivers.
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<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But the numerical evidence has shown that it only appears to be an issue in a small percentages of crashes. This is now changing, and it appears that your gut feeling may be more accurate than the previous numbers.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
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<span style="display: initial;">
This is because identifying accidents where distracted driving, say due to texting, were difficult to sort out from all of the other causes.
</span>
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<p>
<br/>
</p>
<p>
<span style="display: initial;">
A vehicle could miss a curve or slide through an icy intersection, and speeding or weather may be listed on the police report as the cause, even though the driver lost control because they were inattentive and distracted by their phone.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
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And a driver may not want to admit to the distraction and with fatal car accidents, determining the cause may be more difficult, as you can never ask the driver what they were doing.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A new report from the AAA foundation found that for teen drivers, distraction is a factor in 58 percent of crashes, with a shocking 89 percent of “road departure” crashes involving distraction. Similarly, for rear-end crashes; distraction played a role in 76 percent of those crashes. Other passengers and cellphones were the leading causes of distraction.
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This data was obtained by using cameras in the vehicle to observe teen driver behavior. It allowed researchers to watch teens driving and analyze their habits. In crashes, drivers were distracted for 4.1 of the last 6 second before a crash.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
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Almost a million teens are involved in car accidents every year and in 2013, more than 2,800 died. This study suggests that much more must be done to change teen driver’s relationship to distracting behavior while behind the wheel.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
AAA.com, “
</span>
<a href="http://newsroom.aaa.com/2015/03/distraction-teen-crashes-even-worse-thought/" target="_blank" style="display: initial;">
Distraction and Teen Crashes: Even Worse than We Thought
</a>
<span style="display: initial;">
,” Michael Green, March 25, 2015
</span>
</p>
</div>Facing a drug charge? Get help from a Missouri defense attorney2015-04-09T16:36:45Z2015-04-09T16:36:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Most of you have read or heard about a criminal case in which a person received a lengthy sentence for possessing or trafficking drugs. Many times, this happens because of strict state and federal laws concerning controlled substances. In a lot of cases, a person receives a harsh sentence because of the evidence that was put forward in the case. Oftentimes, this evidence is collected over a considerable amount of time, which creates a rather damning scenario the accused must contend with.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Although it’s common knowledge that everyone has the right to an attorney when facing criminal charges, some still do not assert this right. In some cases they do not seek legal representation because they’re afraid the evidence against them is too extensive. In others, a person may not have the funds necessary to obtain and retain an attorney.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But what our more frequent Columbia readers have seen from past posts is that a good criminal defense lawyer is not only a worthwhile expense but oftentimes necessary when facing serious criminal charges. Whether it’s a misdemeanor possession charge or a felony trafficking offense, prosecutors will present whatever evidence they can in order to secure a conviction. Without the right advocate at your side who knows the law inside and out, it’s nearly impossible to know when these tactics are in accordance with the law and when they are violating your civil rights.
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</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
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<span style="display: initial;">
Talking to a lawyer is a good first step towards protecting your rights and making sure that your side of the story is heard. Here at Harper, Evans, Hilbrenner & Netemeyer we understand that there is a lot at stake when facing a conviction, which is why we will use our experience to build the case you need to defend your rights and freedom.
</span>
</p>
</div>Federal charges levied against 2 agents for alleged crimes2015-04-02T16:44:07Z2015-04-02T16:44:07Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Most people have an idea in the heads about what a criminal should look like. For many people, they typically think of someone who has no regard for the law and partakes in illegal activities for personal gain. Unfortunately, as our regular Missouri readers know all too well, this isn’t always the case. Sometimes good people make ill-fated mistakes that can end up costing them a lot more than their reputation in the end.
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<span style="display: initial;">
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</span>
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<span style="display: initial;">
Take for example the recent federal case where two agents — one from the Secret Service and one from the Drug Enforcement Administration — who have been charged with serious federal crimes because of their actions during a particular investigation into the black-market website known as Silk Road. According to the criminal complaint that was unsealed last month, the two agents are both accused of laundering money and committing wire fraud. In addition to these charges, one of the agents is also facing theft charges.
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Although some of our more regular readers can recognize the seriousness of the situation above, new visitors to our site may not be able to see the gravity of the case without looking at the laws that apply. Under the U.S. Code, money laundering is considered a criminal offense, punishable by fines that can total hundreds of thousands of dollars and imprisonment of up to 20 years. People facing wire fraud charges fair just the same under the U.S. Code, which carries equally serious penalties that can also result in several years in prison and even fines.
</span>
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<span style="display: initial;">
<span style="display: initial;">
Knowing this is not enough though to defend yourself against prosecutors who typically gather evidence for months in order to build a case against you. With the help of a skilled criminal defense attorney who has particular experience with
</span>
</span>
<a href="/criminal-defense/fraud" style="display: initial;">
fraud charges
</a>
<span style="display: initial;">
, such as money laundering and wire fraud, you have a better chance of presenting your side of the story to the court and a better chance at protecting your rights through the legal process.
</span>
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<p style="line-height: 1;">
<span style="font-weight: bold; display: initial;">
Sources
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<span style="display: initial;">
: New York Times, “
</span>
<a href="http://www.nytimes.com/2015/03/31/nyregion/silk-road-case-federal-agents-charges.html?_r=1" target="_blank" style="display: initial;">
Inquiry of Silk Road Website Spurred Agents’ Own Illegal Acts, Officials Say
</a>
<span style="display: initial;">
,” Benjamin Weiser and Matt Apuzzo, March 30, 2015
</span>
</p>
<p style="line-height: 1;">
<span style="display: initial;">
<br/>
</span>
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<p style="line-height: 1;">
<span style="display: initial;">
Cornell University Law School, “U.S. Code. Title 18, Part I, Chapter 95, Section 1956, Accessed April 1, 2015
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</p>
<p style="line-height: 1;">
<span style="display: initial;">
<br/>
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<p style="line-height: 1;">
<span style="display: initial;">
Cornell University Law School, “U.S. Code, Title 18, Part I, Chapter 63, Section 1343,” Accessed April 1, 2015
</span>
</p>
</div>White Collar CrimesWere you falsely accused of a crime?2015-04-01T16:44:09Z2015-04-01T16:44:09Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In today’s society, all of us want to believe the victim when an alleged crime has occurred. However, not all accusations are true. Despite the well-known phrase, “Innocent until proven guilty,” many of us will probably agree that in most cases, this simply isn’t how the public or the media often view accused criminals.
</span>
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<p>
<br/>
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<span style="display: initial;">
Accusations of sexually assaulting someone are taken very seriously. But when you are the person being falsely accused of this crime, do you know your rights?
</span>
</p>
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</p>
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<span style="display: initial;">
<span style="display: initial;">
If you have been
</span>
</span>
<a href="http://blogs.findlaw.com/blotter/2015/03/what-do-you-do-if-youre-falsely-accused-of-a-crime.html" target="_blank" style="display: initial;">
falsely accused of a crime
</a>
<span style="display: initial;">
, it is very important to understand your rights and take steps immediately to protect your future.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
You have the right to remain silent, even before the police have officially read you your Miranda rights. Do not say anything to the police because it can be used against you in a criminal case. It is also important to remember not to discuss the accusations against you with anyone else as he or she could be required to testify about what you told them if your case goes to trial.
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<p>
<br/>
</p>
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<span style="display: initial;">
In addition to remaining silent, it is vital to contact a criminal defense attorney as soon as possible. An attorney can protect your rights when you are being questioned or interrogated by the police. He or she can also explain any charges you may be facing and what options are available when defending you.
</span>
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<p>
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<p>
<span style="display: initial;">
One important note is that anything you say to your lawyer is protected through attorney-client privilege so you can discuss everything regarding the accusations and any pending charges.
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</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
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<p>
<span style="display: initial;">
Your future is at stake. Do not wait to contact an attorney if you have been falsely accused or charged with a crime.
</span>
</p>
</div>Sex CrimesDivorcing for the sake of your children?2015-03-27T16:44:10Z2015-03-27T16:44:10Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When people discuss divorce between parents, the first thought is often, “But what about the children?” This is a natural impulse, and the aspects of child custody or the parenting plan, cost of child support, and the determination of where the children will live have a large role in the ultimate divorce settlement.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
But the question often implies the children will suffer because their parents are divorcing. In this matter, we have to keep a few things straight. We must remember that the choice is not between the lives an idealized television family, like “Leave it to Beaver” and a divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The choice is between a marriage that has become dysfunctional and a relationship between two people that has soured or deteriorated to the point where they no longer want to spend any time with each other and a divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A loveless marriage is something the children will detect soon enough. A violent, even if only psychological or emotionally violent, marriage is a painful experience that will cause as much “damage” to children as any divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While a divorce may not be the perfect outcome, life often comes up short when it comes to perfect outcomes. Allowing parents to separate so that children are not exposed to incessant fighting, resentment, unhappiness and all of the other circumstance that occur in a marriage that is ended in every sense but the legal one.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
No good will ever come from requiring two profoundly unhappy people remain together. While a divorce brings with it its own set of challenges, they are different and less problematic than a household that has devolved down to internecine warfare.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In such a circumstance, divorce is about the children, and allowing them a chance to grow outside a toxic environment.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/brette-sember/why-a-good-divorce-is-better-than-a-bad-marriage-for-kids_b_6925236.html" target="_blank" style="display: initial;">
Why a Good Divorce Is Better Than a Bad Marriage for Kids
</a>
<span style="display: initial;">
,” Brette Sember, March 24, 2015
</span>
</p>
</div>What causes jackknifing and how we can help you file a claim2015-03-26T16:44:12Z2015-03-26T16:44:12Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
All tractor-trailer accidents have the potential to cause serious damage. Jackknifing accidents, however, are some of the most destructive. At Harper Evans Hilbrenner & Netemeyer in Columbia, Missouri, our attorneys have decades of combined experience protecting victims of jackknifing accidents. We not only understand why they happen, but we also have the knowledge and skills to help you seek compensation after the fact.
</span>
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<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
To say that a truck has jackknifed, means it has folded at the point where the trailer connects to the cab. Oftentimes, a truck that jackknifes ends up blocking several lanes of traffic, making it very dangerous — especially for highway drivers who are traveling at high speeds.
</span>
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</p>
<p>
<span style="display: initial;">
One of the most important parts of filing a personal injury claim after a jackknife accident is proving that the accident was caused by the truck driver’s or trucking company’s negligence. As your lawyers, we will carefully and thoroughly investigate the accident to understand what happened.
</span>
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<span style="display: initial;">
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</span>
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<p>
<span style="display: initial;">
Although there are many things that can cause a truck to jackknife, when it is the result of driver error, it usually means the driver failed to break safely. Sometimes, slamming on the breaks can cause them to lock up and force the truck to jackknife. Other causes of jackknifing may be bad weather or defective equipment. If the truck driver was going too fast for conditions or the trucking company failed to conduct proper maintenance on the vehicle, it can help your case.
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<span style="display: initial;">
At our law firm, we understand the destruction that a truck accident can cause. Many of our clients are not only facing physical injuries, but they are also faced with the serious financial burden that is often caused by medical bills and property damage. If you were injured in a truck accident, we will fight to help you obtain the compensation you need to recover. To learn more about jackknifing accidents, visit the Truck Jackknife Accidents page of our website.
</span>
</p>
</div>Truck AccidentsIs it a crime to fake a signature on sports memorabilia?2015-03-26T16:44:11Z2015-03-26T16:44:11Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Say you have a jersey of your favorite sports star. As is, it’s worth about as much as you paid for it. But if the jersey were to contain the signature of that player, it would be worth a lot more because it’d be considered a collectible. Knowing this, would you ever consider faking the signature of the player in order to make your jersey worth more money?
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<span style="display: initial;">
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</span>
</p>
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<span style="display: initial;">
<span style="display: initial;">
If you have, then you may want to stop before you act because doing so could be considered a criminal offense and could lead to punishment on the state and/or federal level. That’s because forging a signature of sports memorabilia is considered fraud, which carries serious penalties if you are convicted of committing this
</span>
</span>
<a href="/criminal-defense/fraud" style="display: initial;">
white collar crime
</a>
<span style="display: initial;">
.
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<p>
<span style="display: initial;">
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<span style="display: initial;">
Forgery is defined here in Missouri as making or altering writing in a way that suggests someone else did it or that it happened at another time or in another place. If we apply
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<a href="http://www.moga.mo.gov/mostatutes/stathtml/57000000901.HTML" target="_blank" style="display: initial;">
Missouri law
</a>
<span style="display: initial;">
<span style="display: initial;">
to forging a signature of a professional athlete, you would in essence be claiming that the athlete signed the memorabilia, not you. Because you did this without the authority to do so and potentially with the intent to defraud someone, you could be accused of forgery, which is considered a class D felony here in our state.
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<span style="display: initial;">
It’s worth pointing out that our state is not the only jurisdiction that considers faking a signature on sports memorabilia to be a crime. As a
</span>
</span>
<a href="http://www.forbes.com/sites/mikeozanian/2014/01/30/manning-lawsuit-will-rattle-12-billion-dollar-sports-memorabilia-business/" target="_blank" style="display: initial;">
Forbes article
</a>
<span style="display: initial;">
<span style="display: initial;">
once pointed out, the FBI also takes forgeries like this to be incredibly serious offenses and have prosecuted individuals for fraudulently signing memorabilia and selling it as if it were authentic. Prosecution can lead to time in prison as well as orders to pay restitution, which is why it’s considered a good idea to seek professional help from a lawyer when facing criminal charges like this.
</span>
</span>
</p>
</div>White Collar CrimesRecall of exploding Jeep gas tanks viewed as inadequate2015-03-25T16:44:13Z2015-03-25T16:44:13Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Last year saw a record number of vehicle recalls from automakers. As troubling at that statistic was, equally troubling were two of the
</span>
</span>
<a href="http://blog.caranddriver.com/a-record-number-of-cars-were-recalled-in-2014-here-are-the-details/" target="_blank" style="display: initial;">
recalls
</a>
<span style="display: initial;">
, which had been percolating for almost a decade and yet failed to prompt much of a response from either the carmakers or their regulator, the National Highway Traffic Safety Administration (NHTSA).
</span>
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<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
NHTSA has promised to be more aggressive in its policing of the automotive industry, but another story of another recall seems to again display the overly cozy relationship between the Department of Transportation, NHTSA and the carmakers. A relationship that leaves ordinary motorist dying in unnecessary accidents caused by defective designs or parts used by the auto manufacturers.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
This recall was for Chrysler Jeeps which could explode in a rear-end accident due to the placement of the gas tank on the vehicles. It involved vehicles manufactured as long ago as 1993, but it took 20 years before NHTSA asked Chrysler to recall the Jeeps. NHTSA noted the vehicles had a “defect” that created an “unreasonable risk” that occupants could “burn to death in rear impact crashes.”
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</span>
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<span style="display: initial;">
Rather than recall these potentially deadly Jeeps, Chrysler’s CEO asked for, and received, a meeting with the Secretary of the DOT and the head of NHTSA, and they worked out a deal where Chrysler would install a tow hitch on the defective Jeeps.
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<span style="display: initial;">
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</span>
</p>
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<span style="display: initial;">
Even one of Chrysler’s engineers noted that the “tow package does not protect the tank.” Nevertheless, Chrysler claims, “it provides incremental benefit in low to medium-speed impacts.” So, you had better have an “incremental” crash if you own one of these Jeeps. Most important for Chrysler is that it was the “agreed-upon action,” not that it was effective.
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<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
The government has found about 50 people have died in these accidents, but safety advocates, as with the GM ignition switch defect, claim the number is much greater. Last fall, NHTSA instructed Chrysler to accelerate the pace of the repairs.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On the day the letter was sent, another woman died in a fiery explosion of her Jeep. Her family’s attorney claimed an autopsy showed she would have survived the crash if the Jeep had not burned. Sadly, even if the Jeep had been repaired, it not have helped given the inadequate nature of the fix.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Cbsnews.com, “
</span>
<a href="http://www.cbsnews.com/news/chrysler-jeep-recall-gas-tank-explosions-still-raising-safety-concerns/" target="_blank" style="display: initial;">
Chrysler exploding gas tank “remedy” not enough for some
</a>
<span style="display: initial;">
,” March 23, 2015
</span>
</p>
</div>Take your divorce one step at a time2015-03-20T16:44:19Z2015-03-20T16:44:19Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
During a divorce, things can become confused and overwhelming. You may find yourself feeling somewhat out of control and this alone, excusing the worries over your children and your financial future, could be disconcerting. But you have all of those other worries, in addition to the emotional pain and general feelings of disorientation in your life.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
How to avoid that? It is not easy, as self-doubt and uncertainly are closely associated with the process of divorce. But this is where your divorce attorney and other professionals can help. By knowing which professional to rely on for each service is key and can help reduce some of the “overwhelming-ness” of the divorce process.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Working with your attorney, you can deal with the legal aspects of the divorce. If you are having true psychological issues with the process, rather than running up additional legal fees by using your attorney as a therapist, working with a licensed therapist or divorce coach will be more effective.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Additionally, if you have a complex financial situation and issues business valuation, sophisticated retirement and investment accounts and there is a risk of hidden business profits or other assets, you may need a forensic accountant or other financial professional, to work with your divorce attorney to assemble an accurate division of marital assets.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Because one of the symptoms of being overwhelmed is the inability to separate things, the more you are able to compartmentalize each piece of your divorce, the less overwhelming it will seem and they greater your ability to make reasoned, informed decisions.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/diane-l-danois-jd/handling-your-divorce-lik_b_6873972.html" target="_blank" style="display: initial;">
Handling Your Divorce Like an Air-Traffic Controller
</a>
<span style="display: initial;">
,” Diane L. Danois, March 15, 2015
</span>
</p>
</div>How child support affects taxes2015-03-20T16:44:17Z2015-03-20T16:44:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Tax season is now in full swing. For many households, filing taxes brings up important considerations regarding not only tax law, but also family law. These areas often overlap in key ways.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
We recently discussed the affect of child custody on taxes. Today, we will examine the interplay between child support and taxes.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As a child support recipient or payer, your first concern is likely how these payments are treated for tax purposes. The answer is rather straightforward. At the federal level, the IRS does not regard child support as income. If you pay child support, you cannot deduct those payments as expenses. Likewise, if you receive child support, it will not be taxable as income. Nor will it count toward your Earned Income Credit.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
This approach makes sense in light of the rationale behind child support payments. Under Missouri law, parents have a
</span>
</span>
<a href="http://dss.mo.gov/cse/pdf/child-support-brochure.pdf" target="_blank" style="display: initial;">
legal obligation to financially provide
</a>
<span style="display: initial;">
<span style="display: initial;">
for their children. This is true even of parents who were never married. Child support simply balances out this duty between the two parents.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Additionally, child support obligations are based in large part on each parent’s income. The payments themselves should not serve as the basis for determining the appropriate amount of child support.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Taxes and child support also intersect when it comes to enforcement. What if your ex-spouse or partner is behind on child support payments? For parents entitled to overdue payments, taxes may offer an avenue for recovery. You may be able to intercept the other parent’s tax refunds at both the state and federal levels. A lawyer can help you navigate this process.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Source: FindLaw, “
</span>
<a href="http://family.findlaw.com/child-support/child-support-and-taxes-q-a.html" target="_blank" style="display: initial;">
Child Support and Taxes Q&A
</a>
<span style="display: initial;">
.” Accessed March 20, 2015.
</span>
</p>
</div>Helping your children through divorce with strong co-parenting2015-03-20T16:44:16Z2015-03-20T16:44:16Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Many parents in Missouri who have gone through a divorce know that splitting up is not always easy on children. Adjusting to a new routine and a new home life takes time and often comes with obstacles. As parents, however, there are few things you may be able to do to help your children through this transition.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A recent article written by a divorce and parenting coach explains how parents can work together to make their divorce a little easier on their children. The solution, she says, is effective co-parenting through compromise.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Of course, co-parenting with your ex is easier said than done, but here are a few tips to consider when deciding how to raise your children between two households:
</span>
</p>
<p>
<br/>
</p>
<ul>
<li>
<span style="display: initial; font-weight: bold;">
Consistency is key
</span>
<span style="display: initial;">
. Having two sets of rules to live by is not only confusing for children, but it can also create tension when they pit Mom against Dad.
</span>
</li>
<li>
<span style="display: initial; font-weight: bold;">
Compromise is necessary
</span>
<span style="display: initial;">
. It is likely that you and your ex do not agree on every aspect of parenting. However, by having a conversation about what is important to each of you could lead to a compromise that can be carried out in both households.
</span>
</li>
<li>
<span style="display: initial; font-weight: bold;">
If compromise is impossible, move on
</span>
<span style="display: initial;">
. If you and your ex simply cannot reach an agreement on a parenting style, it is important to keep living. Although having different rules at Mom’s and Dad’s can create tension, remember that you and your children are resilient. You will get through it together.
</span>
</li>
</ul>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Co-parenting after divorce is not easy, but we hope these tips have given you something to consider as you figure out how to adjust.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/rosalind-sedacca/consistent-coparenting-ea_b_6873722.html?utm_hp_ref=parenting-after-divorce" target="_blank" style="display: initial;">
Consistent Co-parenting Eases The Way For Children After Divorce
</a>
<span style="display: initial;">
,” Rosalind Sedacca, March 17, 2015
</span>
</p>
</div>140,000 traffic accidents just in Missouri2015-03-20T16:44:15Z2015-03-20T16:44:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Many drivers can have a long and uneventful history of operating a motor vehicle. You probably know someone who has driven for decades without even a fender bender. It may be attributed to some who are skilled at driving, and have used those skills to avoid situations that would have caused a lesser driver to crash.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Others may be exceptionally cautious. Then never drink and drive, never use their cellphone, eat, smoke, shave or do their makeup, or any of the millions of other activities that can cause distraction. They avoid traveling in bad weather and are not driving in the overnight hours, stay under the speed limit and don’t run red lights.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Then there are the rest of us. We can attribute our lack of accidents to a very important and often overlooked element of driving: Luck.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
We have been lucky. We haven’t encountered a drunk driver running a red light. We have not had a sleepy truck driver miss a curve and cross the median directly in front of our vehicle. We have not had a vehicle strike a concrete median, become airborne and crash on top of our vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Missouri State Highway Patrol wants to remind everyone that in Missouri alone, in 2013, there were almost 140,000 vehicle accidents. This is more than 380 crashes per day. According to the MSHP, the average driver will experience a collision every ten years of his or her life, and they point out that these crashes must be reported to the police.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Maintaining safe driving habits are essential, but they are a floor, not a ceiling, for highway safety. You may think you will never have an accident, because you are a safe driver, but never forget in addition to being a safe driver, you still need to be lucky.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Heartlandconnection.com, “Missouri State Highway Patrol works to raise accident awareness,” Ashley Hoak, March 18, 2015
</span>
</p>
</div>How does child custody affect taxes?2015-03-19T16:52:06Z2015-03-19T16:52:06Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The deadline to file your taxes is less than a month away. As we get closer to April 15, some Missouri parents who divorced last year may be wondering how their child custody arrangement factors into their federal tax returns. In today’s post, we will help you begin to understand who can claim the children as dependents and what benefits that person may receive.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Under IRS rules, only one parent can claim the children as dependents on their tax returns — not both. Most often, the custodial parent is given this exemption, since he or she typically provides the majority of support to the children. However, there are exceptions.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If you and your ex split child custody evenly — meaning the children spend the same amount of time with both of you over the course of a year — the parent with the higher adjusted gross income will be allowed to claim the children as dependents. It is important to note that the IRS has final say over who can claim dependency exemptions after a divorce or separation. Your federal tax status is based on federal law, not a state or county custody order.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Parents who are able to claim their children as dependents may receive several tax benefits, including filing as the head of household, the child exemption, a credit for child care services and the child tax credit.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
We hope this information gives you some idea of how your custody arrangement will affect your tax return. Because not all custody situations are straightforward, however, it may be helpful to seek the guidance of an experienced attorney.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: FindLaw, “
</span>
<a href="http://family.findlaw.com/child-custody/child-custody-and-taxes.html" target="_blank" style="display: initial;">
Child Custody and Taxes
</a>
<span style="display: initial;">
,” Accessed March 19, 2015
</span>
</p>
</div>Missouri Senate approves bill to forgive child support debt2015-03-18T16:52:08Z2015-03-18T16:52:08Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There is no doubt that some people have trouble paying child support. Job loss, health issues and other factors can make it difficult for some parents to make ends meet.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Earlier this week, the Missouri Senate approved a bill that would forgive a portion of child support debt owed to the state. If the bill is passed into law, noncustodial parents could have up to $2,000 of their child support debt eliminated if they agree to participate in parenting courses or job training.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Custodial parents in Columbia and Boone County who are owed child support may be concerned by this bill. It is important to note that the bill would not forgive debt owed to custodial parents — only debt that is owed to the state directly because the state played a role in supporting the children.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
According to KY3, at least one senator is hopeful that the program will not only encourage noncustodial parents to play a bigger role in their children’s lives, but also help these individuals pursue the financial stability they need to meet their child support obligations.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Child support is an extremely important part of ensuring the well-being of children throughout Missouri. Giving noncustodial parents the resources they need to obtain steady employment and stronger parenting skills may be beneficial for their children in the long run. In the meantime, it will be interesting to see whether this bill becomes law.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
What do you think of this bill? Do you think it will help children in Missouri?
</span>
</p>
</div>How false memories can lead to a wrongful conviction2015-03-18T16:52:07Z2015-03-18T16:52:07Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Most people would consider criminal charges to be an incredibly troubling thing to face because they know that their freedom could be at stake if they are convicted of committing a crime. Most people also know that wrongful convictions do happen across the nation, oftentimes leaving a person labeled as a criminal even though they have done nothing wrong.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In many cases, wrongful convictions can occur because of confessions that are later proven false by other evidence. But this might lead you to ask: why would someone confess to committing a crime they didn’t do? If you’re like some of our Missouri readers, you may be thinking you would never allow yourself to be convinced into confessing to a crime you had nothing to do with. But would you be correct in making this assertion? Some psychologists say no.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In a study conducted in the United Kingdom at the University of Bedfordshire, researchers were able to show how easily our memories can trick us into giving a false confession. They did this by suggesting a false memory to participants who were later asked repeatedly to describe the event which, in some cases, included committing a crime. Coupled with “poor memory-retrieval techniques,” a majority of participants were not only able to recall the false memory but were also able to give details about the crime that never happened.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This particular research is quite poignant because it shows how easy it is for false memories to solidify themselves into reality. With enough coaxing, a person could easily admit to committing a crime in which they did not participate, which might be particularly discomforting for those in Missouri who think this could never happen to them.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As you may already know, appealing a conviction can be challenging, especially when a confession is involved. Even if a conviction is overturned, the challenges don’t stop there. A person may want their criminal record expunged, which is no easy task if you do not have the right legal counsel at your side. This is something we’d like all our readers to keep in mind, especially now that we know how easily a false memory can lead to a wrongful conviction.
</span>
</p>
<p>
<br/>
</p>
<p>
Source: The Associated for Psychological Science, “
<a href="http://www.psychologicalscience.org/index.php/news/releases/people-can-be-convinced-they-committed-a-crime-they-dont-remember.html" target="_blank" style="display: initial;">
People Can Be Convinced They Committed a Crime That Never Happened
</a>
<span style="display: initial;">
,” Julia Shaw, Jan. 15, 2015
</span>
</p>
</div>If my spouse cheated, are assets still split evenly in divorce?2015-03-17T16:52:10Z2015-03-17T16:52:10Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Many divorces in Missouri are caused in part by infidelity. However, even if adultery is the reason for your divorce, it does not necessarily mean a judge will take it into consideration when approving your divorce settlement.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Missouri is a no-fault divorce state, meaning that a couple living in Boone County can file for divorce for any reason. You may have heard the term “irreconcilable differences.” Today, most divorcing couples list “irreconcilable differences” as the cause of their divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Before no-fault divorce became accepted in every state, a couple was required to list a reason for their divorce, such as adultery or abandonment, and provide proof that it occurred. Today, however, most states — including Missouri — do not even allow fault divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Because divorce in Missouri is no longer about placing blame, adultery will likely have little to no impact on your property division agreement. In fact, adultery is not listed among the main factors to be considered in asset division according to
</span>
</span>
<a href="http://www.moga.mo.gov/mostatutes/stathtml/45200003301.HTML" target="_blank" style="display: initial;">
Missouri divorce statutes
</a>
<span style="display: initial;">
. However, if the infidelity somehow impacted your marital property, it could play a role in your property division settlement. For example, if your spouse used your joint bank account to support his or her affair — like buying gifts or trips — it could lead to a more favorable settlement for you.
</span>
</p>
<p>
<br/>
</p>
<p>
Although this information is not to be used as legal advice, we do hope it helps you better understand the role of infidelity in divorce. Because every divorce case is different, however, the best way to know for sure if and how infidelity will impact your divorce is to speak with an experienced divorce attorney. To learn more about how property division works in Missouri, visit the
<a href="/family-law/property-division" style="display: initial;">
<span>
</span>
Property Division page
</a>
<span style="display: initial;">
<span style="display: initial;">
of our website.
</span>
</span>
</p>
</div>Property DivisionShould 1980 truck liability insurance amounts increase?2015-03-13T16:52:12Z2015-03-13T16:52:12Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A lot of things have changed since 1980. Jimmy Carter was president. The first space shuttle had yet to be launched. Apple computer had just introduced a new model, the Apple III, there was no such thing as an IBM PC or a “minivan,” and the Cardinals still played football in St. Louis, while the Rams played in Los Angeles.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
But, if you are a truck driver or trucking company and you need insurance, it is still 1980. That was the year Congress put in place the minimum
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
liability insurance
</a>
<span style="display: initial;">
<span style="display: initial;">
a truck must carry. A request for comments by the Federal Motor Carrier Safety Administration (FMCSA) on the question of raising that amount generated a huge number of comments, most from trucker and personal injury attorneys.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The breakdown of comments was as expected. The reality is 30 years of inflation have eroded that $750,000 figure that Congress set in 1980 until it is only worth about $264,000 in 2015 dollars.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And that is using the base CPI from the Bureau of Labor Statistics; inflation for medical services has been even higher, with $4.8 million being the estimated equivalency in today’s dollars. One attorney suggested it should it should be closer to $10 million.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Truckers claim higher premiums will drive them out of business. But for an injured motorist, severely hurt or for the family of someone killed in a truck accident, $750,000 is often far too little to cover their losses.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Simply because a negligent trucker does not have adequate insurance does not mean the injuries and the losses go away. Someone always pays. In one case, a 10-year-old girl suffered severe head injuries and will require more than $9 million in lifetime care. Because her father was in the military, the federal government, and taxpayers, will end up footing the bill.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The trucking industry argues that these accidents are rare. If they really are that rare, then the market should price them accordingly and they are unlikely to cause premiums to rise so high that they put truckers out of business.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Cleveland.com, “
</span>
<a href="http://www.cleveland.com/open/index.ssf/2015/03/trial_lawyers_vs_truckers_a_feud_over_trucks_crashes_insurance_and_devastation.html" target="_blank" style="display: initial;">
Trial lawyers vs. truckers: a feud over trucks, crashes, insurance and devastation
</a>
<span style="display: initial;">
,” Stephen Koff, March 9, 2015
</span>
</p>
</div>Potential changes to the Missouri criminal code expected in 20172015-03-13T16:52:11Z2015-03-13T16:52:11Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Did you ever vote for a politician because they promised to make changes you thought would greatly benefit the community or state? Most people do. But have you ever stepped back and considered how these legislative promises affect the functionality of existing statutes? Probably not, unless you have needed to defend yourself against criminal charges.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Because our criminal statutes are so complex and subject to change over time, some crimes can become misclassified while others receive changes that increase sentencing requirements to the point where some prosecutors even start to question the fairness of the punishment. The hope though is that things will change in Missouri, especially now that changes are being suggested for the better.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As some of our Boone County readers may have heard, a bill before a General Assembly joint committee could overhaul our state’s criminal code for the better — a move that has not been successfully done since 1979. After 10 years of sifting through statutes and discussing necessary changes, the bill’s first revision is completed and could lead to changes in prosecution if it takes effect at the start of 2017.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Some changes include: shifting the classification of a robbery from a property offense to the chapter concerning aggravated stealing, changing some of the punishment ranges for felonies to better match the crimes associated with the system, and adjusting the felony threshold for people who write bad checks or are accused of forgery, just to name a few.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Although the changes suggested in this first revision of the criminal code affect everything from white collar crimes to drug crimes, the passing of the bill may get little pomp and circumstance from the media. Our readers can rest assured though that we here at Harper Evans Hilbrenner & Netemeyer will stay on top of these changes so that we can
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
help you present the best defense
</a>
<span style="display: initial;">
<span style="display: initial;">
if you find yourself facing any criminal charges down the road.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Columbia Daily Tribune, “
</span>
<a href="http://www.columbiatribune.com/news/crime/prosecutors-discuss-changes-to-missouri-s-criminal-code/article_972acf33-08e4-5822-93b8-bae1b843070b.html" target="_blank" style="display: initial;">
Prosecutors discuss changes to Missouri’s criminal code
</a>
<span style="display: initial;">
,” Alan Burdziak, Feb. 12, 2015
</span>
</p>
</div>They are always your children2015-03-11T16:52:13Z2015-03-11T16:52:13Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Divorce is difficult for children. Young children do not really understand why mommy and daddy are not living together. Older children may not really understand, and they can get the wrong idea as to why their parents are divorcing. But it is not really the divorce that is difficult. The legal separation of two lives is unintelligible for most children, but they don’t really need to understand that.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
It is the failure of their parent’s relationship and the fear or guilt that develops that suggests to them that it is their fault. Which is why during your divorce with
</span>
</span>
<a href="/" style="display: initial;">
children
</a>
<span style="display: initial;">
, you want to have the professionals deal with the technical aspects, both legal and financial, to ensure that those matters are appropriately dealt with, while you work on the emotional side of the equation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
For your child or children, you need to reassure them that it is not their fault. But you need to do more. You need to ensure that your dealings with your children’s other parent do not cause a negative affect. Speaking ill of their other parent in front of them will only cause hurt for your children.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Continuing to fight and argue with them whenever you have any interaction will only cause them pain. And even if they fail to grasp the import of your statements, they understand your tone and when you use it on them, it will truly frighten them.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As difficult as the divorce process is for adults, they, at least, are actors. They have some choice and control. Children have none of that, which is why as their parents you need to work to minimize their fear and disorientation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Your relationship did not work out with their other parent. And you did something about that. So too, must you do something for your children and their relationship with their parents. It may not be a relationship you planned on, but you must, for their sake, rise above you own discomforts and make it work for them.
</span>
</p>
</div>To prenup or not to prenup? It is a good question2015-03-05T16:52:15Z2015-03-05T16:52:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There are few more sensitive topics in family law than that of a prenuptial agreement. As its name suggests, it occurs prior to the nuptials, and yet its topic is the division of assets as a result of a divorce. This is conceptually a difficult idea to wrap one’s head around, but that difficulty pales in comparison to the difficulty of emotionally comprehending dividing and protecting your assets before you promise to remain married “’til death do you part.”
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And not everyone needs a prenuptial. If you and your spouse come from modest means, and neither of your parents have substantial assets that you potentially could inherit, there may be no “separate” assets that need protection.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On the other hand, if you and your future spouse have children from previous marriages and some accumulation of your own wealth, a prenuptial agreement could be very valuable, and frankly, not unexpected in today’s societal expectations of the longevity of marriages.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But one thing that is a requirement is having your own attorney during the discussions prior to signing a prenuptial agreement. Danger signs for enforceability of a prenup include an agreement that was signed hours or days before the wedding and where the party with the greater financial worth only had their attorney drafting the agreement.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Because you could be signing away substantial legal rights, you always want your own, independent counsel providing advice, participating in the negotiations, and drafting of the agreement. Moreover, these discussions should occur months, if possible, before the wedding.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And if you are the party who will benefit most, ensuring all of the proper formalities are observed, as they make it more likely that a court will enforce your agreement as valid.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Wsj.com, “
</span>
<a href="http://www.wsj.com/articles/is-a-prenuptial-agreement-a-must-for-most-couples-1425271056?utm_hp_ref=divorce&ir=Divorce" target="_blank" style="display: initial;">
Is a Prenup a Must for Most Couples?
</a>
<span style="display: initial;">
” March 1, 2015
</span>
</p>
</div>Property DivisionIdentity theft and false returns carry serious consequences2015-03-04T16:52:16Z2015-03-04T16:52:16Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Did you know that in 2014, the average sentence for an identity theft conviction rose from 34 months to 48 months? Did you also know that the incarceration rate for such crimes also rose between 2013 and 2014 by 7.1 percent? These increases occurred because the federal government is taking a tougher stance on identity theft, a white collar crime that experts say affects thousands of Americans each year.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The reason for tougher enforcement of the law is because, as the chief of the IRS-Criminal Investigation explains, the federal government wants to “send a warning to criminals” that they can face serious prosecution and even steeper penalties if they choose to partake in criminal activities. Some say that the increase in consequences better fits the crime, which can impact identity theft victims years after the initial crime has been committed.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
It’s worth pointing out though to our Missouri readers that tougher sentences also put more emphasis on getting an attorney immediately after being
</span>
</span>
<a href="/criminal-defense/stealing" style="display: initial;">
accused of committing a crime
</a>
<span style="display: initial;">
. If you didn’t know that federal laws had changed regarding identity theft sentencing, you’re not alone. Some changes to the law are not well advertised by the government, which can catch people off guard when facing prosecution.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Good lawyers, such as the ones that can be found here at Harper Evans Hilbrenner & Netemeyer, stay on top of the law though, meaning if you obtain their services right away after being accused of a crime, you have a better chance of protecting your rights and knowing what consequences you could face. This may give you the edge you need to argue your case in court or even get a lower sentence in negotiations later on.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Accounting Today, “
</span>
<a href="http://www.accountingtoday.com/news/tax-practice/irs-steps-up-prosecutions-for-identity-theft-73806-1.html" target="_blank" style="display: initial;">
IRS Steps up Prosecutions for Identity Theft
</a>
<span style="display: initial;">
,” Michael Cohn, March 3, 2015
</span>
</p>
</div>White Collar CrimesSlippery roads cause massive, chain-reaction crash in Missouri2015-03-02T16:52:17Z2015-03-02T16:52:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The interstate highway system has helped transform America. The backbone of the transit system allows the coast-to-coast movement of goods within days. And it makes it possible to take road trips with relative ease and safety. The interstates are multi-lane, divided highways, which helps minimize head-on collisions. They are controlled access, with bridge interchanges eliminating many of the turns and stops that lead to crashes on two-lane highways.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
And they have much gentler curves and typically lesser grades, often with truck lanes for slower moving trucks heading up hills. All of this smooths the traffic flow, prevents sudden stops and turns and eliminates much of the speed differentials that can cause tragic and catastrophic crashes.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Except in winter.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
When conditions turn bad, the smooth flow of the interstate can turn into a sliding, crashing pile of debris and wreckage, as cars and
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury/truck-accidents/" target="_blank" style="display: initial;">
trucks
</a>
<span style="display: initial;">
<span style="display: initial;">
are left in mangled heaps.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This winter, across the nation, there have been numerous large, chain-reaction crashes, as heavy traffic combined with slippery roads and low visibility often make for massive accidents, involving dozens and in one case, almost 200 vehicles.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Such a crash occurred during winter weather over the weekend on I-44 in Missouri, when a bus struck a semi-truck and set of a enormous 30-vehicle collision.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
There were 11 passengers from the bus who suffered minor injuries, and miraculously, no other injuries were reported. It was remarkable that there were no fatalities, as Missouri Highway Patrol reported that there were multiple tractor-trailers involved.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The road was closed for 24 hours while damaged vehicles were removed.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Kmov.com, “Crews clear multi-vehicle crash scene on I-44 more than 24 hours later,” Adam McDonald, February 28, 2015
</span>
</p>
</div>Do I have to take field sobriety tests (FSTs)?2015-02-27T16:59:27Z2015-02-27T16:59:27Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
If you have ever been pulled over by police, you know it can be intimidating. Even if you don’t think you were doing anything wrong, you might feel very nervous. This is intensified by police commanding orders and demanding information.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-style: italic; display: initial;">
License and registration. Where are you headed? Where are you coming from? Hands on the wheel. Look over here. Step out of the vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Many people do not know their rights in such scenarios and this leads them to feel scared, and their nerves can even cause them to give awkward and incriminating answers to police.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
If you are stopped by police in Missouri,
</span>
</span>
<a href="/criminal-defense/frequently-asked-questions" style="display: initial;">
you have the right to refuse to take field sobriety tests
</a>
<span style="display: initial;">
<span style="display: initial;">
(FSTs). Common FSTs include:
</span>
</span>
</p>
<p>
<br/>
</p>
<ul>
<li style="line-height: 1.5;">
<span style="font-weight: bold; display: initial;">
Horizontal gaze nystagmus
</span>
<span style="display: initial;">
, which is when an officer asks you to follow his or her finger or a pen with your eyes
</span>
</li>
<li style="line-height: 1.5;">
<span style="font-weight: bold; display: initial;">
Walk and turn on command
</span>
<span style="display: initial;">
, which is used by police to determine your ability to follow directions as well as to test your balance
</span>
</li>
<li style="line-height: 1.5;">
<span style="font-weight: bold; display: initial;">
One leg stand
</span>
<span style="display: initial;">
, which also supposedly tests your balance and ability to follow instructions
</span>
</li>
</ul>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Just as you have the right to remain silent, you have the right to refuse field sobriety tests. Many people do poorly on these tests even when they haven’t had too much to drink. This is because the tests are hard and because police often administer them improperly.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you refuse to take a field sobriety test, which is your right, police can attempt to use your refusal as evidence that you were intoxicated. However, this evidence is not as strong as the evidence they would get if you do take the test and fail. When you fail an FST, you are providing police with very harmful evidence to be used against you in a DWI case.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
So, if you are stopped by police, know your rights. You have the right to remain silent. You have the right to refuse field sobriety tests. You have the right to call an attorney.
</span>
</p>
</div>Bigger isn't better if you are smaller2015-02-27T16:59:26Z2015-02-27T16:59:26Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Pickup trucks are large. You may assume that is a function of their function. They are designed to haul heavy loads and pull very heavy trailers. Of course, they are large. But do they really need to be as large as they are? Consider we built the Interstate highway system and went to the moon before 1970. Pickup trucks then were not much larger than some cars, and probably smaller than some that were sold in that period.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But one important difference was their perception as work vehicles. Farmers, ranchers and tradesmen drove them, not suburban housewives. And they were subject to less regulation than passenger cars, because few people used them for anything besides a trade or business.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In the 1970s, the Corporate Average Fuel Economy (CAFE) act caused the carmakers of the to build smaller cars to meet fuel economy standards for their overall product lines. Then a funny thing happened.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Trucks become “cool” and the auto manufacturers recognized that pickups and SUVs could be made very profitable, as leather, heated seats, navigation systems and premium entertainment systems would drive up the MSRP of the vehicle and contribute significantly to the automaker’s overall profit. Ford attributes 50 percent of their income to pickup sales, and GM 35 percent.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And as appearances have become more important than function, and after the CAFE standards were changed, pickup trucks have become larger. This makes sense as the manufacturers jockey for position by claiming their vehicles are the toughest.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But it also makes them more deadly for other vehicle. In the last 15 years, the differential has grown to almost 2,000 pounds. If your passenger car is struck by a pickup truck, you are more likely to be killed in the collision.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Given that they are more prevalent and that market pressure is likely to drive their size and weight to even more extremes, drivers of average cars may become even more at risk. While the National Highway Traffic Safety Administration may examine the role of larger trucks in its review of the CAFE standards, but given their profitability, a change is unlikely.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Bloomberg.com, “
</span>
<a href="http://www.bloomberg.com/news/articles/2015-02-19/bigger-pickups-are-result-of-change-in-fuel-standards" target="_blank" style="display: initial;">
Watch Out for That Truck!
</a>
<span style="display: initial;">
” Peter Coy, February 19, 2015
</span>
</p>
</div>Medical marijuana and joint custody issues2015-02-25T16:59:29Z2015-02-25T16:59:29Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
While all parents need to behave around their children, for divorced parents, the stakes are somewhat higher. You have a former spouse who may still harbor ill feeling towards you and be more than happy to use some indiscretion to make your life as a parent difficult.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Child custody decisions may hinge on many factors, but issues involving alcohol and drugs can quickly rise to the top of the list of items a court may examine very closely in the context of disputed custody of the child.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
For some, the recent liberalization of laws throughout the nation governing the use of medical marijuana in the treatment of medical conditions has been a blessing. Individuals with various conditions find great relief by using different types of medical marijuana or products derived from marijuana.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But if you have shared custody of a child after a divorce, what happens if you need to use medical marijuana? For one man in Maine, it means losing custody of his daughter.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The state’s highest court denied his claims that it was because of his use of medical marijuana, but instead, the use of the drug impaired his ability to care for his daughter and his conduct was not her best interests.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The court pointed to the large quantity of medical marijuana he had in his home and his sharing it with friends, suggesting his child could too easily gain access to the drug.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While Missouri does not yet permit medical marijuana, such a bill has been introduced in the legislature. These cases are likely to create difficult situations, placing a parent’s right to child custody, a concern for the safety of the children and the right of those with severe medical conditions to receive effective medical treatment at odds.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Bangordailynews.com, “Maine Supreme Court rules against medical marijuana patient in child custody appeal,” Nok-Noi Ricker, January 29, 2015
</span>
</p>
</div>Missouri same-sex divorce case goes back to lower court2015-02-21T16:59:30Z2015-02-21T16:59:30Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Court procedure can sometimes be maddening to participants. Court rules tend to be very technical and in some cases draconian. If you have a 30-day deadline to respond to a motion and you file your response on the 31st day, your case could be dismissed and your right to litigate the matter permanently ended.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A fundamental question for any court when presented with a case is whether it has subject matter jurisdiction. This means, is this a type of case the court is authorized to hear. If a court does not have subject matter jurisdiction, the case would presumably have to be dismissed and, if possible, refilled in a court with proper jurisdiction.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A case involving same-sex marriage, which is banned in Missouri by a constitutional amendment, was dismissed by a circuit court last year, when the court determined that it lacked subject matter jurisdiction.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The parties appealed and the Missouri Supreme Court issued a short, technical
</span>
</span>
<a href="http://www.courts.mo.gov/file.jsp?id=83614" target="_blank" style="display: initial;">
ruling
</a>
<span style="display: initial;">
, ordering the matter back to the circuit court.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The Court noted that the grant of subject matter jurisdiction to the circuit courts is broad, and even if the court were to decide that it could not issue a dissolution of marriage to the parties because same-sex marriage is banned in Missouri, the court would still have had jurisdiction to hear the case to decide that it cannot grant the dissolution.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Because the initial case was dismissed at such an early stage of the proceeding, the Missouri Supreme Court had little choice but to return it to the lower court.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Even if the Court had not placed on hold any case dealing with same-sex marriage until the U.S. Supreme Court decides the matter in June, this case lacked any ruling by the lower court beyond that it lacked jurisdiction, and therefore would have been an inappropriate case from which to issue a broader ruling.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Stltoday.com, “
</span>
<a href="http://www.stltoday.com/news/local/metro/missouri-supreme-court-sends-same-sex-divorce-case-back-to/article_f94867ad-aeb3-55d1-b156-5ff5dd19f9d2.html" target="_blank" style="display: initial;">
Missouri Supreme Court sends same-sex divorce case back to lower court
</a>
<span style="display: initial;">
,” Doug Moore, February 10, 2015
</span>
</p>
</div>Winter returns to close schools and cause accidents in Columbia2015-02-18T16:59:31Z2015-02-18T16:59:31Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Winter returned to Columbia and Central Missouri last weekend, causing car accidents and school closings. The University of Missouri was closed on Monday, as did some of the other colleges in the area. Ironically, one local school district that had been planning on being open despite the President’s Day holiday to make up for a previous snow day, was forced to take a snow day for their snow day.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Columbia Public Works Department was reminding everyone that because of the cold temperature that will follow the snow, snow removal from the roads would not be as complete and that their chemicals, like road salt, will be less effective. This means the roads could remain snow covered and contain numerous icy spots for unwary drivers.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The police reported 12 motor vehicle accidents from Sunday into Monday morning, including one that occurred on I-70 with severe injuries resulting from a rollover accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This type of weather, with heavy snow and limited visibility, demands drivers change their typical behavior of driving too fast and following too closely. On a road like I-70, where traffic can accumulate into clumps, all it takes is one driver’s negligence to set off a dangerous chain-reaction crash.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And narrow, two-lane roads leading out from Columbia carry with them their own dangers, from other drivers losing control and crossing the centerline of the road, to vehicles striking slippery spots and suddenly spinning out of control, only to come to a halt after multiple rollovers or crashing against a tree or utility pole.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Such a collision can turn a minor spinout into a fatal car crash in an instant. And drivers should be on the alert for black ice at night or on seemingly clear patches of roadway. Slow down, take it easy, and before we know it, March will arrive.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/local/snow-closes-mu-campus-triggers-columbia-tow-away-law/article_93086e48-cd9e-505a-a295-a58321d227cb.html#image_1" target="_blank" style="display: initial;">
Snowstorm causes traffic headaches, closes college campuses
</a>
<span style="display: initial;">
,” Alicia Stice, February 16, 2015
</span>
</p>
</div>Should Missouri continue enforcing the death penalty?2015-02-13T16:59:33Z2015-02-13T16:59:33Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
As some of our readers may or may not know, Missouri reinstated the death penalty in 1977. Between 1989 and 2012, our state executed 68 inmates, many of whom had been convicted of murder. Recently, a man by the name of Walter T. Storey was added to this list when he was executed this month for a 1990 murder.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But as so many of our Columbia readers know, conviction of a crime does not necessarily always point to guilt. As we have seen in other cases, the mishandling of cases and/or the addition of DNA evidence has led to appeals that have successfully been able to prove a person’s innocence. Here in Missouri, this has only resulted in three people being released from death row.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Because of the finality of death and the fact that some people on death row could be there wrongfully, we ask our readers to consider this question: should Missouri continue enforcing the death penalty?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Unfortunately, this is not an easy question to answer. That’s because there are two very opposing sides to the issue. On the one hand are those who stand opposed to alleged criminals such as prosecutors and the victim’s loved ones. As was shown by a statement made in the Storey case by the victim’s brother, some people see an execution as compensation for the pain and suffering they endure after a violent crime has been committed.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On the other hand, however, we have people who are opposed to the death penalty, such as defense attorneys and civil rights activists. People who oppose the death penalty point to a 2014 study that suggests “at least 4 percent of all people who receive the death penalty are innocent.” If any one of those innocent people were executed, would justice really be served?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
By presenting the case of Walter T. Storey, we are not trying to insinuate guilt or innocence but rather highlight what is at stake when a person is sentenced to death row. The death penalty only gives a person a relatively small window of time to gather and present evidence in their defense. In the end, the death penalty may still condemn an innocent person to die, begging the question once more: should Missouri continue enforcing the death penalty?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p style="line-height: 1;">
<span style="font-weight: bold; display: initial;">
Sources
</span>
<span style="display: initial;">
: Courthouse News Service, “
</span>
<a href="http://www.courthousenews.com/2015/02/11/missouris-first-2015-execution-splits-scotus.htm" target="_blank" style="display: initial;">
Missouri’s First 2015 Execution Splits SCOTUS
</a>
<span style="display: initial;">
,” Joe Harris, Feb. 11, 2015
</span>
</p>
<p style="line-height: 1;">
<span style="display: initial;">
<br/>
</span>
</p>
<p style="line-height: 1;">
<span style="display: initial;">
Forbes, “How Many Innocent People Are Sentenced To Death?” Elizabeth Lopatto, April 29, 2014
</span>
</p>
<p style="line-height: 1;">
<span style="display: initial;">
<br/>
</span>
</p>
<p style="line-height: 1;">
<span style="display: initial;">
The American Bar Association, “The Missouri Death Penalty Assessment Report,” Updated April 2012, Accessed Feb. 12, 2015
</span>
</p>
</div>Do you know how divorce settlement works?2015-02-13T16:59:32Z2015-02-13T16:59:32Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
During your divorce, you may encounter numerous parts of the process that you may not fully understand. You trust your attorney is doing a competent job representing your interests and you may feel you do not have to understand all of the legal minutia and “inside baseball” discussions to obtain a fair and equitable divorce settlement.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
To some degree that is true; if you needed to understand every legal element of your divorce process, you might not feel the need to hire a legal professional in the first place. You may have felt comfortable enough to do it on your own. While you may not need to fully understand every element of the process, you do need to understand every piece of your final divorce order and settlement.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Especially if you have significant marital assets, you and your attorney and any financial professional that you had as part of the process of divorce need to sit down and go over, line by line, and fully examine your
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
from your settlement.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
You need to know exactly what will happen to the proceeds of the sale of the family home and how you will be notified. Using a multi-year calendar, supplemented by electronic reminders can be valuable.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If your spouse has vesting rights to retirement accounts or other investments or stock options, you want reminders that let you know it is time to request your share. If your spouse if providing insurance, you want to be notified of when premium payments are due, and receive confirmation of those payments. You also want to know of any changes to the policy, specifically beneficiaries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While this may seem tedious, this document represents a significant piece of your financial future and the better you understand how it will function, the better you can protect your rights and secure your future.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Wsj.com, “
</span>
<a href="http://www.wsj.com/articles/financial-adviser-holds-a-debriefing-on-her-clients-divorce-settlement-1423498385" target="_blank" style="display: initial;">
‘Debriefing’ a Divorce Settlement
</a>
<span style="display: initial;">
,” Austin Kilham, February 9, 2015
</span>
</p>
</div>Property DivisionMissouri's dangerous bridges will eventually go away2015-02-10T16:59:35Z2015-02-10T16:59:35Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Ever wonder how many highway bridges exist in Missouri? Unless you work for the Missouri Department of Transportation, or one of their contractors, you probably haven’t. While there are a few bridges that because of their history or design, like the Clark Bridge at West Alton, or the historic Eads Bridge, in St. Louis, most drivers cross thousands of bridges every day and never notice.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Until they are not there. While bridge collapses are relatively rare, when one collapses, like the I-35W bridge in Minnesota did in 2006, it makes headlines. Unfortunately, such collapses could become less rare, and
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
involving deteriorating and failing structures could increase.
</span>
</span>
</p>
<p>
Missouri has the dubious distinction of being one of the top states for “structurally deficient” bridges. The state is home to more than 3,300 of these bridges. While not in immediate danger of collapse, they are cause for concern.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
“Structurally deficient” means that a major element of a bridge, such as the deck or supports fails to meet a threshold of recommended rating. If a bridge falls too low on these measures, it can be declared unsafe and closed.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But for most, it means they can be repaired. However, that takes money and money means taxes. States like Missouri have likely deferred maintenance to cut costs and reduce MoDOT’s budget, but weather and wear-and-tear are inexorable. They never stop. If repairs are put off too long, gravity will win and the bridge will collapse.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
How many bridges are there in Missouri? 24,385 and a quarter of them are either structurally deficient or functionally obsolete. Obsolete means while still safe, they are too small or narrow to handle modern traffic safety. They too, need to be replaced.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If we ignore them long enough, the problem will go away. One collapse at a time.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Washingtonpost.com, “
</span>
<a href="http://www.washingtonpost.com/blogs/wonkblog/wp/2015/02/04/mapping-americas-most-dangerous-bridges/?wpisrc=nl_wnkpm&wpmm=1" target="_blank" style="display: initial;">
Mapping America’s most dangerous bridges
</a>
<span style="display: initial;">
,” Christopher Ingraham, February 4, 2015
</span>
</p>
</div>Are you addicted to texting?2015-02-07T16:59:36Z2015-02-07T16:59:36Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Two Missouri high school students are working to raise money to bring a distracted driving simulator to their high school. They both attended a distracted driving summit last year in Washington, D.C., where they were able to use a simulator and experience just how fast a car accident can occur when the driver is distracted by an activity like texting.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
They also have experienced the tragedy of the death of a fellow student due to a distracted or reckless driving crash. And, being teens, they know other teens who text and drive, and want to prevent them from becoming the victim of a
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
fatal accident
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The use of the simulator can help teen drivers, who often can be overconfident of their driving abilities, and may not recognize that they cannot handle both texting and driving. The simulator can demonstrate how real the likelihood of a crash is when they text.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
There are many activities that can cause a driver to become distracted, from adjusting a radio, eating, shaving and putting on make-up. None of these activities is a good idea, but texting may be specially dangerous, as
</span>
</span>
<a href="http://about.att.com/story/compulsion_research_drivemode_ios_availability.html" target="_blank" style="display: initial;">
one study
</a>
<span style="display: initial;">
<span style="display: initial;">
found that the receipt of a text triggered a receptor in the brain to react in the manner of a chemical addiction.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
We have all seen people who seem “addicted” to texting, and this study suggests there may be elements of the chemistry of the brain that make it more than a figure of speech.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Because it can be addicting, and removing your attention from the road can be so dangerous, the safest place for your phone while driving is turned off and out of sight.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Ozarksfirst.com, “Bolivar Students Raise Money for Distracted Driving Summit,” Lindsay Clein, February 5, 2015
</span>
</p>
</div>How do you measure fair?2015-02-06T16:59:39Z2015-02-06T16:59:39Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
If marriage is seen as the melding of two lives into one, then a divorce is all about division. The dividing of those two lives yet again and leaving them two, independent lives. And depending on the situation, this can be easy or difficult. During this division, whether it involves the children, the family home or their investment accounts, it is expected that the ending result is fair.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Fairness is why we go to family court. To obtain a fair result. Nevertheless, how do we define a fair property division? In some cases, giving 50 percent to each could be fair. But because the marital property often consists of many assets and income streams, determining how to divide them fairly means that an equitable result means something other than a 50/50 split.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The other difficulty with the determination is that we have to imagine the future and attempt to understand the difference if we choose one asset over another 10 or 20 years in the future.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One company, created by an economics professor, may provide some help. The program allows all of a couples financial variables to be run through an algorithm and it will produce four different outcomes that use different assumptions.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This allows a spouse to see what happens with different asset mixes and to show what is equitable when one party has a higher income.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
For those involved in the divorce, it does not tell them what is fair and equitable, but it provides dispassionate evidence that may help diffuse what may otherwise be sensitive subject.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Wall Street Journal, “
</span>
<a href="http://blogs.wsj.com/totalreturn/2015/02/05/a-new-way-to-reach-an-equitable-divorce-settlement/" target="_blank" style="display: initial;">
A New Way to Reach an Equitable Divorce Settlement
</a>
<span style="display: initial;">
,” Karen Damato, February 5, 2015
</span>
</p>
</div>Property DivisionA look at why lowering the legal limit might be bad2015-02-06T16:59:38Z2015-02-06T16:59:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Even though we all know it’s wrong, drunk driving continues to be a problem across the nation. There are two competing thoughts though as to why drunk driving continues to be an issue. Those who are against drinking and driving say that it’s the law’s fault because it doesn’t give harsher punishments to repeated offenders. Criminal defenders, though they may agree that it’s the law’s fault, believe instead that the law is too harsh and does not offer treatment programs that could offer redemption instead of continued incarceration.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Where ever you stand on the issue, what seems clear is that something needs to be done. A fine line must be walked though between what is best for public safety and protecting the rights of those accused of breaking the law. Some people believe they have the solution: lower the legal limit to .05. But does this really walk that fine line? Let's take a look.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In an article we wrote on buzzed driving, we explained that even slight intoxication in some individuals can leave them impaired, perhaps even resulting in arrests or accidents. As we pointed out, some people across the nation want to decrease the legal limit in order to reduce the number of accidents. But as we pointed out, this can create problems for casual drinkers — where even a glass of wine with dinner might lead to a criminal charge.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This isn’t the only foreseeable issue though that could be created by a reduction in the legal limit. As our readers have seen from other cases, breath tests aren’t always 100 percent accurate. False readings have been known to occur and calibration of breath-test devices continue to be a problem across the nation. By lowering the legal limit, law enforcement agencies are increasing the likelihood of accidentally arresting someone for impairment when in fact they may not be at all.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Being able to protect a person against potentially damaging drunk-driving charges is important to us in here at Harper Evans Hilbrenner & Netemeyer. Be believe that with the help of a lawyer, a person has the ability to present the right defense, allowing them to get the fairest trial possible from our justice system, no matter how the law changes.
</span>
</p>
</div>How will you spend your money?2015-01-31T16:59:40Z2015-01-31T16:59:40Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When you hire an electrician as you are building or remodeling a home, you understand that every additional electrical circuit they add to system will cost you money. They will provide a recommendation, based on building code requirements, but you can always add more circuits, more “bells and whistles” and in the end, more expense.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While they are happy to shoot the breeze with you while they are working, they don’t stop billing simply because you are chatting about the process of building or remodeling a home.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In the same way, every time you want to discuss changing something about your divorce, it becomes an extra charge. If you want to fight and “get even” with your spouse by litigating every issue, your attorney will oblige, assuming it is not violating the rules of professional responsibility.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But in the end, your marital property is funding all of your actions. In the same way that adding granite countertops to your kitchen may mean no six-panel oak doors, a combative divorce may cost your children a college education, or you years of retirement.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
You absolutely want to obtain an equitable property division, including dividing your debts and your retirement accounts, but you have to judiciously choose your legal battles, as they can be costly.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
You also need to consider the tax effects on dividing retirement assets and understand that different types of retirement accounts may have very different tax treatments. Other items, like the family home may have a strong emotional draw, but if there is still a mortgage, you must examine the full cost of owning the home, including property tax, insurance and maintenance.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
You are better off having your attorney spend his or her time and your money on these calculations than to engage in some petty litigation that will add little to your net worth ten years after your divorce is final.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
usnews.com, “
</span>
<a href="http://money.usnews.com/money/personal-finance/articles/2015/01/27/how-youre-making-your-divorce-more-expensive?page=2" target="_blank" style="display: initial;">
How You’re Making Your Divorce More Expensive
</a>
<span style="display: initial;">
,” Geoff Williams, January 27, 2015
</span>
</p>
</div>Why simple problems produce complex results2015-01-30T16:59:41Z2015-01-30T16:59:41Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The Federal Motor Carrier Safety Administration (FMCSA) created a program called Compliance, Safety, Accountability (CSA) to help assess safety performance of trucking companies. The CSA includes reports of truck crashes, and some trucking organizations had been urging the FMCSA to add “fault assignment” to the truck crashes.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
They believed that this would help distinguish between situations where the truck driver was clearly at fault, like that of the Tracy Morgan crash from last summer. In that truck accident, one man was killed and Morgan and others were injured when a sleepy truck driver crashed into their limo. In other situations, they hope it would clearly indicate when the driver of the other vehicle is at fault.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Seems reasonable on its face. The trucking organizations suggested applying a numerical score that would indicate the degree of fault of the involved drivers. This, too, seems reasonable.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
But here’s the hard part.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Who assigns the score?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The police? The trucker’s insurance company? The other driver’s insurance company? A judge? And if there is a dispute, who handles it?
</span>
</p>
<p>
<span style="display: initial;">
The FMCSA, in an environment where funding fails to keep pace with the demands placed on the agency, recognized that the complexities of managing such a system of scoring was beyond the capabilities of the agency.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The fact that most of the fault assessment would be done by the investigating law enforcement agency would make the program unmanageable. This is because there is no standardized report. Different law enforcement agencies use different forms and the quality of that report may be dependent on the experience and knowledge of the officer, which could vary greatly.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As nice as it would be to have an easy way in which to determine which trucking companies are obviously negligent and which are innocent victims, it is unlikely that anyone is willing to pay the expense of developing a uniform process that would enable the resulting report to have much validity.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
With complex systems, nothing is ever simple.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Overdriveonline.com, “
</span>
<a href="http://www.overdriveonline.com/trucking-groups-on-fmcsas-crash-accountability-study-incomplete-data-in-csa-still-inexcusable/" target="_blank" style="display: initial;">
Trucking groups on FMCSA’s crash accountability study: Incomplete data in CSA still inexcusable
</a>
<span style="display: initial;">
,” Todd Dills & James Jaillet, January 28, 2015
</span>
</p>
</div>Supreme Court to weigh in on what constitutes a routine stop2015-01-26T16:59:43Z2015-01-26T16:59:43Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
As we have said before on this blog, we here at Harper Evans Hilbrenner & Netemeyer are avid followers of criminal defense cases. That’s because we, just like our more frequent readers, understand the importance of staying up-to-date on the changing landscape of the law. We see it as necessary in order to successfully put forward the best criminal defense and protect the rights of our clients.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One right we have seen violated and nearly violated time and again is a person’s Fourth Amendment right. As we explained in a December post on the topic, law enforcement agencies must have at least reasonable suspicion in order to request the necessary search order from the courts. Without this, law enforcement risk violating a person’s civil rights, jeopardizing the validity of the case later on.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In our December post, we demonstrated this through the case of Heien v. North Carolina where a routine traffic stop resulted in drug charges. As we explained, police were able to execute a search and seizure of drug evidence because they had the reasonable suspicion necessary to make the search. But a new case before the U.S. Supreme Court is questioning what really constitutes as “reasonable” under the Fourth Amendment.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In the case of Rodriguez v. United States, the U.S. Supreme Court must answer an important question: how long can police detain a person during a routine traffic stop before the stop falls outside the “reasonable” limits of the Fourth Amendment? Depending on how the court decides, the outcome of the case could mean sweeping changes in how law enforcement agencies conduct traffic stops that could lead to the use of drug sniffing dogs and therefore longer traffic stops.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Because protecting the rights of our Missouri clients is important to us, we will make sure to let our readers know about any updates regarding this case. We will also make sure that whatever the high court decides, our readers understand how it will apply to them in future traffic stops.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Scotusblog.com, “
</span>
<a href="http://www.scotusblog.com/2015/01/224253/" target="_blank" style="display: initial;">
Argument analysis: What exactly is a “routine” traffic stop, and should a suspicionless dog sniff be part of it?
</a>
<span style="display: initial;">
” Rory Little, January 22, 2015
</span>
</p>
</div>House bill on electronic tracking: where is it now?2015-01-22T16:59:45Z2015-01-22T16:59:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Back in March, we wrote a post about HB 1388. For those who did not read the post or hear about this piece of legislation on the news, HB 1388’s aim is to bolster everyone’s constitutional rights by requiring law enforcement agencies in Missouri to obtain a warrant before activating the GPS tracking systems found on many electronic devices.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A bipartisan measure, HB 1388’s goal is to please both law enforcement agencies, who want to utilize technology to prevent crime, and civil rights advocates, who want to make sure citizens are properly protected from police who try to overreach their power.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
At the time of our March post,
</span>
</span>
<a href="https://legiscan.com/MO/bill/HB1388/2014" target="_blank" style="display: initial;">
HB 1388
</a>
<span style="display: initial;">
<span style="display: initial;">
had just been approved by the Missouri House by an overwhelming 134 in favor and just 13 opposed. This allowed the piece of proposed legislation to go onto the Senate where, if passed, it would likely turn from bill into law. It’s been nearly 10 months since arriving at the doors of the Senate, begging the question: where is it now?
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As some of our more frequent readers know, legislation can take an incredibly long time to work its way through Congress. That’s because bills have to go through a series of committees and hearings where legislators are able to vote on its approval or dismissal. For HB 1388, things have been no different.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
After receiving committee approval and going through the appropriate public hearing, the bill moved to the Senate’s informal calendar. Although the order of the bills at this level do not matter — any of them can be heard at any time — HB 1388 must wait here until its current sponsors, Rep Robert Cornejo and Rep Rick Brattin, can get recognition. The bill would then still need to pass the Senate before it could become law.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Even though HB 1388 could sit on the informal calendar for many more months, it’s still a bill worth following because it highlights the importance of strengthening our constitutional rights. In far too many cases over the last few decades we have seen situations in which police have used technology to overstep their bounds, violating people’s Fourth Amendment rights in the process. With the passage of HB 1388, Missouri can make sure that missteps involving electronic tracking are less likely to occur, further protecting residents and their rights for years to come.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Missouri Digital News, “
</span>
<a href="http://www.mdn.org/HELP/CALHELP.HTM" target="_blank" style="display: initial;">
Legislative Calendar Definitions
</a>
<span style="display: initial;">
,” Accessed Jan. 22, 2015
</span>
</p>
</div>Financial planning for a divorce?2015-01-22T16:59:44Z2015-01-22T16:59:44Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Like most things in life, planning can help your divorce. No, we are not suggesting that you should plan to get divorced. However, if you are certain your marriage relationship is failing, and you are considering the prospect of a divorce, doing some financial homework before you file can significantly ease many of the complex elements of your property division.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The dividing of your marital property is a very important part of your divorce. Which assets your receive and their form and timing can all have a long-lasting impact on your financial condition after your divorce agreement is final.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Understanding your household finances prior to your divorce is essential. You want to know where all of your bank, investment and retirement accounts are and their balances, what loans or mortgages are outstanding, all of your credit cards and any real estate that you own.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Copies of all of this information will both make the discussion of the property division intelligible for you and will allow your attorney or accountant to look for discrepancies. If income and expenditures don’t match, there is possible that your spouse could be hiding assets or income.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
It is also important to be financially prepared for what happens after the filing. If you have to move out, do you have ready cash to cover your necessary living expenses. And you will also need to be able to pay your attorneys and other professionals, if necessary.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Any divorce is emotional, and that can interfere with making correct decisions. Economic decisions must be rational and cost effective. You attorney can help prevent emotions from overwhelming what makes financial sense. This can help prevent your making decisions that you will cost you and that you will later regret.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Cbsnews.com, “
</span>
<a href="http://www.cbsnews.com/news/6-money-mistakes-to-avoid-in-a-divorce/" target="_blank" style="display: initial;">
6 money mistakes to avoid in a divorce
</a>
<span style="display: initial;">
,” Gerri Detweiler/credit.com, January 21, 2015
</span>
</p>
</div>An offer you cannot refuse2015-01-20T16:59:46Z2015-01-20T16:59:46Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Here’s a question: Would you want lower gas prices for your car or truck if accepting such an offer could cost you your life in motor vehicle accident? Most people would never accept such a deal, but a recent study suggests that we all make that deal as gas prices fall.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The mechanism is not some grand Faustian bargain, but instead the natural consequence of the change in the price of gasoline. When something like gas becomes more expensive, because Americans drive so many miles every year, we recognize very quickly the impact of $4.00 a gallon gas.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
If you drive a large truck or SUV, a 25-gallon tank of gas could cost $100. So people begin to economize. They consolidate their trips to the store with other errands or they make it part of their drive home, rather than going back out later after arriving home.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
They also may drive more slowly and not accelerate rapidly away from intersections, all of which reduces gas consumption and reduces the likelihood of a speed-related crash. So higher gas prices reduces our exposure to the activity of driving and makes us drive more safely.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Conversely, cheaper gas increases their exposure to driving more miles, which increases the risk of a car accident. It also encourages driving faster, as the need to drive at a moderate speed to conserve fuel is reduced.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One study suggests that a $2.00 a gallon price drop would translate into 9,000 additional highway fatalities. This would send the current average of about 33,000 traffic deaths well over 40,000, a number not seen since 2007.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This would be extraordinarily high price to pay for cheaper gas, but given human nature, we find it a difficult offer to refuse.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
NPR.com, “
</span>
<a href="http://www.npr.org/2015/01/06/375308884/the-downside-of-cheaper-gas-more-accident-fatalities" target="_blank" style="display: initial;">
The Downside Of Cheaper Gas: More Accident Fatalities
</a>
<span style="display: initial;">
,” Shankar Vedantam, January 6, 2015
</span>
</p>
</div>Multiple DWIs can lead to a felony, but you do have rights2015-01-16T16:59:49Z2015-01-16T16:59:49Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Seeing red and blue flashing lights in your rear view mirror can be a scary sight. That’s because most people aren’t entirely familiar with the subtle nuances of a traffic stop or the laws surrounding them. More to the point, it’s this lack of understanding that can lead to missteps on the road to justice, perhaps even leading to an undeserved conviction.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One way to protect yourself from a wrongful conviction is to seek the help of a skilled criminal defense attorney. Their expertise has been cited in a number of cases as the reason why charges were dropped or a person’s innocence was effectively proven. Although obtaining an attorney is an added expense, they are considered by most to be a necessary but welcomed expense, especially because they can make all the difference in some cases.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Another thing that can greatly help someone defend themselves against criminal charges is knowing their rights. Take for example a traffic stop in which you are accused of drunk driving. Most people assume that they can only be charged with a DWI if that was the reason for the stop. Here in Missouri, any traffic stop can result in a DWI charge if the officer suspects intoxication during the course of the stop.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
You also have rights when it comes to Breathalyzer tests. Although you technically do have the right to refuse a breath test , you should know that refusing to take this test can lead to an arrest and a court order that allows your blood to be drawn at a hospital. This has become a hot-button topic here in Missouri because it raises questions about the protection of the Fourth Amendment, which is a conversation you may want to have with your lawyer if you find yourself in the same situation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Most importantly though is knowing your rights concerning your criminal history and how it will impact future convictions. Here in Missouri, there is a “no limit look back” rule when it comes to DWI convictions, meaning even if you received a conviction more than a decade ago, it can still affect a current DWI conviction — perhaps even leading to a felony DWI.
</span>
</p>
<p>
<br/>
</p>
<p>
Knowing these rights might be difficult without the help of a lawyer, which is why you will want to contact
<span style="display: initial;">
if you find yourself facing a possible felony DWI charge.
</span>
</p>
</div>Do we need to know what the divorce rate is?2015-01-16T16:59:48Z2015-01-16T16:59:48Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The U.S. Census Bureau would like to stop doing something it has done for decades. It no longer wants to have to count the number of divorces that occur every year. The questions asked regarding divorce are part of the American Community Survey and the data is used by many disparate groups for everything from research on the changing American family, to political groups arguing pro or con on many issues.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Census Bureau apparently feels that the data is not particular valuable and can be obtain from other sources, such as the state courts that grant divorces. While that is true, to some degree, having a single source with a consistent methodology used to gather the data, ensures accuracy that may be lacking when looking at 50 distinct sources.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The number and frequencies of divorces do matter, as it can impact various services provided by government, such as Social Security. Divorce may change how and when people decide to retire and begin receiving Social Security retirement benefits.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Divorce requires the assistance of family courts and the services they provide. Determining the rate at which people divorce may influence the number of family court judgeships created.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It also highlights demographic changes, such as the increasing number of “gray divorces” among the baby boom generation, and allows for the tracking of other demographic trends.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While the abstract numbers may have more usefulness to researchers and political activists, the most important divorce rate is your own. If you need a divorce, nationwide trends really are not that important. You need to decide, weighing all the factors, the answer that is right for you and your family.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Cnn.com, “
</span>
<a href="http://money.cnn.com/2015/01/08/news/economy/census-bureau-marriage-divorce-questions/" target="_blank" style="display: initial;">
Do we really care how many Americans are getting married and divorced anymore?
</a>
<span style="display: initial;">
” January 8, 2015
</span>
</p>
</div>Will Google cars be on the road in five years?2015-01-15T16:59:50Z2015-01-15T16:59:50Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
2020. five years from now. That’s the date that Google claims they will have self-driving cars on the streets and highways. While some within the automotive industry claim that autonomous vehicles will be held back because of regulation, Google’s head of their self-driving car project believes such concerns are “overblown.”
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Google is working with safety regulators, like the National Highway Traffic Safety Administration (NHTSA) to ensure compliance with federal motor vehicle safety standards. The agency has not issued any regulations that specifically apply to autonomous vehicles, but it is expected that they are working on regulations that could be needed to deal with the special concerns such vehicles would raise.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The 2020 date is earlier than some in the industry had expected, and this week, some carmakers announced that they had been in discussions with Google concerning the manufacturing of their self-driving vehicles.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Google’s head of the of the project notes the vehicles will not be “crashproof,” but safety concerns still will be write large for these vehicles. Fears, ranging from computer-controlled cars running down pedestrians in crosswalks to worries of fleets of hacked cars running amuck will all need to be overcome to obtain significant consumer acceptance.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Nevertheless, the need remains great. While many safety features have led to reductions in car accidents and traffic fatalities, there is still much work to do. in 2013,
</span>
</span>
<a href="http://fivethirtyeight.com/features/why-the-rules-of-the-road-arent-enough-to-prevent-people-from-dying/" target="_blank" style="display: initial;">
32,719 deaths
</a>
<span style="display: initial;">
<span style="display: initial;">
were attributed to car accidents. Costs associated with these accidents is estimated to approach $900 billon every year.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
Many accidents are the result of human error, included drunk, distracted and drowsy driving. Even if autonomous vehicles are not perfect, it is likely that they could significantly reduce the number of accidents that occur. 2020 cannot come too fast.
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
The Wall Street Journal, “
<a href="http://www.wsj.com/articles/google-sees-self-drive-car-on-road-within-five-years-1421267677" target="_blank" style="display: initial;">
Google Sees Self-Driving Car on Road Within Five Years
</a>
<span style="display: initial;">
,” Christina Rogers, January 14, 2014
</span>
</p>
</div>Turn signals can be a real pain the…arm2015-01-09T17:16:48Z2015-01-09T17:16:48Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A man in Creve Coeur, Missouri is recovering after a rather unusual surgery. He recently had begun to experience pain his arm. It felt as if there was a pointed object poking him from inside his arm. In fact, there was. He had known there was a long metal object in his arm for some time, after setting off a metal detector in a courthouse years earlier.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It was the source of that metal object that was unusual. After surgeons completed their work, they presented him with the turn-signal lever from a 1963 Ford Thunderbird. How it got there was almost as suspiring as the fact that it had remained there for 51 years.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In 1963, he was involved with a head-on accident with his Thunderbird. The car accident was severe enough to be reported, incorrectly, as a fatal accident. He survived, but suffered a serious injury, which broke his hip. His arm was cut and bleeding, but gave him no unusual pain.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It wasn’t until the incident with the metal detector and an X-ray decades later that he grew to suspect what it was. A friend had taken photos of the crash, and he noticed there was no turn-signal lever on the left side of the steering column.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The lever was about the size of the object in the X-ray. Doctors advised since it caused no pain, not to risk surgery to remove it. When it recently began to hurt, he had no choice, and he was confident that the object would turn out to be the lever, which it did.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It was remarkable that an object as large as the lever did not cause an infection in his arm.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Car accidents often leave their victims with life-long injuries, that can cast a pall over the remainder if their lives, but it is rare indeed to have to wait 51 years to discover an injury.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Stltoday.com, “
</span>
<a href="http://www.stltoday.com/news/local/metro/granite-city-man-finds-out-what-s-been-hidden-in/article_d19e6473-80a3-51c8-bbb4-70f21d9e5904.html" target="_blank" style="display: initial;">
Granite City man finds out what’s been hidden in his arm for 51 years
</a>
<span style="display: initial;">
,” Jesse Bogan, January 1, 2015
</span>
</p>
</div>Those caught by red-light cameras issued a refund2015-01-09T17:16:47Z2015-01-09T17:16:47Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Although most drivers in Missouri would rather see a resolution in the case of Tupper v. the City of St. Louis, which challenges the enforcement of red-light cameras in certain municipalities, good news was delivered to the nearly 900,000 drivers who received tickets due to the automated ticketing system.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The good news was that a settlement had been reached with American Traffic Solutions, the company that is operating the cameras. The settlement grants a 20 percent refund to drivers who had received tickets from the system. Although many alleged violators would like to see all of their ticket refunded — especially in cases where the
</span>
</span>
<a href="/criminal-defense/traffic-violations" style="display: initial;">
traffic violation
</a>
<span style="display: initial;">
<span style="display: initial;">
was issued in error — some are glad that there has at least been some progress on the issue of red-light cameras in the state.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
As you may or may not know, the case of Tupper v. the City of St. Louis was
</span>
</span>
<a href="http://blogs.riverfronttimes.com/dailyrft/2014/06/missouri_supreme_court_takes_on_st_louis_city_red_light_camera_case.php" target="_blank" style="display: initial;">
taken up by the Missouri Supreme Court
</a>
<span style="display: initial;">
<span style="display: initial;">
last year in an effort to offer clarification to cities across the state. The case questioned whether the use of red-light cameras in certain municipalities was actually against state law. The lower courts have been unable to offer a concise answer because of their conflicting rulings, which prompted our state’s highest court to take up the issue.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As we have said before on this blog, the government must follow the laws of the land just as closely as its citizens do. As most of you will agree, the government should not have carte blanche to make up laws that violate a citizen’s rights — whether it’s for something as simple as a traffic violation to more serious crimes like DUIs. The case of Tupper v. the City of St. Louis highlights this fact and is one that is worthy of a resolution.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Sources
</span>
<span style="display: initial;">
: KMBC News, “
</span>
<a href="http://www.kmbc.com/news/settlement-offered-for-redlight-camera-tickets-in-missouri/30594842" target="_blank" style="display: initial;">
Drivers eligible for partial refund for red-light camera tickets
</a>
<span style="display: initial;">
,” Kisha Henry, Jan. 8, 2015
</span>
</p>
<p>
The Riverfront Times, “Missouri Supreme Court Takes On St. Louis City Red-Light-Camera Case,” Lindsay Toler, Jan. 26, 2014
</p>
</div>How lucky do you feel in your divorce proceeding?2015-01-09T17:16:45Z2015-01-09T17:16:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
During any divorce, the property settlement is likely to be a significant element of the proceeding. The older the couple, the longer the marriage and the more substantial the assets, the more likely there are to be disagreements over what is a fair division of the marital property.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But few divorces are likely to have a property division of the size of the divorce involving Harold Hamm and his wife. He is the owner and creator of Continental Oil, an oil drilling company that has grown dramatically as the fracking oil boom of the Bakken oil fields has expanded.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The oil business, however, is known for its boom-and-bust cycles, and the value of Mr. Hamm’s fortune is perhaps moving from the boom part of the cycle, potentially towards the bust.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Since August of 2014, some reports indicate he may have lost half of his wealth. Given that his holdings were valued at $19 billion, he is unlikely to be heading toward the poor house any day. But he and his wife are disputing the almost $1 billion property settlement the court awarded last year.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
He claimed it was too large and she that it was too small. With assets of this magnitude, any calculation is a challenge, but it underscores that divorce determinations are often based on a snapshot of time.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
It is important to understand the basis of your assets during a
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
complex property division
</a>
<span style="display: initial;">
. The stock market can fluctuate and the collapse in real estate last decade showed that even something as seemingly rock-solid as a suburban American home can decline in value.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It also serves to remind that items funded by income streams, like medical care for a spouse or children should be backed by insurance, in the event the responsible party dies unexpectedly, resulting in loss of that benefit.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
This week it appears that she accepted a lump sum payment of
</span>
</span>
<a href="http://www.cnbc.com/id/102323063#." target="_blank" style="display: initial;">
$974.8 million
</a>
<span style="display: initial;">
, as his attorney was advised by Morgan Stanly that she had deposited the check. Perhaps she decided not to gamble on further potential declines in his oil company’s stock value, and to end what could have been additional years of litigation.
</span>
</p>
<p>
<br/>
</p>
<p>
The Washington Post, “
<a href="http://www.washingtonpost.com/news/national/wp/2015/01/03/a-guide-to-the-billion-dollar-divorce-appeal-thats-headed-to-the-oklahoma-supreme-court/" target="_blank" style="display: initial;">
A guide to the billion-dollar divorce appeal that’s headed to the Oklahoma Supreme Court
</a>
<span style="display: initial;">
,” Abby Ohlheiser, January 3, 2015
</span>
</p>
</div>Mistakenly receiving drugs in the mail and the question it raises2015-01-05T17:16:49Z2015-01-05T17:16:49Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Even with the passage of
</span>
</span>
<a href="http://www.house.mo.gov/billtracking/bills141/biltxt/truly/HB2238T.htm" target="_blank" style="display: initial;">
HB 2238
</a>
<span style="display: initial;">
, which will eventually legalize the possession of hemp extract for certain people, Missouri still has some rather strict marijuana laws when compared to other states. Possession of even a small amount of marijuana can result in serious criminal charges that can lead to fines and even jail time.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
It’s because of our strict
</span>
</span>
<a href="/criminal-defense/drug-crimes" style="display: initial;">
drug possession
</a>
<span style="display: initial;">
<span style="display: initial;">
laws that we wanted to present an out-of-state case to our Boone County readers in which a package containing marijuana was mislabeled and sent to the wrong recipient. Although this particular case did not result in criminal charges, it raises an important question: could the accidental delivery of marijuana lead to criminal charges? Let’s take a look at the case and our own state’s laws to find the answer.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to Courthouse News Service, the package was mislabeled with the recipient’s address when it was in fact intended for someone else. When the recipient realized the error, she immediately called the police who did not appear to file any charges against the woman.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Looking at Missouri’s laws, it’s likely that the same outcome would have occurred here as well. That’s because
</span>
</span>
<a href="http://www.moga.mo.gov/mostatutes/stathtml/19500000101.html" target="_blank" style="display: initial;">
Section 195.010.1
</a>
<span style="display: initial;">
<span style="display: initial;">
of our drug possession law requires a person to have “knowledge of the presence and nature of a substance” and “has actual or constructive possession of the substance.” Because the woman in this case did not appear to have knowledge of what was in the package, our laws would likely lead to the same conclusion: that she was not guilty of drug possession by definition of the law.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
With more states choosing to legalize medical and recreational marijuana, it’s possible that more cases like this could pop up in the future. If something like this were to occur here, a package recipient would still be encouraged to contact a skilled criminal defense lawyer, especially if charges were filed despite evidence suggesting that a misdelivery had occurred.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Courthouse News Service, “
</span>
<a href="http://www.courthousenews.com/2015/01/02/fedex-off-the-hook-for-alleged-pot-misdelivery.htm" target="_blank" style="display: initial;">
FedEx Off the Hook for Alleged Pot Misdelivery
</a>
<span style="display: initial;">
,” Rose Bouboushian, Jan. 2, 2015
</span>
</p>
</div>Looking at statistics for fatal motor vehicle accidents2014-12-31T17:16:50Z2014-12-31T17:16:50Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
It is true that the vast majority of the car accidents in Missouri do not result in fatalities, but it is still worth breaking down the fatal crash statistics to see how often they occur and who is most likely to be hurt. The National Highway Traffic Safety Administration keeps careful track of all of these statistics, and their data can shed a lot of light on how things transpire.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
For example, the number of fatal accidents has actually been pretty low for the last few years for which data was kept, hovering right around 30,000. In 2009, there were 30,862 fatalities, 2010 saw 30,296, 2011 saw a low of 29,867, and 2012 ended with 30,800.
</span>
</p>
<p>
If you go back a decade or so, however, you find numbers that are closer to 40,000 than 30,000. In 2000, for instance, there were 37,526 fatalities, and 1996 saw 37,494.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Every year, drivers are more likely to pass away than passengers. In 2012, 16,769 drivers were killed, as compared to just 6,061 passengers. In 2008, 19,279 drivers passed away, but there were 7,441 deaths involving passengers. There were also a number of unknown deaths.
</span>
</p>
<p>
<span style="display: initial;">
Of course, much of this has to do with the fact that not all cars involved in fatal accidents have passengers to begin with, so the numbers are naturally going to be higher for drivers.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Have you lost someone in a fatal car accident? If you have, you may have the right to seek compensation for your loss, seeing as how you could be dealing with many financial responsibilities that resulted from the accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: NHTSA, “
</span>
<a href="http://www-fars.nhtsa.dot.gov/Main/index.aspx" target="_blank" style="display: initial;">
National Statistics
</a>
<span style="display: initial;">
” Dec. 30, 2014
</span>
</p>
</div>How a child support order is enforced in Missouri2014-12-30T17:16:52Z2014-12-30T17:16:52Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There are people in the state of Missouri who owe child support. On the other side of the equation, there are people who collect this payment from their child’s other parent every month.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Just because a child support order is issued does not mean a person is actually going to pay. As unfortunate as it may be, there are people out there who will do whatever it takes to dodge their responsibility, even if this means it could land them in jail.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The easiest and most efficient way to enforce a child support order is through wage withholding. This means the money is taken from a person’s paycheck, as opposed to relying on that person to remit payment on a monthly basis.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
There are other ways in which a
</span>
</span>
<a href="/family-law/child-support" style="display: initial;">
child support order
</a>
<span style="display: initial;">
<span style="display: initial;">
can be enforced, including personal property liens and real estate liens. Since these methods are typically more time consuming, it is common for wage withholding to be considered first and foremost.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A civil contempt of court is when the court orders a person be sent to jail because he or she is not paying the ordered child support. This is a serious matter, but in some cases the court has no choice but to act in this manner.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The best thing for all parties involved, including the child, is for the parent to pay the support in full and on time every month. If a parent is finding it difficult to get the money owed, he or she may wish to consult with a family law attorney.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Missouri Bar, “
</span>
<a href="http://www.mobar.org/uploadedFiles/Home/Publications/Legal_Resources/Brochures_and_Booklets/Family_Law_Conference/Child%20Support.pdf" target="_blank" style="display: initial;">
Child Support in Missouri
</a>
<span style="display: initial;">
” Dec. 28, 2014
</span>
</p>
</div>What are the types of paternity testing?2014-12-23T17:16:55Z2014-12-23T17:16:55Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There are many reasons why establishing a biological relationship is important. This comes into play when the mother believes a man is the father of her child.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Most men never have to go through the paternity testing process; however, some find themselves in this position for one reason or another. Fortunately, this is a simple process that can be completed in a number of ways.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When it comes to testing during pregnancy, there are three options to consider:
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
— Non-invasive prenatal paternity. This is the most accurate way to establish paternity before a child is born. The only thing required is a blood sample from the alleged father and mother. If completed after the eighth week of pregnancy, this test is nearly 100 percent accurate.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
— Amniocentesis. This test takes place during the second trimester, with a doctor drawing amniotic fluid for testing.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
— Chorionic Villus Sampling. Also known as CVS, this procedure entails a doctor inserting a tube or needle into the vagina to collect chorionic villi. This test is often completed somewhere between the 10th and 13th week of pregnancy.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Nobody wants to find him or herself in this position, but if there are questions regarding paternity, it is important for the appropriate test to be completed at the right time. With these three types of paternity tests, it is simple for both parties to get a concrete answer without delay.
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Anybody who is involved in a
</span>
</span>
<a href="/family-law/paternity" style="display: initial;">
paternity battle
</a>
<span style="display: initial;">
<span style="display: initial;">
may want to learn more about these tests, while also consulting with an attorney who knows more about the legal side of things.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: American Pregnancy Association, “
</span>
<a href="http://americanpregnancy.org/prenatal-testing/paternity-testing/" target="_blank" style="display: initial;">
Paternity Testing
</a>
<span style="display: initial;">
” Dec. 20, 2014
</span>
</p>
</div>PaternityU.S. Supreme Court case weighs in on search and seizure laws2014-12-23T17:16:54Z2014-12-23T17:16:54Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
If you’re a follower of criminal defense cases like we are, then you know how often disputes arise in the courtroom about the interpretation of the Fourth Amendment. As many of you know, the
</span>
</span>
<a href="http://www.uscourts.gov/educational-resources/get-involved/constitution-activities/fourth-amendment/fourth-amendment-mean.aspx" target="_blank" style="display: initial;">
Fourth Amendment
</a>
<span style="display: initial;">
<span style="display: initial;">
“protects people from unreasonable searches and seizures by the government.” A violation of this right precludes evidence from being used at a criminal trial.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
But as many court cases have pointed out over the years, the difference between a violation of a person’s constitutional rights and a lawful search depends heavily on whether the search was considered reasonable or not. This was the crux of the U.S. Supreme Court case of
</span>
</span>
<a href="http://www.supremecourt.gov/opinions/14pdf/13-604_ec8f.pdf" target="_blank" style="display: initial;">
Heien v. North Carolina
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
In the case, an officer arrested an individual after finding drugs during a traffic stop. The defendant argued that the evidence against them should not be admissible in court because the officer misunderstood the law that led to the traffic stop. The question before the court then was: if the law had been correctly interpreted, would the officer have had the reasonable suspicion necessary to uphold the search and seizure of
</span>
</span>
<a href="/criminal-defense/drug-crimes" style="display: initial;">
drug evidence
</a>
<span style="display: initial;">
?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In an 8-1 decision made this month, the U.S. Supreme Court answered this question by upholding a lower court decision that considered the traffic stop valid despite the mistake of the law. As the court explained, the term reasonable does not necessarily mean perfect, meaning the Fourth Amendment does allow for some mistakes.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
It’s important to note though that this does not mean law enforcement has the right to blatantly violate the law and a person’s constitutional rights. Reasonable suspicion is still necessary — as well as the consent of the accused or a warrant — in order to conduct a search. As you can imagine though, this may be difficult to argue without a lawyer, especially because the law determines what is reasonable and what is not.
</span>
</p>
</div>Car crash kills father and son on their way to Missouri2014-12-23T17:16:53Z2014-12-23T17:16:53Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
A man and his young son were leaving Texas, heading back to their home in Missouri, when they were involved in a car accident. Both the father and the son passed away, and reports show that they died at the
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
crash site
</a>
<span style="display: initial;">
. The man was just 28 years old, and his son was 2 years old.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A spokesperson for the police, when asked about the cause of the crash, said that it looked like it was simply an accident, but that it would probably need to go before a grand jury to determine if charges were needed. It was, after all, a rear-end accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The problem was that the traffic around the father and his son was slowing down because there had already been an unrelated accident. That caused their vehicle to slow as it was going up over the crest of a hill. Another vehicle then came over that hill behind the SUV and was not able to stop before colliding with it.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The SUV, which caught on fire in the wreck, was being driven by a third person, a woman who actually did live through the crash, though she was injured. The emergency crews took her to Parkland Memorial Hospital to get treatment, and it is expected that she will recover and is not in danger of losing her own life.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In just seconds, car crashes can cause serious injuries and even death, and the family members who are left behind must know what rights they have to seek compensation after such an event. This can help in such a stressful, emotional time by covering the inherent costs of a major accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Dallas News, “Father, 2-year-old boy die in fiery crash on I-30 near Lake Ray Hubbard” Tasha Tsiaperas, Dec. 23, 2014
</span>
</p>
</div>Will study make trucking rule safer?2014-12-19T17:16:56Z2014-12-19T17:16:56Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Truck accidents cause the deaths of about 4,000 people every year. Trucks, however, are vital to the flow of commerce, which means there is a great deal of money at stake anytime issues of truck safety are raised.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Truck drivers are an integral element of the safety equation, as their behavior, from driving while intoxicated or under the influence of drugs, to distraction while illegally texting or watching movies on a cellphone or computer, can cause catastrophic
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
truck accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
that injure or kill other motorists on the roads.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
An important factor in the safety equation is the driver’s alertness. The crash last summer that killed one man and severely injured Tracy Morgan appears to have been the result of a truck driver who had not slept in 24 hours and was almost at the end of his 14-hour driving time.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Drowsy driving is a serious problem, but it is often difficult to identify, as it may not be apparent from a crash whether the driver was falling asleep or distracted by another activity. Because of the danger it poses, truck drivers are regulated by the Department of Transportation, both on the number of hours they can work in a week and per day.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Last year, after a decade of litigation, the Hours of Service (HOS) permitted were reduced. Having lost in the regulatory agency and the courts, the trucking industry moved to influence Congress. It found a senator who would help them weaken the anti-fatigue rules and insert a provision in the massive funding bill that they knew the President could not veto.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This provision places a hold on the HOS regulation until October of next year, to allow time for more study. If the trucking industry is behind the study, it is unlikely to support the existing regulations, and will likely lead to permanent weakening of the rules.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It seems a questionable proposition that longer hours will lead to safer truck drivers, but seems to have worked with Congress.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Bloomberg.com, “
</span>
<a href="http://www.bloomberg.com/politics/articles/2014-12-15/truckers-get-relief-on-rest-rules-in-us-budget-deal" target="_blank" style="display: initial;">
Maine Senator Is Again Friend to Trucking
</a>
<span style="display: initial;">
,” Jeff Plungis, December 15, 2014
</span>
</p>
</div>Planning for the holidays after a divorce2014-12-17T17:16:59Z2014-12-17T17:16:59Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
With Christmas and the end-of-year holidays coming up fast, many people are feeling the stress of the season. For those in the midst of divorce, or recently divorced, that stress may be even more intense. With the relentless cheer of advertising contrasting with your emotions, the disconnect can be painful.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
For those dealing with a recent
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce
</a>
<span style="display: initial;">
, a first Christmas can be challenging. Your former happy holiday remembrances may come back to haunt you like the ghost of Christmas past, while you attempt to deal with parenting time hand-offs and the complication of meeting obligations for presents and gifts.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One method of reducing your stress is careful planning. Ideally, your parenting plan should have a very well-defined child custody arrangement, including your holiday schedules. Advance planning helps to minimize the sometimes uncomfortable moments, and properly sets expectations.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you are traveling with children, planning is even more essential. Your former spouse should know exactly when and where you are going with the children, including where you will be each night and complete contact information.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Interstate and international travel may demand an even higher level of disclosure, and your attorney can help with explicit consent forms, to ensure that you have no complications when going through customs or boarding aircraft.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The advantage to having well-defined plans is that enables you to set up activities for the holidays if you do not have your children. And even if you have the children this year, it can allow you create new traditions that work with your new family circumstance.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While it may be very different, it doesn’t have to be a difficult time. With sufficient planning, you can make your holidays just as meaningful and satisfying.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/caroline-choi/divorce-confidential-holi_b_6330382.html" target="_blank" style="display: initial;">
Divorce Confidential: Holiday Preparations
</a>
<span style="display: initial;">
,” Caroline Choi, December16, 2014
</span>
</p>
</div>How technology could help you avoid multiple DWIs2014-12-17T17:16:58Z2014-12-17T17:16:58Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Here in Missouri, as is the case in many other states, any DWI conviction after your first becomes increasingly harsher, oftentimes leading to longer sentences and more severe penalties. Most drivers do not want to incur subsequent DWIs after their first because they know that these DWIs become felonies on their record, affecting everything from their freedom to their ability to drive.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This becomes a major problem for people who are living with a substance-abuse condition. Even though they may not want to incur multiple DWIs and the penalties that follow, their condition makes this goal very difficult to achieve. For these people, as well as anyone else who has multiple DWIs on their record, technology may be the answer to this issue.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As many of our Columbia readers already know, self-driving vehicles are just on the horizon and will be able to provide a safe mode of transportation to those too intoxicated to drive themselves. Widespread use of such vehicles in the decades to come could significantly reduce the number of repeat drunk-driving cases across the nation, including in our own state.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In cases where a driver has the option to exert control over the vehicle, systems similar to ignition interlock devices could be used. The systems would not only be able to tell a driver their intoxication level but it could override the manual driving option by kicking the autonomous driving system into gear. In this instance, a driver can still make it home without fear of a possible drunk-driving charge.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Integrated systems that tell a driver their BAC before they start driving could also be beneficial and a welcomed relief down the road for residents across Missouri. When
</span>
</span>
<a href="http://www.moga.mo.gov/mostatutes/stathtml/57700000201.HTML" target="_blank" style="display: initial;">
Section 577.020.1
</a>
<span style="display: initial;">
, which is our state’s implied consent law, goes into effect in January 2017, refusing to submit to chemical testing could lead to other consequences. In situations such as this, BAC systems integrated into vehicles would become incredibly helpful because they will be able to stop a crime from occurring and prevent a driver from incurring subsequent DWIs as well.
</span>
</p>
</div>How much do you know about divorce and Social Security benefits?2014-12-13T17:17:00Z2014-12-13T17:17:00Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Recently released studies have shown how the number of so-called gray divorces — meaning those involving baby boomer couples — are now on the rise thanks to fundamental shifts in our nation’s longstanding social patterns.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While it’s certainly heartening to see these older people work up the courage to exit an unhappy marriage, it’s nevertheless extremely important for anyone planning this step to understand that they have unique financial considerations that must be accounted for in any divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
For example, boomer couples mulling a split will likely want to consider how it may affect their Social Security benefits.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While it may come as a surprise to some, people can secure Social Security benefits based on the work history of their ex, provided that the following conditions are satisfied:
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<ul>
<li>
<span style="display: initial;">
The ex-spouse must be eligible for Social Security benefits.
</span>
</li>
<li>
<span style="display: initial;">
The spouse seeking to secure the Social Security benefits must be at least 62 years old and unmarried with their eligibility for benefits based on their own work history amounting to less than that of their ex.
</span>
</li>
<li>
<span style="display: initial;">
The marriage must have lasted for a minimum of 10 years.
</span>
</li>
</ul>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This last condition is especially important for boomers to consider, as failure to satisfy it could potentially cost them thousands of dollars.
</span>
</p>
<p>
<span style="display: initial;">
By way of illustration, consider an older spouse officially ending a second or third marriage — a fairly common phenomenon — just three weeks shy of the 10-year mark. Here, the older spouse might not realize that if they had just waited a few weeks longer, they would have been able to secure a monthly retirement benefit in excess of $1,000.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
What all of this serves to underscore is that older couples mulling
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce
</a>
<span style="display: initial;">
<span style="display: initial;">
should strongly consider speaking with an experienced legal professional who can not only help them account for all considerations as they relate to Social Security, but also answer their questions, explain the law and protect their best interests.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KSL.com, “
</span>
<a href="http://www.ksl.com/?nid=148&sid=32667402" target="_blank" style="display: initial;">
What you should know about Social Security and divorce
</a>
<span style="display: initial;">
,” Flint Stephens, Dec. 9, 2014
</span>
</p>
</div>Hair brushing in a car could be distracted driving2014-12-12T17:17:01Z2014-12-12T17:17:01Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Driving is an activity that requires many skills. We have to be alert and paying active attention to the traffic and road conditions in front of our vehicle. We have to watch our mirrors and peripheral view on either side of our vehicle and we have to have the understanding of how to physically control our vehicle, from knowing the stopping distance to knowing how to recover from a skid.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
And we have to know how to do it in a split second. Which is why distracted driving is a very, very bad idea. Because, if you are traveling along a highway like 1-70 as it passes through Columbia, you are moving with a velocity of about 100 feet per second. Which means if something goes wrong, you hit a wet or icy spot, come across a stopped vehicle or have a deer jump across your lane, you have very little time to react and safety avoid a
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accident
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you are reading or typing out a text on your phone, you probably have eliminated or reduced the short time you may have had to react to virtually nothing. And it’s not just texting. Eating, drinking, smoking, looking for a map or turning to yell at your kids in the back seat, are all distracting and potentially life threatening.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This month, the city of O’Fallon passed an ordinance that lists specific behavior, including grooming with a mirror and placing data into a GPS. The city hopes it will make it easier to prosecute drivers for distracted driving.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Missouri is one of only a few states that does not have a statewide ban on texting for all drivers. The legislature banned texting for drivers younger than 21, but has failed to pass legislation governing the conduct of older drivers.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Driving is dangerous business, and simply because we do all the time, we lose sight of that fact and may fail to take it seriously. When cities prohibit this type of conduct, they hope to make people better aware of the risks and cause them to change their behavior.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Stltoday.com, “
</span>
<a href="http://www.stltoday.com/news/local/govt-and-politics/new-driving-law-in-o-fallon-mo-covers-more-than/article_4000f5f9-97c0-5d48-89eb-40e8c0359314.html" target="_blank" style="display: initial;">
New driving law in O’Fallon, Mo., covers more than just texting
</a>
<span style="display: initial;">
,” Mark Schlinkmann, December 3, 2014
</span>
</p>
</div>Even if the divorce rate is declining, you may still need one2014-12-11T17:17:03Z2014-12-11T17:17:03Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The divorce rate causes a great deal of concern for some people. Politicians are always discussing it, and often attempting to pass laws that they hope may lower it, like Missouri’s neighbor to the southwest, Oklahoma, which has enacted laws that enforce a waiting period, apparently in the hope that the couple will reconsider their divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Social scientists and statisticians devote a great deal of energy to the problem, wondering why it happens, whether it is good or bad and what causes marriages to fail. Much of the concern over the divorce rate stems from the supposed effect on children.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
While the details of child support, child custody and spousal support are often determined by the laws of the state, only you can determine if it is time for you
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce
</a>
<span style="display: initial;">
. The divorce rate appears to have been falling for the last three decades, and there are various factors that have influence that decline.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One is women have become independent, as they joined the work force and birth control allowed them to put off becoming mothers. This freedom has allowed them to marry when they are older, and more mature, which has also increased the stability of marriage.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The most important divorce rate for any couple is their own, and there are great many reasons why a couple may call it quits. From substance abuse and domestic violence, to a gradual growing apart as they age, divorce remains a very personal decision.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But it is important to have a knowledgeable guide when you decide, as the process is complex and fraught with many issues where professional advice is essential to allow you to make an informed decision.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/2014/12/02/divorce-rate-declining-_n_6256956.html" target="_blank" style="display: initial;">
The Truth About The Divorce Rate Is Surprisingly Optimistic
</a>
<span style="display: initial;">
,” Brittany Wong, December 2, 2014
</span>
</p>
</div>Legal issues of inventing a breath test to detect drugs – Part II2014-12-09T17:17:04Z2014-12-09T17:17:04Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In one of our blog posts last week we brought to our Missouri readers’ attention the fact that scientists are currently looking into a new way of detecting if a driver is impaired by drugs. As you may remember from the post, a chemistry professor from Washington State University believes that it’s possible to adapt a Breathalyzer device to detect THC rather than alcohol. And if researchers are successful, then this device could become a regular tool for law enforcement across the nation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But as we mentioned last week, such a test may create some legal issues for residents here in Missouri, which is a concern not just for our readers here in Boone County but across the state.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The first foreseeable issue has to with how our state handles drugged driving. Here in Missouri, marijuana use is illegal, meaning even the presence of such a drug in a person’s system can lead to
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
criminal charges
</a>
<span style="display: initial;">
. In fact, according to the Missouri Department of Transportation, “if you use drugs and drive, you will be charged with a DWI even if you do not have alcohol in your system.” But according to the National Highway Traffic Safety Administration, the presence of THC in a person’s system is not enough to indicate impairment.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As the NHTSA explains, “it is difficult to establish a relationship between a person’s THC blood or plasma concentration and performance impairing effects.” That’s because impairment is contingent upon several variables including frequency of use and when the drug was used. As you can see, this creates a potential problem for a Missouri driver because they could be accused of impaired driving even though they may not be impaired.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It’s important to also consider how the law will govern the use of such a device. Will the requirements for its use be similar to current Breathalyzer tests? Will a refusal to take either an alcohol or drug breath test result in a single infraction or could someone face two penalties for refusing the tests? How will the courts handle such cases down the road?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
It’s questions such as this that our readers may need to ask themselves, especially because they could easily arise in future criminal cases if the drug breath test device is created. The hope though is that legislators will have addressed these potential issues by then so that they don’t become problems later on.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The National Highway Traffic Safety Administration, “Cannabis / Marijuana,” Accessed Dec. 9, 2014
</span>
</p>
</div>Are you getting enough sleep before getting behind the wheel?2014-12-06T17:17:05Z2014-12-06T17:17:05Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
According to the Mayo Clinic, adults need between seven to eight hours of sleep each night. Not getting enough sleep has been linked to numerous short-term and long-term health problems. Additionally, insufficient amounts of sleep have been proven to adversely affect judgment and reaction time and thereby increase the likelihood that an individual will either cause or be involved in a workplace or motor vehicle accident.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Federal agencies like the National Highway Traffic Safety Administration have estimated that drowsy driving is the cause of more than 100,000 traffic accidents, 40,000 injuries and 1,550 fatalities each year. However, a recently study released by the American Automobile Association estimates that these numbers are actually much higher.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
According to AAA’s Traffic Safety Culture Index study, researchers estimate that some 328,000 crashes each year are caused by drivers who are fatigued. The study also estimates that some 109,000 injuries and 6,400 fatalities can be directly linked to drowsy driving, a number that equates to 21 percent of annual motor vehicle fatalities.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A staggering thirty-seven percent of survey respondents admitted to dozing off behind the wheel at some point in their lives. A drowsy driver doesn’t, however, need to actually fall asleep while driving to be considered a risk to public safety.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Being fatigued negatively affects a driver’s ability to pay attention, process information and react quickly. Given these adverse effects of driving while overly tired, it makes sense that more than 50 percent of
</span>
</span>
<a href="http://www.stltoday.com/news/traffic/along-for-the-ride/study-drowsy-driving-more-of-a-threat-than-previously-believed/article_b48485a3-9576-5e6d-b794-4e5d3a7f30ba.html" target="_blank" style="display: initial;">
drowsy driving-related motor vehicle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
“involve drivers drifting out of their lanes or off the road.”
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The authors of the AAA study advise drivers to pay attention to signs that they may be too tired to drive. Additionally, drivers would be wise to ensure they get sufficient amounts of sleep, avoid taking any type of medication that may increase drowsiness and take frequent breaks while driving long distances.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: St. Louis Post-Dispatch, “Study: Drowsy driving more of a threat than previously believed,” Nov. 8, 2014
</span>
</p>
<p>
<span style="display: initial;">
American Automobile Association, “Drowsy Driving,” 2014
</span>
</p>
</div>Divorce and your estate: do you have a plan for your plan?2014-12-05T17:17:07Z2014-12-05T17:17:07Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Most educated people will tell you that you should update your estate plan after any major life event such as after marriage, having a child, the death of a loved one and yes, even after divorce. But if you’re like a lot of our Missouri readers, estate planning may be the last thing on your mind when going through the
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce process
</a>
<span style="display: initial;">
. After all, you have enough on your plate. Why should you concern yourself with your will when you need to be focusing your energy of dissolving your marriage and moving on with your life?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Because an estate plan lays out your end-of-life wishes — such as what you’d like done with your remains and how you would like your assets distributed to loved ones — it’s very important to consider how your divorce will affect the execution of it down the road. So what is the effect here in Missouri? Let’s take a look.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In Missouri, just as is the case in many other states, the wishes laid out in an estate plan are executed after a person’s passing, meaning assets are distributed to the beneficiaries named in a will and so on. When most couples marry, they typically name their spouse as the primary beneficiary to most of their assets. But after a divorce, this may not be the desire anymore. This is where Missouri law steps in.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to our state’s laws, any provisions in an estate plan that name your spouse as a beneficiary of certain assets becomes invalid after a divorce is finalized. This means though that if you do not update your estate plan, your estate may fall into intestate succession after your passing, leaving the distribution of your estate up to the courts to decide.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Even though estate planning is not typically regarded during the divorce process, as you can see, divorce can affect this important legal document. That’s why it doesn’t hurt to consider it during your own dissolution of marriage proceedings and ask your attorney about any necessary changes you should be making while you still can.
</span>
</p>
</div>State's high court hears arguments in three traffic camera cases2014-12-04T17:17:09Z2014-12-04T17:17:09Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Every motorist dreads the moment when they glance in their rearview mirror only to be greeted by the sight of a squad car’s flashing lights.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Here, just a momentary lapse in judgment behind the wheel can result in the officer issuing you a traffic violation that is not only costly, but which will also see penalty points added to your driver’s license.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As frustrating as this scenario can be, it takes on a whole new level of frustration when the traffic violation isn’t issued by a police officer, but rather through the mail via a traffic camera.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Not surprisingly, these traffic cameras — the bane of many Missouri motorists — have been at the epicenter of several bitter legal disputes across the state, with proponents arguing they can make the roads and highways safer and critics arguing that they are nothing more than a revenue stream for local governments.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Interestingly, the issue came to a head earlier this week when the Missouri Supreme Court heard arguments in three cases challenging the legality of these traffic cameras.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The primary contention of the three cases, filed by concerned motorists in St. Louis, Moline Acres and St. Peters, is that the issuance of traffic camera tickets for speeding and running red lights stands in direct conflict with existing state law.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
To illustrate, the St. Peters case involves a woman who was issued a citation by a traffic camera for running a red light back in 2013, but who did not have any penalty points assessed against her license.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Here, the presiding circuit court judge dismissed the ticket and, while stopping short of voiding the city’s red-light camera ordinance altogether, ruled that the city’s cameras were in direct conflict with state law, as running a red light is defined as a moving violation punishable by penalty points under state law.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
For their part, St. Peters officials have argued that the circuit court judge erred in his decision and that red-light violations captured by cameras were previously designated as non-point violations by the state’s director of revenue.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Stay tuned for updates …
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
If you have been charged with any type of
</span>
</span>
<a href="/criminal-defense/traffic-violations" style="display: initial;">
moving violation
</a>
<span style="display: initial;">
<span style="display: initial;">
— speeding, texting while driving, failing to wear a seatbelt — don’t just dismiss it. That’s because in addition to the steep fines, you can slowly accumulate penalty points against your license that could result in eventual license suspension or even revocation.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In these situations, you should strongly consider speaking with an experienced attorney who can outline your options and fight to keep your record clear.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Source: The St. Louis Post-Dispatch, “
</span>
<a href="http://www.stltoday.com/news/local/crime-and-courts/missouri-supreme-court-to-hear-cases-on-traffic-camera-enforcement/article_7cb62067-b44c-56b6-9157-b267b5c56658.html" target="_blank" style="display: initial;">
Missouri Supreme Court to hear 3 cases on traffic camera enforcement
</a>
<span style="display: initial;">
,” Alex Stuckey, Dec. 2, 2014
</span>
</p>
</div>Criminal DefenseMissouri car accident causes serious injuries2014-12-04T17:17:08Z2014-12-04T17:17:08Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
There are many good Samaritans in the world — people who are willing to stop and help a stranger simply out of the goodness of their heart. Unfortunately, one man in Missouri suffered
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
serious injuries
</a>
<span style="display: initial;">
<span style="display: initial;">
when he stopped to help another man, who was also injured. Police have now accused a woman of driving under the influence as a result of the accident that injured the men.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The accident happened in the early morning hours of a day in August. Reports indicate that a horse trailer had become detached from a pickup truck. One man parked his truck behind the trailer and was attempting to move it when the second man stopped to help him.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Even though the truck’s hazard lights were engaged, police claim that a 38-year-old woman did not see the stopped vehicles and slammed into the back of the pickup. The men were thrown into a ditch. One of the men required heart surgery to repair a torn aorta. He also suffered severe broken bones. The second man suffered a broken pelvis, internal bleeding and broken ribs.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
An investigation allegedly shows that the woman was speeding and did not attempt to brake before the accident. Police claim that a test administered two hours after the accident revealed that the woman’s blood alcohol content was over double the legal limit. She now faces criminal charges.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Even if the woman is not convicted of the criminal charges, the two men have the option of filing a personal injury case in a Missouri civil court. If they can successfully argue their respective cases, they could each receive a monetary award to help with expenses stemming from the accident, including medical bills related to the treatment their serious injuries required. Such an outcome would allow the men to focus on their long-term recovery instead of concerns over their financial situation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: demo-mo.com, “
</span>
<a href="http://www.demo-mo.com/2014/12/03/25933/woman-charged-with-hurting-two.html?sp=/99/100/107/" target="_blank" style="display: initial;">
Woman charged with hurting two in drunken-driving crash
</a>
<span style="display: initial;">
“, Bethany Bashioum, Dec. 3, 2014
</span>
</p>
</div>Legal issues of inventing a breath test to detect drugs – Part I2014-12-02T17:17:10Z2014-12-02T17:17:10Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
News of a new breath test that could detect the presence of THC, the chemical found in marijuana that causes impairment, is spreading across national news outlets, causing law enforcement agencies and criminal defense advocates to consider what impact this could have on the nation, especially when it comes to criminal charges for
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
driving under the influence
</a>
<span style="display: initial;">
<span style="display: initial;">
of drugs.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As some of our Boone County readers know, there are existing tests, commonly used by TSA agents at airports, that detect the presence of drugs in real time. According to a chemistry professor at Washington State University, these tests could be altered and adapted for use in the field by law enforcement across the nation. Presently, the chemistry professor and a doctoral student at the university are working on a prototype device that could mean big changes to traffic stops and the law.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The breath test device currently in development would work in a similar fashion to certain models of Breathalyzers that use ion mobility spectrometry to determine the concentration of a particular substance in a person’s system. According to reports, the device will help law enforcement “quickly determine whether a driver is under the influence of marijuana,” allowing the officer to make an arrest without having to resort to more invasive techniques such as a blood draw, which is one method used in a DUID arrest.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
But such devices could pose a problem in many states, including our own Missouri, where gauging a driver’s impairment from drugs seems to rely more on an officer’s observation of the driver rather than the actual level of substance in the person’s system. In next week’s post, we will look at the legal issues a THC test could create for Missourian drivers and how best to handle criminal charges if they should find themselves facing them down the road.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Washington Times, “
</span>
<a href="http://www.washingtontimes.com/news/2014/nov/30/marijuana-breath-test-being-developed-at-washingto/?utm_source=RSS_Feed&utm_medium=RSS&google_editors_picks=true" target="_blank" style="display: initial;">
Marijuana breath test being developed at Washington State University
</a>
<span style="display: initial;">
,” Jessica Chasmar, Nov. 30, 2014
</span>
</p>
</div>Deadly car accidents caused by winter weather2014-11-22T17:17:12Z2014-11-22T17:17:12Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Winter arrived in Missouri last week with a deadly swipe, leaving eight people dead in car accidents, the majority of which were weather-related. As we return to cold weather and the threat of snow and icy roads means we all have to slow down and exercise additional care.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While Missouri typically does not have to worry about catastrophic snowstorms like those that have buried western New York, the greater variability means drivers here in Columbia have to be alert to rapidly changing conditions when driving.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
While the temperature may rise quickly after a heavy snowfall, the melt from the snow on shoulders of roads and highways can run across traffic lanes overnight and refreeze, and create very hazardous driving for the unwary motorist and cause
</span>
</span>
<a href="/Personal-Injury/Wrongful-Death" style="display: initial;">
fatal motor vehicle accidents
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Missouri is also subject to the constant potential of freezing rain, as precipitation falling in the lower levels of the atmosphere turns to rain and then freezes on colder road surfaces. It is always as good idea to be cautious when crossing bridges, as the bridges may freeze and leave dangerous slick spots.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One such car crash in south central Missouri left two people dead when a car slide across an icy bridge deck and struck a truck.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If there is heavy snow, clear all of your windows and your roof, as the snow can slide off or blow off and become a hazard for you or other drivers. Your insurance company would be less than pleased snow blowing off your vehicle caused another car to crash. And always keep your wiper fluid full, as dirty road spray can quickly reduce your visibility and lead to collisions.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Abc17news.com, “Eight killed in accidents across Missouri on Sunday,” November 17, 2014
</span>
</p>
</div>Equal time or a well-constructed parenting plan?2014-11-21T17:17:13Z2014-11-21T17:17:13Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Child custody is almost always a difficult topic in a Missouri family court. After all, what is the “best interests” of the child? Each parent may have an idea, but given the environment of a divorce, they may not coincide. And the judge has only the information provided by the parties to base his or her opinion.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While studies suggest that shared parenting can benefit a child in some cases, it is difficult to extrapolate that it will work well in all cases. There has been a movement to require that all child custody be presumptively 50/50, and North Dakota voters just rejected such a ballot initiative.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
For parents who desire a shared
</span>
</span>
<a href="/family-law/child-custody" style="display: initial;">
child custody
</a>
<span style="display: initial;">
<span style="display: initial;">
role post divorce, a good way to demonstrate the viability of such an agreement is to create a parenting plan. In Missouri, as many states, hard and fast custody rules have been changed to require parents to develop a
</span>
</span>
<a href="http://www.courts.mo.gov/sup/index.nsf/0/629aab74004234eb862566e2006b5181/%24FILE/plan.PDF" target="_blank" style="display: initial;">
parenting plan
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Missouri courts provide a 22-page form that outlines all of the important areas of such a plan, from the child’s weekly schedule to vacations, holidays, decision making and dispute resolution procedures.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And parents can add to the form, to specify additional items that may be relevant. The form can serve as a good exercise for the parents to think through how their world will change after a divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It can help set proper expectations, which may lessen the opportunities for conflict and improve the relationship of the parents by providing a neutral framework to view the other parent as a partner in raising their children, in spite of their no longer being married.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Washington Post, “
</span>
<a href="http://www.washingtonpost.com/posteverything/wp/2014/11/14/no-children-should-not-spend-equal-time-with-their-divorced-parents/" target="_blank" style="display: initial;">
No, children should not spend equal time with their divorced parents
</a>
<span style="display: initial;">
,” J. Herbie DiFonzo, November 14, 2014
</span>
</p>
</div>Campus sexual assault policies and their affect on the accused2014-11-20T17:17:14Z2014-11-20T17:17:14Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Properly addressing complaints of sexual assault on college campuses has become a hot-button topic over the last few years, with both sides weighing in heavily on what they think campus administrators should do about the issue.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On one side you have the advocates for the victims who believe that college campuses are failing to provide adequate services to students to prevent such crimes from occurring. Furthermore, they feel that the burden of proof is much too high at many colleges and universities, which creates barriers for those filing complaints.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
To quell concerns, a White House task force issued new guidelines to colleges regarding
</span>
</span>
<a href="/criminal-defense/sexual-offenses" style="display: initial;">
sexual assault
</a>
<span style="display: initial;">
<span style="display: initial;">
and how these cases should be handled. More than 85 colleges across the nation are now under investigation to determine if their policies regarding sexual assault meet these new guidelines.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But these guidelines, opponents point out, are causing campuses to panic and make rushed changes to policies in order to protect the rights of victims. While this is all well and good, opponents point out that this is having an adverse effect on those being accused — people who have just as much of a right to protection as victims do.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As has been illustrated in several lawsuits across the nation, lowering the burden of proof and over generalizing the term sexual assault has paved the way for false claims that can be incredibly damaging for the accused because it can mean suspension or even expulsion. Unlike criminal proceedings, accused college students are not afforded the same right to due process nor are they able to cross examine witnesses to prove their innocence.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In the end, they are treated like a criminal but are not afforded a criminal trial.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Even though protecting a victim’s rights is a good thing, it’s incredibly important for colleges to also protect the rights of the accused student as well. Creating guidelines with this balance will require an exceedingly large amount of finesse that, in the end, may not leave either party completely happy, but will at least ensure due process to avoid false accusations.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The New York Times, “
</span>
<a href="http://www.nytimes.com/2014/11/20/nyregion/new-factor-in-campus-sexual-assault-cases-counsel-for-the-accused.html?_r=0" target="_blank" style="display: initial;">
New Factor in Campus Sexual Assault Cases: Counsel for the Accused
</a>
<span style="display: initial;">
,” Ariel Kaminer, Nov. 19, 2014
</span>
</p>
</div>Sex CrimesDo you need a prenuptial agreement?2014-11-15T17:17:15Z2014-11-15T17:17:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
If you were Harold Hamm, you may believe that to have been a good idea. The CEO of an oil company that has grown substantially with the development of the Bakken Shale oil fields, has reached a property settlement with his former spouse, Sue Ann Hamm.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
While not a record for divorce
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
property division
</a>
<span style="display: initial;">
, the $995.4 million payout is one of the largest. One positive in the settlement is that he need to pay it in a lump sum. Instead, he must pay $322.7 before the end of the year and then $7 million a month, for about eight years.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
With a total net worth of $14 billion, this should prevent him from needing to liquidate any of his oil holdings, and provides some savings, as the present value of $7 million paid in the last year of the settlement would be lower than if due today.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A prenuptial agreement would have allowed him to avoid this entirely, as that agreement would control the property distribution. Of course, a prenuptial agreement must be done properly to be enforceable.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
One element that is important when drafting a prenuptial agreement is that both parties to the marriage should have their own attorney representing their interests. In the Hamm marriage, it should have been easy, as Sue Ann was an attorney for the company when she met her husband.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The agreement should also be equitable, as denying one party any share in property may be viewed with suspicion by a court and found invalid.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Even if you are not worth $14 billion, a prenuptial agreement can be useful in protecting assets like a cabin, vacation home or family heirlooms that could otherwise be split up or sold to satisfy a property settlement.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
USA Today, “
</span>
<a href="http://www.usatoday.com/story/money/business/2014/11/10/energy-tycoon-divorce-settlement/18812087/" target="_blank" style="display: initial;">
Ex-wife gets nearly $1B in divorce ruling
</a>
<span style="display: initial;">
,” Kevin McCoy, November 11, 2014
</span>
</p>
</div>Synthetic marijuana caused driver to fall asleep and crash2014-11-14T17:17:17Z2014-11-14T17:17:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A woman was arrested last week in Columbia after a car accident where she hit two other vehicles and injured a total of five people. Fortunately, the injuries were minor, but it could have been far worse, as two of the passengers were children, ages 2 and 5.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car crash
</a>
<span style="display: initial;">
<span style="display: initial;">
was a result of her falling asleep while driving, which was apparently due to her smoking synthetic marijuana. Police arrested her after she was treated and released from the hospital. The police indicated a “marijuana smoking device” was found in her vehicle after the accident.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
She was charged with second-degree assault, as Missouri law includes intoxicated driving as grounds for an assault charge.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While most people recognize the danger posed by driving while intoxicated by alcohol, and most suspect that drugs like marijuana could impair their control of a motor vehicle, some assume that drugs that are “synthetic” are somehow less harmful.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While most states impaired driving laws are tailored to encompass drunk driving caused by alcohol intoxication, they typically are broad enough that any impairment that diminishes your ability to control your vehicle could lead to criminal charges.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This outcome was lucky. The vehicle was seen traveling eastbound on Stadium Boulevard. While she hit two vehicles, she could have hit one or more pedestrians, or the accident could have caused one of the vehicles to rollover and result in an ejection of the driver or a passenger.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If a person has substance abuse problem, they need help that will prevent them from driving impaired and having another accident, with a deadly and tragic outcome.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Columbiatribune.com, “
</span>
<a href="http://www.columbiatribune.com/news/crime/woman-arrested-after-crash-that-injures-five/article_a2a9ce1d-2e40-56e7-b80c-841c9ccf8335.html" target="_blank" style="display: initial;">
Woman arrested after crash that injures five
</a>
<span style="display: initial;">
,” November 5, 2014
</span>
</p>
</div>Can police seize my property even if I'm not accused of a crime?2014-11-11T17:17:18Z2014-11-11T17:17:18Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Imagine for a moment that your spouse has taken the family vehicle to the local bar to have a few drinks with friends. Believing that they are good to drive, your spouse leaves the bar and proceeds to drive away. But mere blocks from the bar, your spouse is pulled over by police who witnessed your spouse leaving the bar and are now accusing him or her of
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
drunk driving
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As you already know, police can seize property after an arrest in an effort to gather evidence in the case. In accordance with Missouri law, property can include your vehicle too, especially if you have one or more prior convictions for an alcohol-related traffic offense. But what happens if you’re not accused of a crime or are even found innocent? Can police still seize your property?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Much to the chagrin of residents across the state, the answer to this question is yes provided the property was “used or intended for use in the course of, derived from, or realized through criminal activity,” which is stated in Section 513.607 of our state’s revised statutes. Called civil asset forfeiture, this practice is not something unique to Missouri but is something that is allowed across the nation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Even though it’s legal, it’s becoming increasingly controversial as more cases come forward involving law enforcement agencies that have abused this law to raise revenues for police budgets.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On top of this, there is concern that seizure of an innocent person’s property is a violation of a person’s Fourteenth Amendment rights as well. This concern has been raised in a number of cases that have been escalated to the U.S Supreme Court where, in a 1996 decision, the court explained:
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
“Cases often arise where the property of the owner is forfeited on account of the fraud, neglect, or misconduct of those intrusted with its possession, care, and custody, even when the owner is otherwise without fault . . . and it has always been held . . . that the acts of [the possessors] bind the interest of the owner . . . whether he be innocent or guilty.”
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Despite the Supreme Court’s position on the law, many people still consider the practice controversial and are requesting that state legislators take action to prohibit the misappropriation of the law against innocent people down the road.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Sources
</span>
<span style="display: initial;">
: NPR, “
</span>
<a href="http://www.npr.org/blogs/thetwo-way/2014/11/10/363102433/police-can-seize-and-sell-assets-even-when-the-owner-broke-no-law" target="_blank" style="display: initial;">
Police Can Seize And Sell Assets Even When The Owner Broke No Law
</a>
<span style="display: initial;">
,” Laura Sullivan, Nov. 10, 2014
</span>
</p>
<p>
scholar.google.com, “Bennis v. Michigan,” Accessed Nov. 11, 2014
</p>
</div>What is "substantial change" for a child support obligation?2014-11-08T17:17:19Z2014-11-08T17:17:19Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
According to the Missouri legislature, the necessary change in circumstance must be “so substantial and continuing as to make the terms unreasonable.” But, as they save on TV, wait, there’s more. In order to determine if the change is substantial and continuing, a court must look a several factors.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
First, the statute requires the consideration of the all the financial resources of the parents. This includes the reasonable expenses of another party, either a spouse or a cohabitant. The court also must consider the earning capacity of a party who is unemployed. This is to prevent someone from temporarily avoiding work in an effort to reduce his or her
</span>
</span>
<a href="/family-law/child-support" style="display: initial;">
child support
</a>
<span style="display: initial;">
<span style="display: initial;">
payment.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The court then consults the child support guidelines, the standard statutory factors used to determine child support and Supreme Court rules. If that calculation would require a 20 percent or more change in the existing child support payment, then a party can make the argument that their change in circumstance has rendered their current payment “unreasonable” and they are entitled to a modification in the amount.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This is not a simple argument to make. The court is going have to reexamine virtually all of the factors from the original support order, and if you are moving for the change, the court will expect that you and your attorney can provide clear evidence for all of the factors.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you have changed jobs, perhaps because you were laid off, and you can document the extensive and lengthy job search you undertook to find a new employment. Sending on a few resumes over a couple of weeks may not convince the court your effort was genuine.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If you feel you are eligible for a modification of your child support order, be prepared to bring documentation to your attorney and explain detail the factors that support your conclusion.
</span>
</p>
</div>November means deer collisions in Missouri2014-11-07T17:17:20Z2014-11-07T17:17:20Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
With a chill in the air and that word “snow” creeping into to weather forecasts means we all recognized that November is here and winter is not far behind. In addition to bringing colder weather, and Thanksgiving Turkeys, November in Missouri is known for something else.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<a href="/personal-injury/car-accidents" style="display: initial;">
Car-deer collisions
</a>
<span style="display: initial;">
<span style="display: initial;">
reach their peak in November. With more than 3,000 crashes every year, drivers throughout the state, drivers should stay alert for deer near all roadways.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A Missouri Department of Conservation official noted that this is because the deer population is on the move, searching for food in anticipation of the winter, and it is also mating season. It is estimated that there are more than 1,000,000 deer in the state, so there are many opportunities for a deer to meet your vehicle virtually anywhere.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Highway Patrol warns that the most dangerous times are early morning and early evening, near sunrise and sunset. This unfortunately coincides with the times most people are driving to and from work or school.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And to demonstrate that no one is immune from deer collisions, a fire truck from the Logan Rogersville Fire Protection District swerved to avoid striking a deer and the vehicle rolled as a result of the evasive action by the driver.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The driver was wearing his seatbelt and luckily survived the crash without injury. It illustrates the point that it is generally safer to strike the deer than to attempt to drive around it. Deer can be very erratic, and in this case, the driver turned to avoid the deer and in turned the same direction.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While the damage to your vehicle may be expensive, it is far less damaging than what could happen if you swerve into another vehicle in the oncoming lane, roll your vehicle or strike a large, immoveable object like a tree or utility pole.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Ozarksfirst.com, “Fire Truck Wreck Reminds Drivers to Look for Deer,” Laura Kennedy, November 1, 2014
</span>
</p>
</div>Jardines v. Florida: the case that reigned in drug-sniffing dogs2014-11-06T17:17:22Z2014-11-06T17:17:22Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Throughout the history of the United States there have been a number of court cases that have captured the nation’s attention because they raise important legal questions that are applicable in just about every state. Some of them you may be able to cite off the top of your head even though you may not have a legal background.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
One such case is that of
</span>
</span>
<a href="http://www.supremecourt.gov/opinions/12pdf/11-564_5426.pdf" target="_blank" style="display: initial;">
Jardines v. Florida
</a>
<span style="display: initial;">
, which was decided on in2013 by the U.S. Supreme Court. It raised two important questions that some of our Missouri readers have probably asked before: do police need a warrant before using a drug-sniffing dog at a person’s residence? And furthermore, could the use of a drug-sniffing dog to gather evidence constitute as an unreasonable search if a warrant is not obtained?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In past court cases that have gone before the U.S. Supreme Court, the use of drug-sniffing dogs without a warrant has been permitted because, as the court explained, these instances took place in public areas such as during routine traffic stop or at an airport. But Jardines v. Florida was different. The drug-sniffing dog was used at a person’s residence where “privacy expectations are most heightened.”
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As the Fourth Amendment states, it’s “the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.” By using the drug-sniffing dog, without a warrant, on the property of the accused, the officers in this case violated Jardines’ constitutional rights. It’s a court decision that will have lasting impact on future cases.
</span>
</p>
<p>
<br/>
</p>
<p>
<a href="/criminal-defense/drug-crimes" style="display: initial;">
Drug charges
</a>
<span style="display: initial;">
<span style="display: initial;">
are incredibly serious, whether you live here in Missouri or another state. But situations in which criminal charges are levied against someone are always made worse when a violation of that person’s constitutional rights has occurred. But if Supreme Court decisions such as this can be used in an accused person’s defense, then those criminal charges could be dropped or a reversal of a lower court decision could occur, which is a more favorable outcome for the accused.
</span>
</span>
</p>
</div>It was the best of times, it was the worst of times2014-11-01T17:40:29Z2014-11-01T17:40:29Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Okay, you probably will not consider your divorce as a “best of times.” But, you should remember, that as frightening and disorienting as it may be, it is something that happens all of the time.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And what is more, your divorce attorney has witnessed many, many couples and heard the complaints and the bizarre behavior and activities of other spouses. And they can probably tell stories of situations that may truly qualify as the worst of times.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
But they won’t be disoriented or flustered. That is why you are paying them. They understand what is going on and will explain it so you, too, can understand. Your former spouse may be difficult to work with, especially in the heat of the divorce proceedings, but with the help of your
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce
</a>
<span style="display: initial;">
<span style="display: initial;">
attorney, and your friends you can get through this.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Remember, there is a vast difference between a threat and a court order. And that with a divorce, especially with children, working together, even if you are not particularly fond of your child’s other parent, is necessary, because while a divorce will end your relationship as husband and wife, it does nothing to change the parental relationship.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Working to ensure that the child custody and child support elements of your divorce really are in the best interests of the children can be difficult. It demands that you set aside your emotional dislike or disinterest in your spouse and focus on what will give your children the best experience possible given the divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Tension and conflict are the most damaging elements of a failing relationship. They create terrible stress for the children, and with a divorce and a viable parenting plan in place, you can move forward to concentrate on your future and bring welcome stability to your relationship with your children.
</span>
</p>
</div>Why getting an expungement in Missouri is a good idea2014-10-30T17:40:31Z2014-10-30T17:40:31Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Although most people in Missouri are aware of the impact a conviction can have on someone, some may not realize that even after a sentence has been served, that conviction stays on a person’s criminal record for the rest of their life. This means that the negative stigmas associated with a criminal conviction stay with that person, impacting nearly every aspect of their life along the way.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
In July 2012, however, our state signed into law new terms under which a person could request an
</span>
</span>
<a href="/criminal-defense/expungement" style="display: initial;">
expungement
</a>
<span style="display: initial;">
<span style="display: initial;">
of their record. As you may know, an expungement is a process by which a person’s criminal record can be erased by the courts. This includes, under the new law, an individual’s arrest, plea deal, trial and a conviction.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A court-ordered expungement restores a person’s legal status to the state it was before he or she faced criminal charges. By wiping the slate clean, a person now has the opportunity to start their life a new, achieving the things they couldn’t because of what was on their criminal record.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Along with dissolving the public’s negative view of a person, an expungement also does a number of other things such as: reinstating a person’s right to carry a firearm, making employment easier to secure and maintain, and giving a person back their ability to vote — just to name a few.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It’s important for our Columbia readers to understand that getting an expungement requires a lot of work and follow through. It also requires legal knowledge that not everyone may have. Because just about everyone wants to get it right the first time, seeking help from a skilled attorney is highly encouraged and could mean the difference between getting an expungements or missing out on a chance to start over again.
</span>
</p>
</div>Missouri same-sex divorces remain limbo2014-10-28T17:40:33Z2014-10-28T17:40:33Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Divorce is a complex activity for any couple. The emotional troubles and unhappiness of what went wrong with the relationship are compounded by the complex laws and procedural requirements that govern the divorce, and that is overlaid by the particulars of each couple’s situation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
What are their finances like? Do they have sophisticated investments and own their own business or does one spouse have an irrational attachment to the family home? Do they understand the concept of the “best interests” of their child or children and are they willing to sacrifice their need to “win” every dispute with their spouse in order to see that their children thrive, feel secure and loved.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Now, on top of that mix, add being a same-sex couple in a Missouri, a state that does not recognize same-sex marriage. While a judge in Columbia did approve a divorce for a same-sex couple this year, that ruling was not precedential and for same-sex couples in other counties within Missouri, it would be, at best, persuasive precedent, meaning a judge could follow it, if they found it persuasive, but it is not binding, as a ruling from the Supreme Court would be.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
And because most states have residency requirements for
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce
</a>
<span style="display: initial;">
, unlike with a marriage, they would have to move to a state that permits same sex marriage and live there for the six months or one-year that many jurisdictions demand.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A case is pending in the Missouri Supreme Court that could create binding precedent for the lower courts of the state, and the U.S. Supreme Court also could rule on the issue, but that ruling is likely sometime in the future.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In the meantime, Missouri same-sex couples whose marriage has failed find themselves in a limbo that only adds to the complexity of their lives.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Fox4kc.com, “
</span>
<a href="http://fox4kc.com/2014/10/17/same-sex-couples-struggle-to-find-legal-divorce-options-in-states-where-marriage-isnt-recognized/" target="_blank" style="display: initial;">
Same-sex couples struggle to find legal divorce options in states where marriage isn’t recognized
</a>
<span style="display: initial;">
,” Linda Wagar, October 17, 2014
</span>
</p>
</div>Missouri acts to ban certain highway guardrail installations, pt.22014-10-28T17:40:32Z2014-10-28T17:40:32Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
This case comes against a backdrop of what will be a record year for automotive recalls, and questions of the quality of supervision provided by National Highway Traffic Safety Administration over the auto manufacturers.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The guardrail case has raised questions of whether it was redesigned and properly tested, and why the Federal Highway Administration was unaware of the change.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
There are also questions of a private meeting between an FHA engineer and the manufacturer, which seems to have ended any examination of the guardrail. Whatever occurred, there was no official reason for the apparent decision to not require new tests on the redesigned guardrail
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The FHA had drafted a letter two years ago that would have required the company to perform additional tests on the redesigned guardrail and head, but for reasons that remain unclear, the agency never sent that letter.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
State transportation departments have begun to act on their own, and two weeks ago, the FHA requested those departments forward information concerning crashes involving these guardrails to the agency to review.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Last week, the FHA also finally ordered retesting of the guardrail heads and demanded that they be present during the tests. If the company fails to comply, the FHA could revoke federal funding for installation of any more of the guardrails.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
There seems to be disturbing trend, where oversight has become hindsight, and action only occurs after enough people have been killed or severely injured.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
The New York Times, “
</span>
<a href="http://www.nytimes.com/2014/10/23/business/as-safety-concerns-grow-more-states-ban-use-of-a-guardrail-unit.html?_r=0" target="_blank" style="display: initial;">
As Safety Concerns Grow, More States Ban Use of a Guardrail Unit
</a>
<span style="display: initial;">
,” Aaron M. Kessler and Danielle Ivory, October 22, 2014
</span>
</p>
</div>Missouri acts to ban certain highway guardrail installations2014-10-24T17:40:34Z2014-10-24T17:40:34Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Missouri has banned the new installations of certain guardrail heads in the state because of a defect they claim makes the guardrail act like a “spear” that can lead to serious injuries of vehicle occupants in the event of their crashing into the guardrail. This week, two additional states joined the ban, with seven states now prohibiting their use.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Guardrails are one of the more mundane elements of highway construction and many people will drive a lifetime any never, literally, run into a guardrail. You probably pay little attention to them, but the serve an important protective role, that of keeping your vehicle from colliding with object near infinite mass, like a bridge supports or other large structures along the road.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The rail head on these guardrails is supposed to absorb some of the energy in a crash, has malfunctioned and 5 deaths and 14 accidents have been attributed to this malfunction.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Federal authorities have been slow to react, with one agency stating the guardrails “meet crash-test criteria” and the other claiming there is insufficient evidence to begin an investigation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Of course, merely meeting crash-test criteria does not guarantee they are safe in the field on actual highways.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
What is most troubling about this issue may be that it was discovered as part of a patent infringement lawsuit, not by safety regulators.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Also this week, a whistle-blower case resulted in a $175 million verdict against the company for failing to report the changes to federal regulators. The damages will be tripled by statute and will total $525. The New York Times suggest the total with other fees added could top $1 billion.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The New York Times, “
</span>
<a href="http://www.nytimes.com/2014/10/23/business/as-safety-concerns-grow-more-states-ban-use-of-a-guardrail-unit.html?_r=0" target="_blank" style="display: initial;">
As Safety Concerns Grow, More States Ban Use of a Guardrail Unit
</a>
<span style="display: initial;">
,” Aaron M. Kessler and Danielle Ivory, October 22, 2014
</span>
</p>
</div>What is tax fraud and how does the IRS define it?2014-10-21T17:40:36Z2014-10-21T17:40:36Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
If you’re like a lot of people here in Missouri, then much of you legal knowledge has probably come from discussions you have had with other people or from television shows you watch. But even though some of this legal knowledge may be sound, the same cannot be said for everything you have heard, which can create misunderstandings on occasion when facing criminal charges.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Take for example your understanding of the term tax fraud. Do you know what this crime entails or how the Internal Revenue Service defines it? If you’re like most people then you probably have a general understanding of the term but cannot pinpoint the specifics of what makes it a crime. That’s why, in this week’s post, we will explain some things about tax fraud that we think will help our readers understand the law better.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
According to the
</span>
</span>
<a href="http://www.irs.gov/irm/part25/irm_25-001-001.html" target="_blank" style="display: initial;">
IRS
</a>
<span style="display: initial;">
<span style="display: initial;">
, a person can be accused of committing
</span>
</span>
<a href="/criminal-defense/fraud" style="display: initial;">
tax fraud
</a>
<span style="display: initial;">
<span style="display: initial;">
if they are believed to have intentionally misrepresented facts regarding their taxes to evade tax law or defraud the IRS in any way. An allegation of tax fraud is incredibly serious and can lead to civil and/or criminal litigation.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Although the Government may pursue civil litigation, which can seek missing tax amounts or assess a civil penalty, criminal litigation allows prosecutors to press criminal charges that can result in fines and even prison sentences. Although the burden of proof is on prosecutors to prove the validity of an accusation, an accused person should still consider getting the help of a knowledgeable attorney to make sure that their rights are protected during the judicial process.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Because of the complexity of the tax code, mistakes can be made. But it’s worth pointing out that these mistakes generally do not lead to criminal charges as they were committed out of negligence rather than intentional wrongdoing.
</span>
</p>
</div>White Collar CrimesWas the road negligent?2014-10-17T17:40:37Z2014-10-17T17:40:37Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Car accidents often occur for many of the typical reasons. Drunken driving remains a significant cause for thousands of car and truck crashes. Other types of negligence are frequently manifested by speeding, weaving in and out of lanes and similar reckless behavior.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And there is the whole distracted driving issue, which today typically refers to driving while texting or using a cellphone, but in a broader sense includes any activity that takes a driver’s attention of the road and traffic in front of their vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In addition to electronic device distraction, there is everything from reading a report for your first meeting on your way in to work, putting on make-up, shaving, eating breakfast and turning around to separate squabbling siblings.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
All of these and many more activities can cause that second or two of distraction that can lead to a
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
crash
</a>
<span style="display: initial;">
<span style="display: initial;">
or collision.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But there are additional factors that can lead to deadly accidents. Sometimes, the road itself may be a contributory factor in a crash. Last month, a head-on collision in Lincoln County left three dead, including a father and his 1-year-old son.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Residents are placing part of the blame in the curvy rural road, which is narrow with no shoulders. The crash occurred at sunset and the sun may have been blinding to the driver of the vehicle that crossed the centerline and crashed into the family’s van.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Roads that may have been adequate when they were built decades ago, and saw more tractors than cars, but today they are ill-suited for the 55-mile-per-hour traffic rushing from housing developments that have sprung out of former corn fields.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A MoDot spokesperson noted they know the road needs improvements, but they lack the money to fix it. While the road itself cannot be negligent, the failure to make improvements to a known dangerous, highway begins to look like negligence when people die.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Fox2now.com, “
</span>
<a href="http://fox2now.com/2014/09/22/survivor-of-deadly-accident-calls-for-road-improvements-on-hwy-47/" target="_blank" style="display: initial;">
Survivor of deadly crash wants road fixed
</a>
<span style="display: initial;">
,” Paul Schankman, September 22, 2014
</span>
</p>
</div>'Gone Girl' highlights false rape claims and the harm they cause2014-10-16T17:40:38Z2014-10-16T17:40:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
It’s because of false accusations that discussing rape has always been a sensitive subject in our society. As a society, we don’t want to assume that all accusations of rape or false; but on the other hand, we know that false accusations can and do happen in this country and even in our state.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
This was a point that was briefly highlighted in the movie “Gone Girl,” an adaptation of Gillian Flynn’s novel with the same title. For those who have not seen the movie, there is a scene in which Ben Affleck’s character meets up with his missing wife’s ex-boyfriend to ask him about a
</span>
</span>
<a href="/criminal-defense/sexual-offenses" style="display: initial;">
rape allegation
</a>
<span style="display: initial;">
<span style="display: initial;">
she made against the ex in the past.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As far as Affleck’s character knows, his wife was attacked. But after hearing the ex’s side of the story, it becomes apparent that this was not the case at all and that the sexual encounter was consensual.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As an audience member, we immediately know that the ex-boyfriend’s version of events is the truth because we have seen the wife’s manipulation and deceit. Unlike the movies though, police in real life must give victims the benefit of the doubt when hearing their claims, making decisions about truthfulness based on evidence in the case.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Jumping to conclusions without first considering each person’s account of the incident and the evidence in the case can lead to far-reaching problems, including wrongful convictions and damage to an accused person’s reputation. In “Gone Girl,” as well as in a number of states across the nation, rape charges can lead to sex offender registration and restrictions on where a person can live and what jobs they can have.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Even though screenwriters and directors oftentimes exaggerate the outcomes of certain crimes to add excitement to a movie, the damage to the ex-boyfriend’s reputation in “Gone Girl” was not far from what could happen in real life. A person’s life can be changed forever by a sexual offense charge, which is why it’s important for law enforcement across the nation to handle these cases carefully and not to rush to conclusions too quickly.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Washington Post, “
</span>
<a href="http://www.washingtonpost.com/news/act-four/wp/2014/10/06/gone-girl-breaks-through-our-deadlocked-discussion-of-false-rape-allegations/" target="_blank" style="display: initial;">
‘Gone Girl’ breaks through our deadlocked discussion of false rape allegations
</a>
<span style="display: initial;">
,” Alyssa Rosenberg, Oct. 6, 2014
</span>
</p>
</div>Can I get alimony in a Missouri divorce?2014-10-15T17:40:39Z2014-10-15T17:40:39Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The answer is that most lawyerly of answers: it depends. Alimony, or as it is called in the Missouri statutes, maintenance, is available, but it is dependent on the analysis of numerous factors by the family court judge.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Also variable is whether it will be modifiable and when it will terminate. The judge will examine two factors to first, which relates to lack of property or assets to provide for his or her needs and cannot support him or herself with employment or needs to care for a child.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
If these factors result in the determination to order maintenance in the
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce
</a>
<span style="display: initial;">
, then the judge needs to evaluate additional factors, which includes 10 specified factors, to determine the amount and the duration of the payments.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
These factors cover such things as the time needed by a spouse to obtain the education or training necessary to get a job, the spouses earning capacity, the standard of living during the marriage, how the marital assets were divided, including debts, how long they were married, their age and health, how maintenance payments will affect their ability to meet their needs, their conduct during the marriage, and a catch-all, and other relevant factors.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The easy cases are at the extremes. A couple who has only been married two or three years, have no children and who are both employed and earn similar incomes are unlikely to receive any maintenance award.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
At the other extreme, a couple married for 40 years, where the husband had a job with significant income while the wife stayed home, never worked and raised the children, is likely to see maintenance awarded to the wife.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In the middle, you will need your divorce attorney to go through each factor and explain with as much evidence as possible why it support your claim for maintenance. The order may be modifiable or nonmodifiable and can be set to terminate on a specific date or event. And in most cases, remarriage by either party will terminate the maintenance.
</span>
</p>
</div>What does Equitable Distribution mean in Missouri?2014-10-10T17:40:41Z2014-10-10T17:40:41Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In Missouri, when a couple obtains a divorce, their property needs to be divided as part of the dissolution of their marriage. Missouri uses the concept of equitable distribution to guide judges when dividing the marital property of a couple.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Equitable distribution means that a court divides the property in a manner that is fair. This is important, because “fair” is not a synonym for “equal.” This can cause some concern for parties to a divorce, who may fear that either they will lose much of their assets or that they will be left with too small a portion of the assets.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
To help a court arrive at a
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
that is equitable, the legislature has created some additional factors that a court should examine when working thorough its calculation.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
These five factors include such things as, “The contribution of each spouse to the acquisition of the marital property,” which specifically allows a judge to recognize the value of a “homemaker.”
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Some are very broad, such as “The conduct of the parties during the marriage,” or somewhat narrower, as with “Custodial arrangements for minor children.” Because of this, you want your divorce attorney to make the most compelling arguments for each of these factors.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The judge will be looking for specific, concrete evidence to support each factor. The more effectively you can support your arguments, the more likely you will receive an equitable distribution that truly provides you with a strong foundation for your financial future after your divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Moga.mo.gov, “Disposition of property and debts, factors to be considered,” Missouri Revised Statutes, accessed October 9, 2014
</span>
</p>
</div>How does a Breathalyzer determine intoxication?2014-10-08T17:40:42Z2014-10-08T17:40:42Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When it comes to drinking and driving, there are two things that most people know: 1.) this form of reckless behavior is illegal in all states and 2.) in order to avoid a DUI charge, your blood-alcohol level must be less than .08 if you are over the age of 21.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
As you may already know, police can determine your
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
blood-alcohol level
</a>
<span style="display: initial;">
<span style="display: initial;">
using one of two methods: a breath test or through chemical testing. While chemical testing is relatively easy to figure out how it works, Breathalyzers are more of a mystery to many people. In this week’s post, we will look at how these devices work to help answer the question: how does a Breathalyzer determine intoxication?
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Have you ever smelled someone’s breath after they have been drinking? Did it smell like alcohol? That’s because alcohol is absorbed into the bloodstream then, when the blood passes through the lungs, it evaporates and is exhaled on a person’s breath. This concentration of alcohol vapor is directly related to the alcohol in your blood, meaning if police have a way of measuring it, they can get an idea of how intoxicated you are.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There are three types of breath tests and they are:
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Breathalyzer
</span>
<span style="display: initial;">
. This test uses a chemical reaction to determine a person’s BAC. A sample of a person’s breath is sent into a vial filled with specific chemicals. Any alcohol in a person’s breath will react with the chemicals causing a color change. The more alcohol is present, the more pronounced the color change will be.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Intoxilyzer
</span>
<span style="display: initial;">
. This test uses infrared spectroscopy to determine blood-alcohol content. This is done by focusing infrared light at a breath sample. The device measures how the IR light is being absorbed by the molecules in the air and the amount of absorption. These measurements tell an officer not only if a person has been drinking but how much has been absorbed into the person’s bloodstream as well.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
<span style="display: initial; font-weight: bold;">
Alcosensor
</span>
</span>
<span style="display: initial;">
III or IV. This test uses fuel-cell technology in breath tests. When a person exhales into the device, alcohol molecules oxidize, producing protons, electrons and acetic acid. The electrons and protons create an electrical current. The greater the current, the more alcohol is present.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: How Stuff Works, “
</span>
<a href="http://electronics.howstuffworks.com/gadgets/automotive/breathalyzer.htm" target="_blank" style="display: initial;">
How Breathalyzers Work
</a>
<span style="display: initial;">
,” Craig Freudenrich, Ph.D., Accessed Oct. 8, 2014
</span>
</p>
</div>Truck failed to brake or turn for 800 feet during deadly crash2014-10-07T17:40:43Z2014-10-07T17:40:43Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Truck accidents can happen for a variety of reasons. The driver may be intoxicated or on drugs. For accidents involving a long-haul truck driver, who often are traveling coast-to-coast, there is always a concern for fatigue, as truckers attempt to meet very tight delivery deadlines while dealing with bad weather, road construction and other traffic delays.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Their trucks may have suffered form poor maintained. The trucking company, in an effort to compete, could try to cut corners and save money by skipping the required maintenance inspections and repair schedules. This could send a truck out on the road with defectively maintained brakes, tires or steering systems.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And the driver could be violating federal regulations and using a phone for texting or a computer in the cab of their truck to help pass the time during long drives. Such behavior is banned because of the risk of an accident caused by a distracted truck driver.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
It is unclear in the aftermath of a
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
truck accident
</a>
<span style="display: initial;">
<span style="display: initial;">
in Oklahoma what exactly went wrong to cause a truck to crash into a bus carrying a college softball team that left four young women from a dead.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The truck was northbound on Interstate 35, when the road began a gentle curve. The truck, however, never turned, and instead it continued driving straight, crossing the median and entering the southbound lane, where it struck the bus carrying the woman’s softball team.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It took the side off the bus, killing the four young women and injuring a dozen, two of whom remained in the hospital at the time of the news report. The truck continued for another 300 feet after hitting the bus before it came to a stop.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A statement from a member of the National Transportation Safety Board (NTSB) stated that the brakes of the truck appeared to be functioning. The driver claimed something in the cab distracted him, but highway patrol investigators disagree with is claim.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
From the path of the truck, it looks as if the driver was asleep, but investigators are examining the vehicle’s electronic recorder to determine whether the brakes were applied.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The trucking company had fewer than average safety violations, but sadly, as this deadly truck crash demonstrates, the margin for error is always slim.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
CBSnews.com, “
</span>
<a href="http://www.cbsnews.com/news/no-sign-truck-driver-in-deadly-oklahoma-crash-into-bus-tried-to-brake-ntsb/" target="_blank" style="display: initial;">
No sign truck driver in deadly Oklahoma crash into bus tried to brake: NTSB
</a>
<span style="display: initial;">
,” Associated Press, September 29, 2014
</span>
</p>
</div>Child support guidelines under review2014-10-04T17:40:44Z2014-10-04T17:40:44Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There has been a great deal of discussion regarding the issue of child support payment and custody arrangements in many states, including Missouri. There are many “father’s rights” organizations working nationwide to make changes to how states allocate custody and child support obligations.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
This can be a very sensitive topic. While
</span>
</span>
<a href="/family-law/child-support" style="display: initial;">
child support
</a>
<span style="display: initial;">
<span style="display: initial;">
payments are ostensibly, as their name implies, for the support of the child or children after the divorce, they are seen by many as funding the mother at the expense of the father. Part of the problem comes from the use of anecdotal evidence, which tends to favor extreme cases.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The other issue is that men still tend out earn women. And the other stark reality that the courts must deal with is that 40 percent of single-parent families live in poverty.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Nebraska has created a panel to look at the issue, as critics have noted that at one time the state ranked very high across all income levels for child support. The state’s guidelines are similar to 38 other states, including Missouri, and one expert suggested that by adjusting for some expenses they could avoid having to find a new model.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One recommendation was that the payment formula could be made more flexible and responsive to changes in father’s employment and income. The current system can “punish” a father who loses a job and has difficulty finding new work. In a few months, they can feel they are hopelessly behind on their payments, with no way out.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Since the Great Recession, jobs have been more difficult obtain, and the old assumptions that a father obligated to pay child support can easily find a new job almost immediately may have to be adjusted to deal with the new economic realities.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Nonetheless, if you are obligated to pay child support and have lost your income, speaking with an attorney about your options as soon as possible is the best way to avoid falling behind on child support payments.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Omaha.com, “
</span>
<a href="http://www.omaha.com/news/metro/panel-weighs-changes-to-nebraska-s-child-support-guidelines/article_9a76c762-e35b-55b5-b151-121d236a8db7.html" target="_blank" style="display: initial;">
Panel weighs changes to Nebraska’s child support guidelines
</a>
<span style="display: initial;">
,” Joe Duggan, World-Herald, September 28, 2014
</span>
</p>
</div>Missouri man pleads guilty to embezzlement, sentenced 70 months2014-10-03T17:40:47Z2014-10-03T17:40:47Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When you are given access to a company’s funds by someone of authority at that company, there is a trust that you will use those funds for the betterment of the company. If you misappropriate those funds and use them for personal use though, you not only break this trust but you will be doing something that is considered illegal in every state, including here in Missouri.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
This misappropriation of funds is called
</span>
</span>
<a href="/criminal-defense/embezzlement" style="display: initial;">
embezzlement
</a>
<span style="display: initial;">
<span style="display: initial;">
and it’s a crime that carries with it a steep price: your freedom. Our Boone County readers can perhaps best see this exemplified after looking at the case of a 61-year-old Neosho man who pleaded guilty in February to several theft charges for embezzling more than $4.9 million from his employer.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Some of you may have already heard about the case, but for those who haven’t, the 61-year-old was accused of taking money from his employer, Frontier Leasing Inc., from June 2008 to December 2013. In the case against the man, prosecutors explained that this misappropriation of funds put financial strain on the company, resulting in pay cuts to keep the business running.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Although the 61-year-old pleaded guilty back in February, it wasn’t until quite recently that he was sentenced to five years and 10 months. According to reports, he will spend his sentence in a federal prison but will not be given a chance for parole. In addition to the sentence, the man must hand over the $4.9 million he is said to have embezzled as well as any property he purchased using his employer’s money.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KFVS News, “Missouri man sentenced for embezzling $4.9 million,” The Associated Press, Sept. 19, 2014
</span>
</p>
</div>White Collar CrimesHas NHTSA become the auto manufacturer's lapdog?2014-10-03T17:40:46Z2014-10-03T17:40:46Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
We often believe because an entity exists, a problem is solved. Because there is a National Highway Traffic Safety Administration (NHTSA), many presume that someone is watching out for us, the consumer and driver of motor vehicles. We trust that when a vehicle is sold with a five-star crash rating from NHTSA, that it is safer than a vehicle with a three-star or no star rating.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This year, the car manufacturers are on a pace to recall 48 million vehicles. This breaks the record of 30 million from 2004. And at the same time, a record number of vehicle will receive a five-star crash rating.
</span>
</p>
<p style="line-height: 1;">
<br/>
</p>
<p style="line-height: 1;">
<span style="display: initial;">
How?
</span>
</p>
<p style="line-height: 1;">
<br/>
</p>
<p style="line-height: 1;">
<span style="display: initial;">
Well, of course, as the General Motors recall of defective ignition switches demonstrated, sometimes recalls will include cars that are many years’ old and not just current models. But it also raises questions of how effective NHTSA has been at investigating defective cars.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Why did it take almost a decade for GM to recall vehicles with the ignition switch in spite of a growing number of car accidents with fatalities tied to those vehicles? Why was NHTSA still claiming that there was not sufficient evidence of a problem to even begin an investigation a month prior to the recall? In a situation like this, should not NHTSA use an investigation to uncover evidence?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
What is most egregious is that consumers, with no special expertise, warned of the dangers with the ignition switch years earlier and some derived their information from the public database of consumer complaints.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Why did NHTSA, which has many highly trained automotive engineers and other experts, fail to discover this? Surely, they have sophisticated information and databases that would allow them to pick out safety defects long before the public suspects there is a problem?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
And if not, why not? Is that not the function an agency like NHTSA should be performing? Instead, it appears that in addition to having little regulatory bite, as shown by the fact that the agency has not ordered a vehicle recall in 34 years, they now spend half of their budget creating their star rating reports, which the auto manufacturers use as marketing material.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
An agency like NHTSA supposed to be a watchdog over the carmakers, not their lapdog.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The New York Times, “
</span>
<a href="http://www.nytimes.com/2014/09/15/business/regulator-slow-to-respond-to-deadly-vehicle-defects.html?_r=0" target="_blank" style="display: initial;">
Regulator Slow to Respond to Deadly Vehicle Defects
</a>
<span style="display: initial;">
,” Hilary Stout, Danielle Ivory and Rebecca R. Ruiz, September 14, 2014
</span>
</p>
</div>International child abduction carries a steep price2014-09-27T17:40:48Z2014-09-27T17:40:48Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Divorces vary so much, it is difficult to generalize. Some are reasonable, with the parties working to do the best they can for their children. The couple may have grown up and aged out of love and out of their marriage. But there is no real animosity, and they are willing to cooperate in raising their children.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But there is the other side of the coin. Their matrimony has turned into acrimony, and every interaction is full of tension and conflict. Not only are such situations bad for the parents, with all of the additional stress, and it is typically this element of the divorce process that can harm children.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
It is not the actual separation, but the tension, conflict and stress that accompanies a marriage and divorce where the relationship between the parents has deteriorated to constant, bitter fighting that makes divorce problematic.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
This may prompt one of the parents to breech their
</span>
</span>
<a href="/family-law/child-custody" style="display: initial;">
child custody
</a>
<span style="display: initial;">
<span style="display: initial;">
agreement and flee with their child or children to get away. In some cases, the parent may attempt to leave more than the state where their child lives, but the country.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
While there may be emotional underpinnings for such a move, it can be dangerous for the parent and the child. For one, it is a crime. And because it involves crossing the border and leaving the U.S., it becomes a
</span>
</span>
<a href="http://www.justice.gov/criminal/ceos/citizensguide/citizensguide_parentalkidnapping.html" target="_blank" style="display: initial;">
federal crime
</a>
<span style="display: initial;">
<span style="display: initial;">
of international child abduction.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Before you get to this point, you need to speak with an attorney, and discuss your options. If there is threat to the safety of the children, modifications of the child custody order and orders for protection may be possible.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A woman, who fled to India with her child, returned this month to work things out. Unfortunately, she will now have to work with the U.S. Attorney’s Office and may face time in a federal prison for abducting her child, which is a high price to pay in a child custody matter.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Dallasnews.com, “Mother’s arrest at D/FW Airport shows difficulties of international custody disputes,” Julieta Chiquillo, September 15, 2014
</span>
</p>
</div>Missouri Supreme Court finds punitive damage cap unconstitutional2014-09-26T17:40:49Z2014-09-26T17:40:49Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
In a court of law, there are generally two types of damages available, compensatory and punitive. Compensatory, as the name suggests, are designed to provide compensation for your injuries or other damages. These damages include such items as your medical expenses from a
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accident
</a>
<span style="display: initial;">
, the cost of repairs to your vehicle and lost time from work if you were severely injured and spent months or years recovering.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
They other type of damages, punitive, serve a different purpose. They are designed to punish wrongful conduct and deter similar future conduct. Because they are punishment, they typically are a multiple of the compensatory damages. Courts have allowed various amounts, but some large damage awards capture headlines.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The legislatures of many states have been convinced by some organizations to cap punitive damage amounts. In Missouri, the legislature set a cap of $500,000. This can undercut the purpose of a punitive damage award, as some corporate entities, $500,000 is a tiny fraction of their yearly earnings, and such an award do little to deter wrongful behavior.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But this month, the Missouri Supreme Court found that if the cause of action existed at the time of Missouri’s 1820 Constitution, the determination of punitive damages could not be limited, because such limits infringed on the jury’s exclusive, constitutional role of determining damage amounts.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The specific case involved fraud, where a woman was promised a $49 car payment, but in less than a year’s time, the payment increased to $387 per month. The jury awarded $1 million in punitive damages for the common law fraud action and the Supreme Court affirmed that amount, ruling that the legislature’s cap was unconstitutional.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Kansascity.com, “
</span>
<a href="http://www.kansascity.com/news/government-politics/article2044886.html" target="_blank" style="display: initial;">
Missouri high court rules against caps for some punitive damages
</a>
<span style="display: initial;">
,” Mark Morris, September 11, 2014
</span>
</p>
</div>Springfield man asserts right to own guns despite past felonies2014-09-25T17:40:50Z2014-09-25T17:40:50Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In August, voters in Missouri passed Amendment 5, which prohibited violent felons from owning a fire arm. Considered by most to be a step toward reducing repeat violent offenses among felons, the thought may never have crossed anyone’s mind that the language of the law could be interpreted differently than how legislators intended it.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
But as a recent case demonstrates, the current wording of the law creates a loophole that a 63-year-old felon would like the state to acknowledge. Some of our Columbia readers may have already heard about the man’s motion to dismiss the
</span>
</span>
<a href="/criminal-defense/weapons-offense" style="display: initial;">
weapons charges
</a>
<span style="display: initial;">
<span style="display: initial;">
currently against him — charges he believes should not have been levied against him.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As is pointed out in his motion, the current language of Amendment 5 only prohibits violent felons, not non-violent felons, from owning firearms. According to records, the felonies on his record are for drunk driving and for driving on a revoked license. As many would agree, these are not considered violent offenses and therefore do not fall under the restrictions of the current law.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It’s unknown how prosecutors feel about the man’s interpretation of the law as they have not filed a response to his motion at this time.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It’s worth pointing out to our Missouri readers that if the courts agree with his interpretation of the law then the five counts of unlawful possession of a firearm may be dropped. This might be a welcome relief to the man who wants what most of our readers want: the correct application of the law and for the criminal justice system to uphold its duty to prohibit the violation of a person’s rights during the course of a criminal case.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Springfield News-Ledger, “
</span>
<a href="http://www.news-leader.com/story/news/local/ozarks/2014/09/19/felon-facing-gun-charge-cites-new-gun-law-defense/15923663/" target="_blank" style="display: initial;">
Felon facing gun charge cites new gun law in defense
</a>
<span style="display: initial;">
,” Stephen Herzog, Sept. 22, 2014
</span>
</p>
</div>Can broken furniture break a prenuptial agreement?2014-09-20T17:40:52Z2014-09-20T17:40:52Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
For couples with substantial assets, a prenuptial agreement is often part of the discussion before they marry. A prenuptial agreement typically describes the distribution of marital property for the couple should they divorce. Prenuptial agreements present something of a quandary for individuals who are paradoxically promising their love to each other “’til death do us part,” and at the same time, allocating portions of their assets in a future divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Prenuptial agreements were once looked upon warily by court in Missouri and elsewhere, but most jurisdictions now permit their use. For couples with disproportionate assets, they could help reduce potential for conflict, as they allow both parties to the marriage to know in advance what the division of property will look like and help set expectations.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
But they are not foolproof, and they must meet certain standards for most court to find them valid. A dispute involving a
</span>
</span>
<a href="http://blogs.wsj.com/moneybeat/2014/09/03/citadel-founder-ken-griffins-divorce-could-cost-billions/" target="_blank" style="display: initial;">
hedge fund manager
</a>
<span style="display: initial;">
<span style="display: initial;">
and his wife will test the validity of their prenuptial agreement and could substantially change the distribution of marital assets in their divorce.
</span>
</span>
</p>
<p>
<span style="display: initial;">
Their prenuptial agreement limits her distribution to 1 percent of his billions. She has alleged the agreement is invalid because she was forced to sign the agreement the day before their wedding.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
She claims he become violent and “destroyed” furniture during an argument three days before their wedding. The next day, a psychologist he choose, convinced her to “give in” and sign the agreement.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If she can prove these facts, she may be able to invalidate the prenuptial. Because of the potential for abuse, courts generally prefer to see a prenuptial agreement that was prepared well before the wedding, with full disclosure of the financial condition of each party.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
In addition, the agreement is likely to be stronger if it both parties are represented by their own attorney during the discussions.
</span>
</p>
</div>The innocent picture that could lead to criminal charges2014-09-18T17:40:54Z2014-09-18T17:40:54Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Everyone has one. That embarrassing picture of your child running around the house completely naked or a picture of them in the bath tub after a day of playing in the mud. Decades ago these types of snapshots were considered innocent and accepted by society. But as society’s views on indecent photography grew stricter, taking photos like this was no longer seen as cute but as shameful.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Our Missouri readers can see this by looking at several cases from across the nation. In each of the cases, parents thought they were doing something innocent — simply taking photographs of their children. But when investigators stepped in two of the cases, these parents quickly learned that what they thought was innocent now comes with legal consequences.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Some here in Boone may remember hearing about the 2009 case of the Arizona couple who was accused of
</span>
</span>
<a href="/criminal-defense/sexual-offenses" style="display: initial;">
child pornography
</a>
<span style="display: initial;">
<span style="display: initial;">
after a Walmart employee turned over some family photos to police. The pictures were of the couple’s children at bath time — innocuous snapshots that resulted in serious litigation. After psychological evaluations of the parents and medical examinations of the children, a judge later deemed the photos harmless and the charges were dropped.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A similar nightmare happened in Minnesota in 2012 when a college football coach was arrested and charged with child pornography after university staff discovered images of his children playing in the bath tub on a work-issued cellphone. Like in the case above, he thought they were innocent pictures. But that’s not how police saw it and it wasn’t until after an investigation that the charges were later dismissed.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Just recently in August, similar child pornography accusations were levied against a photographer who took pictures of his daughter while on vacation last year. Unfortunately, some of his photos sparked national scorn when the images were deemed too provocative and even pornographic. Although his case does not appear to have led to a criminal investigation, damage has already been done via statements made by the public who have already labeled him as a pervert and potentially a sex offender as well.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
What these cases should highlight for our readers is the fact that taking pictures of your children in the bath tub or running around the house naked is no longer considered innocent in the public eye. And in some cases, these images can even lead to criminal charges as well.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p style="line-height: 1;">
<span style="font-weight: bold; display: initial;">
Sources
</span>
<span style="display: initial;">
: ABC News, “
</span>
<a href="http://abcnews.go.com/GMA/Weekend/parents-sue-wal-mart-children-bath-time-photos/story?id=8622696" target="_blank" style="display: initial;">
Couple Sues Walmart for Calling Cops Over Bath Time Photos
</a>
<span style="display: initial;">
,” Dan Przygoda, Sept. 20, 2009
</span>
</p>
<p style="line-height: 1;">
<span style="display: initial;">
<br/>
</span>
</p>
<p style="line-height: 1;">
<span style="display: initial;">
ESPN, “Todd Hoffner back at Mankato,” The Associated Press, April 15, 2014
</span>
</p>
<p style="line-height: 1;">
<span style="display: initial;">
<br/>
</span>
</p>
<p style="line-height: 1;">
<span style="display: initial;">
Peta Pixel, “Photographer Accused of Posting ‘Pornographic’ Photos of His 2-Year-Old, Here’s How He Responded,” Gannon Burgett, Aug. 22, 2014
</span>
</p>
</div>Missouri drivers have slightly less to fear from deer this year2014-09-18T17:40:53Z2014-09-18T17:40:53Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
As September drifts into October, drivers in Missouri need to be watching the side of the road for something more than the colors of the trees and shrubs. Drivers need to stay alert for the presence of deer.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
But for the next 12 months, an
</span>
</span>
<a href="http://www.news-leader.com/story/sports/outdoors/2014/09/17/state-farm-fewer-missouri-deer-reduces-crash-rates/15792041/" target="_blank" style="display: initial;">
insurance company
</a>
<span style="display: initial;">
<span style="display: initial;">
calculates that the odds of a driver in Missouri striking a deer has declined by eight percent from last year. That is a good thing, because the state ranks 18th for car accidents involving collisions with a deer.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The drop brings the odds of a deer collision down to 1 out of 124, as compared to the national average of 1 out of 169. We can be grateful we do not have to drive in West Virginia, where the odds are 1 out of 39.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While many drivers may think the worst part of a collision is the inconvenience of having to take your vehicle to the shop for repairs, in 2012, car accidents involving animals caused 175 fatalities. And deer are the most common animal hit by a vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Striking an object the size of a full-grown buck is very dangerous and even drivers of large pickup trucks and SUVs are at risk, as the animals can be thrown through the windshield and kill a driver.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Missouri drivers are benefiting at the expense of Missouri hunters, as the deer population in the state has been suffering from EHD (epizootic hemorrhagic disease), which has caused a significant loss of deer.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The hours around dusk are the most dangerous as that is when the deer are most active, as is late fall, during rutting season. Drivers should watch the side of the road; if you see one deer, slow down and use caution, as there are likely to be more deer in the area.
</span>
</p>
</div>Cooperation in family court-it can't hurt2014-09-17T17:40:56Z2014-09-17T17:40:56Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Family court in Missouri is much like life. There are no guarantees. Well, there is one, and that is if you are combative and contentious, you and your soon-to-be former spouse will have a long, expensive, and painful divorce experience.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
While there are many things that could improve the
</span>
</span>
<a href="/family-law/child-custody" style="display: initial;">
child custody
</a>
<span style="display: initial;">
<span style="display: initial;">
proceedings, the divorce process and the courts, most are far beyond your control.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
But as with most things in life, you never have a second chance to run through your divorce again and see if you changed some of your decisions, things would turn out better. You only have one chance, so you need try to work toward fostering the best interest of your children.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
How to discover and meet those best interests is always the challenge.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you are divorcing and you have a child or children, you need to remember that you and your spouse are always being watched. Not Big Brother, but your little children. They are sensitive to your body language and your spoken language. They know when you are upset merely by your tone and perhaps even the way in which you walk, or stalk, around the house.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Tension and stress is one of the most damaging aspects of a divorce proceeding, so whatever you can do to reduce that stress will be important.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Cooperation and a commitment to work with their other parent is one way to prevent every action from becoming grounds for returning to court to argue. No, not everything will run smoothly, but searching for grievances will likely uncover some, and the urge to battle over every little thing will not benefit you child in the end.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The family courts are not perfect. They could be improved. However, with your divorce and child custody agreement, active cooperation may be able to help your divorce while other debate the grander issues.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Dallasnews.com, “How divorced parents lost their rights,” Robert E. Emery, New York Times, September 12, 2014
</span>
</p>
</div>Can you fool a Breathalyzer into thinking you're not drunk?2014-09-12T17:40:57Z2014-09-12T17:40:57Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
We’ve all heard them before: those urban myths about drinking and driving and how to avoid criminal charges if you get stopped. One myth says that if you suck on some pennies, the copper will neutralize the alcohol. Another says that swishing with mouthwash before an officer administers a breath test is the best way to get out of a DUI arrest.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Not only are the majority of these myths wrong, but partaking in some of them can actually lead to serious drunk-driving charges in the process. And depending on if you seek the help of a skilled attorney, and how effective you are at presenting your defense, you could find yourself facing a conviction as well — even if you were not intoxicated.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Let’s take a look at one of these incriminating myths and see how a conviction could come about.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Myth
</span>
<span style="display: initial;">
: Use breath spray or mouthwash to avoid a DUI
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This urban myth has been around for more than a decade and was even featured on a 2003 episode the “Myth Busters.” The myth says that using breath spray or mouthwash will mask the actual level of alcohol in your blood stream, allowing you to get out of a DUI charge.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
But this myth is only partially true. It will mask your blood-alcohol content but in an adverse way. As you may already know, a
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
breath test
</a>
<span style="display: initial;">
<span style="display: initial;">
works by measuring the amount of alcohol vapor in your breath. But because many breath sprays and mouthwashes contain sugar alcohols, breathing into a Breathalyzer after using one of these products can actually register a higher BAC than what you really have.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This myth is the most problematic because it could lead to elevated charges and leave the accused in serious need of an attorney.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Even though the admission of using either or both of the products prior to a Breathalyzer, along with a blood test, may explain the false results, it may not be enough to prevent drunk driving charges. This is especially true if a blood draw shows a .08 BAC or higher.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Either way, a person should always consider legal representation following a DUI arrest, especially because of the consequences they could face if they’re convicted.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Sources
</span>
<span style="display: initial;">
: chemistry.about.com, “
</span>
<a href="http://chemistry.about.com/b/2013/11/15/can-you-beat-a-breathalyzer-test.htm" target="_blank" style="display: initial;">
Can You Beat a Breathalyzer Test?
</a>
<span style="display: initial;">
” Anne Marie Helmenstine, Ph.D., Nov. 15, 2013
</span>
</p>
<p>
How Stuff Works, “How Breathalyzers Work,” Craig Freudenrich, Ph.D., Accessed Sept. 12, 2014
</p>
</div>The complexities of a multi-vehicle truck accident2014-09-11T17:40:58Z2014-09-11T17:40:58Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A terrible truck accident on I-70 east of Columbia shut down the westbound lanes for 13 hours and left one person dead and eight seriously injured. The closure of the highway was necessary because the crash involved three semi-trucks and eight other vehicles. Photos from the scene show the carnage of mangled vehicles strewn across the westbound lanes.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to the Missouri State Patrol, the first truck was eastbound when it crossed the median, struck a car in the westbound lane, cutting it in half. The driver of this vehicle died, and a chain reaction crash involving two more semi-trucks and the other seven vehicles.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
This type of
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
truck accident
</a>
<span style="display: initial;">
<span style="display: initial;">
illustrates why you would want an attorney. With three large trucks and eight other vehicles, there could be at least 11 insurance companies and their attorneys involved, and there could be more.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Because it is unclear why the first truck crossed the median and triggered this massive accident, a detailed investigation will be necessary to determine if it was driver error, mechanical failure, or some other issue related to the truck.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
For instance, if a tire or other suspension piece failed, it could have caused the driver to lose control and run into the other lane. If the truck was owned by one entity, leased by another entity and maintained by a third entity, all of those insurance companies will be competing to place the responsibility somewhere else.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There could even be issues with other elements of the truck, as the trailer could be leased from yet another entity and there could be questions of whether the trailer was properly loaded, which may have exacerbated other mechanical failures.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In addition, there may be a limited insurance pool to fund damage compensation, and late claims could find there is less than adequate compensation remaining.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
KMOV.com, “I-70 near Warrenton reopens 13 hours after fatal accident,” September 10, 2014
</span>
</p>
</div>Facing sexual misconduct charges? Speak with an attorney2014-09-10T17:40:59Z2014-09-10T17:40:59Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Being accused of any crime can be devastating and quite frightening. However, there are some crimes that may be particularly upsetting. For example, sexual misconduct allegations can destroy a person’s career and reputation, even if that person is never convicted or the claims turn out to be baseless.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Whether you are accused of offenses related to child pornography, sexual assault or statutory rape, it is important to remember that you have the right to speak with an attorney and take steps to aggressively defend against charges. Our law firm understands how serious these charges can be and how much is on the line for a person accused of a sex crime.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In many cases of sexual assault claims, there may be reason to suspect that statements about the alleged crime are fabricated or have been exaggerated. Some statements end up being completely made up. In other cases, any alleged sexual interaction was consensual. There are also extenuating circumstances that may affect the decision-making capabilities of a person accused of a sex crime, from addiction to mental impairment.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
These factors can be vital in a person’s defense against criminal charges, but they can be very difficult to identify and confirm without extensive legal knowledge. The lawyers at our firm have decades of experience in helping people craft effective defenses against sex crimes and avoid the harsh consequences of a conviction.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Considering the fact that your family, future and freedom could all be at stake if you are convicted of a
</span>
</span>
<a href="/criminal-defense/sexual-offenses" style="display: initial;">
sex offense
</a>
<span style="display: initial;">
, working to have the charges reduced or dismissed can be essential. For more information on how our law firm approaches these cases in Missouri and can help you, please visit our website.
</span>
</p>
</div>Self-aware cars may help reduce car accidents2014-09-04T17:41:01Z2014-09-04T17:41:01Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In motor vehicle crash investigations, an often-occurring, but vague, cause of a crash is described as driver inattention. A large number of car accidents that are triggered by this issue.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Did the car miss a corner because it was going too fast or because the driver was lulled into a daze or was texting on their phone, and by the time they realized they were off the road, it was too late to correct their mistake.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Studies have found that driver distraction and inattention are significant contributors to
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
, and attempts to deal with it have been less than satisfactory. We can make texting illegal, but police officers cannot observe every driver all of the time.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But your car could. General Motors has purchased a technology that will allow your car to monitor your eye movements. Potentially, a system like this could be used to prevent driver distraction and even attempt to alert a sleepy driver awake.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Some manufactures already have systems that monitor steering behavior and watch the driver’s eyelids to warn drivers who may be falling asleep behind the wheel.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A few cars are equipped with self-braking systems that use radar to detect objects near a vehicle. Others have lane assist, which watches the road to warn a driver when they stray from their proper lane. Both are part of a growing number systems that will move users closer to a fully autonomous vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The National Highway Transportation Safety Administration (NHTSA) is working on requirements for vehicles to communicate with each other, as an additional means of preventing car accidents.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Given the number of deaths that stem from drivers failing to pay attention to the operation of their vehicle, these innovations could save thousands of lives in advance of the full automation of vehicles.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Wired.com, “
</span>
<a href="http://www.wired.com/2014/09/general-motors-seeing-machines/" target="_blank" style="display: initial;">
Your Next Chevy May Watch You Watching the Road
</a>
<span style="display: initial;">
,” Jordan Golson, September 3, 2014
</span>
</p>
</div>Race disparity in prisons highlights potential racism in laws2014-08-29T17:41:03Z2014-08-29T17:41:03Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Did you know that Hispanics and black people are three times more likely to be stopped by police and searched for drugs than white people? It’s a potentially disturbing fact for some of our Missouri readers who may have experienced this potential racial profiling for themselves.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Although many people would argue that justice is blind and that our nation’s laws are black and white, some people would argue that this isn’t the case, such as the statistic above shows. Furthermore, there are laws, both state and federal, that could further exemplify this point.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Take for instance the federal
</span>
</span>
<a href="/criminal-defense/drug-crimes" style="display: initial;">
drug laws
</a>
<span style="display: initial;">
<span style="display: initial;">
concerning crack cocaine. Did you know that prior to the Fair Sentencing Act of 2010, those found to have crack cocaine in their possession suffered stricter sentencing than those who possessed powdered cocaine? The fact that black Americans are more likely to use crack and white Americans are more likely to use powdered cocaine would therefore mean that black people serve stricter sentences when convicted of drug crimes than white people.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
We can see this is true by looking at statistics of prison populations. One in 15 black men are incarcerated compared to the 1 in 106 white men. Latinos fair no better with 1 in 36 being imprisoned.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Even though police departments across the nation, including here in Missouri, may insist that they do not participate in racial profiling, the laws may be doing it for them. It’s because of this unfortunate fact that necessitates the need for a skilled lawyer when facing criminal charges. Because of their knowledge of the legal system, attorneys are well equipped to challenge such laws to ensure that their client has the right to a fair trial and receives proper justice in the end.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/nclr-action-fund/narrowing-the-racial-divi_b_5731756.html" target="_blank" style="display: initial;">
Narrowing the Racial Divide in the War on Drugs
</a>
<span style="display: initial;">
,” Aug. 28, 2014
</span>
</p>
</div>Increased DWI patrols this Labor Day weekend2014-08-29T17:41:02Z2014-08-29T17:41:02Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Labor Day is often the last hurrah of summer. Sure, there is no snow or icy roads in the foreseeable forecast, but the hours of daylight have begun to erode, school has begun, and you the first Halloween displays have showed up. But this weekend still promises temps in the upper 80s, which feels like summer.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But Labor Day weekend also promises something else: car accidents and drunk driving deaths. And because of that risk, law enforcement across the Missouri will be working together to present an aggressive campaign to stop and arrest drunk drivers.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Drivers will see extra patrols on I-70, I-44 and many state highways. There will also be sobriety checkpoints as part of Drive Sober or Get Pulled Over, a nationwide enforcement program to help reduced the more than 10,000 people who die in
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
fatal motor vehicle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
that occur every year.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The safety campaign will also target seat belt law violations and speeding. A sobriety checkpoint permits police to stop vehicles on a road and allows the officer or state trooper an opportunity to check the driver for signs of impairment.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
In 2012, there were 206
</span>
</span>
<a href="http://www.mshp.dps.missouri.gov/MSHPWeb/SAC/crash_data_alcohol_960grid.html" target="_blank" style="display: initial;">
alcohol-related
</a>
<span style="display: initial;">
<span style="display: initial;">
fatal motor vehicle crashes, which killed 214 people. The statistic that is frightening is the 2,482 alcohol related crashes that left 3,510 with injuries.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While some of these people walked away with a broken bone, that has since healed, there are certainly others who have struggled with multiple surgeries and constant, chronic pain. They remain a constant reminder of why you want to make it through Labor Day weekend with nothing worse than a little sunburn and nostalgia for the summer that will be soon over.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Fox2now.com, “
</span>
<a href="http://fox2now.com/2014/08/29/dwi-security-checkpoints-to-increase-over-labor-day-weekend/" target="_blank" style="display: initial;">
DWI security checkpoints to increase over Labor Day weekend
</a>
<span style="display: initial;">
“, Danielle Scruggs, August 29, 2014
</span>
</p>
</div>After a divorce, you are still their grandparents2014-08-28T17:41:04Z2014-08-28T17:41:04Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Family relationships are always complex, and the relationship between adult children and their parents generally do not become any less complex by nature of the aging of the children into adulthood. Sometimes, it merely makes them more complex, as the children may grow to resent the “suggestions” of parents, finding them intrusive and meddlesome.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And while grandchildren can add even more potential for irritation and conflict, the mix can become very roiled by the occurrence of divorce. As a grandparent, you may be faced with many additional complexities, as you attempt to maintain viable relations with all parties.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The difficulty for the grandparent is avoiding alienating either parent of your grandchildren. Because their decisions regarding their
</span>
</span>
<a href="/family-law/child-custody" style="display: initial;">
child custody
</a>
<span style="display: initial;">
<span style="display: initial;">
arrangement will control how and when you have access to your grandchildren, maintaining positive relationship with both parents is important.
</span>
</span>
</p>
<p>
If your daughter-in-law receives primary custody of the child or children, your overt criticism or choosing sides will only damage your ultimate relationship with your grandchildren.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
During a divorce, your presence as a grandparent can be immensely important to your grandchildren, as you should provide them with a stable and conflict-free place, where they can escape the emotional drama that their parents may be experiencing.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
You should always be the “adult” in the situation, no matter how upset their parents become, and should offer non-judgmental, non-inflammatory advice or commentary to both the parents and the grandchildren.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As elders, you can help all of the parties by pointing out the necessity of dealing with the situation as it evolves and offering the long-term perspective. By remaining on civil terms with everyone, you can help your grandchildren and your own child work through the divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While your legal relationship will be altered, you will always be their grandparents and you can ensure that life-long relationship remains a positive one long beyond the divorce proceedings.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The Tribune, “
</span>
<a href="http://www.sanluisobispo.com/2014/08/26/3212592/grandparents-should-stay-neutral.html?sp=/99/151//" target="_blank" style="display: initial;">
Grandparents should stay neutral during divorce of children
</a>
<span style="display: initial;">
,” Linda Lewis Griffith, August 26, 2014
</span>
</p>
</div>Deadly truck crash on 1-702014-08-22T17:41:06Z2014-08-22T17:41:06Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A 41-year-old truck driver died in a multiple vehicle truck accident Monday on 1-70 just west of Columbia. The first semi struck a second semi-truck, which hit a SUV, causing it to rollover and then strike a third semi. The driver who died was in the first truck and was apparently killed when he was ejected from the cab of his vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The gas tank on the first truck ruptured and that vehicle burst into flames. The crash shut down the eastbound lanes “for hours” while accident scene was investigated and the debris was cleared.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The chief of the fire department that responded to this crash noted that this while his crew has to respond to crashes on the highway “all the time,”
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
truck accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
of this magnitude, involving three semis, one passenger vehicle and a fire are uncommon.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
No cause of the accident was given by the Missouri State Highway Patrol, but these types of rear-end crashes are often caused when traffic slows, for construction, weather or another accident, and a driver is not paying sufficient attention to the slowing traffic.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While use of handheld electronic devices, like a cellphones, is prohibited for truck drivers, they are not immune to the temptation to “just check the phone.” During an investigation of crash like this, where the driver is killed and unable to answer any questions about their activity, the phone records will be obtained by attorneys representing those who suffered damage, to determine if the phone was in use at the time of the crash.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In addition, many large trucking companies have equipped their trucks with electronic recorders that track many of the systems of the truck, something like the so-called “black boxes” on aircraft. They record the speed of the vehicle, when the brakes were applied and other data that can allow a reconstruction of the truck’s behavior in the seconds before the crash.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Connectmidmissouri.com, “One killed in four-vehicle crash on I-70,” Dan Claxton, August 18, 2014
</span>
</p>
</div>Marital, Separate and Equitable, but not equal2014-08-21T18:03:16Z2014-08-21T18:03:16Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The characterization of property during a divorce is significant. Your property division will determine your financial future and one element of that division is whether property is marital or separate in Missouri. Separate property, as its name implies typically has as its source something that separates it from jointly held assets. In most cases, inheritances and gifts are separate property.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Marital property makes up the bulk of most couples assets and includes income earned and assets acquired during the marriage. The important to remember during a divorce that marital property in Missouri is subject to an
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
equitable division
</a>
<span style="display: initial;">
. And this type of distribution can be quite complex, depending on the length of the marriage and the income of the couple.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The key element of an equitable property distribution is that it need not be equal. If a husband is employed in a position with a significant salary and a wife remained home, caring for the children and never worked outside the home, it is likely that she may receive a larger share of the marital assets. This is because the court presumes her earning ability has been significantly impaired by her separation from the workforce for many years.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
With separate assets, it is important to keep them separate, and never comingle with any joint funds. If you deposit an inheritance in a joint savings account or use it to pay for a joint asset, like the mortgage on the family home, it will lose its separate nature and become subject to an equitable division in the event of a divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you receive any personal property, like grandparents’ or parents’ wedding rings, heirloom furniture, artwork or the like as part of an inheritance or as gifts, you should document the items when you receive them. Such documentation can prevent disputes when divorce places people on their worst behavior.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Forbes.com, “
</span>
<a href="http://www.forbes.com/sites/jefflanders/2014/08/19/divorcing-women-heres-how-to-protect-your-inheritances-and-gifts/" target="_blank" style="display: initial;">
Divorcing Women: Here’s How to Protect Your Inheritances And Gifts
</a>
<span style="display: initial;">
,” Jeff Landers, August 19, 2014
</span>
</p>
</div>Protesters allege bias in police shooting investigation2014-08-19T18:03:17Z2014-08-19T18:03:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Peaceful protests have given way to riots and looting in some areas of Jefferson, Missouri, following the police shooting of an unarmed black teenager. The 18-year-old was shot and killed outside a low-income housing complex last week.
</span>
</p>
<p>
<br/>
</p>
<p>
At least one witness has stated that the young man had his hands up and was not struggling when he was fatally shot in the head and chest. The officer, on the other hand, has reportedly said that he believed the teen was reaching for a gun.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In the days since the shooting, the community has rallied with increasing intensity to call for the arrest and prosecution of the police officer involved. They have also demanded more information about the circumstances of the shooting.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Many of those involved in the protests have accused local authorities of racial bias in their handling of the case, saying the investigation so far has been lax. While the population of Ferguson is largely black, its police force is primarily white. Underlying racial tensions in the area have escalated in the aftermath of the shooting.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Some have even called for the removal of prosecutor Bob McCulloch, who is in charge of investigating the case and deciding whether to move forward with prosecuting the officer. These protesters object to his involvement in the case because his father, a police officer, was killed in the line of duty when McCulloch was just a boy.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Whether or not McCulloch is removed from the case, the controversy highlights the important issue of bias in criminal prosecutions of all kinds. If a prosecutor, judge or jury is unable to maintain an objective point of view, it deprives the defendant of his or her right to a fair trial. Especially in a high-profile case such as this, one of the most important things that a criminal defense lawyer can do on behalf of his or her client is to identify these potential biases and prevent them from unfairly influencing the case.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Reuters, “
</span>
<a href="http://news.yahoo.com/veteran-missouri-prosecutor-weigh-fate-cop-shot-black-151413818.html" target="_blank" style="display: initial;">
Veteran Missouri prosecutor to weigh fate of cop who shot black teen
</a>
<span style="display: initial;">
,” Carey Gillam, Aug. 14, 2014
</span>
</p>
</div>Child support is for your children2014-08-16T18:03:18Z2014-08-16T18:03:18Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Child support is too often a contentious issue during a divorce. While it exists as a means of benefiting the child or children from the marriage, it often becomes a tool used by the parents to “punish” each other.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The parent who pays often objects because they feel as if their
</span>
</span>
<a href="/family-law/child-support" style="display: initial;">
child support
</a>
<span style="display: initial;">
<span style="display: initial;">
payments benefit the other parent. The parent receiving the payments may attempt to use access to the children as a weapon to force payment, withholding access when a payment is late or missed.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The legislature in Missouri, and in all states, has determined that with the birth of a child comes the responsibility to provide financial support for that child. This responsibility arises whether married or not, but because divorce is the formal mechanism used to dissolve a marriage, it also must allocate child support obligations for those parents.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Because child support is tied to child custody, the best way to avoid child support battles is to clearly think about your children’s future in a holistic fashion. Your want to think about how your parenting plan divides parenting responsibilities and how you can use that plan to create the best environment for your children to grow and thrive.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Petty squabbles involving withholding of child support payments or access to the children are not a means of improving your children’s family experience.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Of course, after your child support plan is in place, if you suffer a substantial change in circumstance that makes it impossible to maintain your payment level, you should consult an attorney and discuss how to obtain a modification of the child support order.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While money should not be seen as a proxy for love, few children will ever feel love or affection by having their child support payments withheld.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Cincinnati.com, “
</span>
<a href="http://www.cincinnati.com/story/news/local/2014/08/13/column-children-pay-price-non-support/13670041/" target="_blank" style="display: initial;">
Column: Children pay price of non-support
</a>
<span style="display: initial;">
,” Judge Amy Searcy, August 13, 2014
</span>
</p>
</div>Severe car accident, part 22014-08-15T18:03:21Z2014-08-15T18:03:21Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
In our last post, we were following the path of a victim of a severe
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accident
</a>
<span style="display: initial;">
<span style="display: initial;">
here in Columbia, as he arrived at the trauma center.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
That he is alive today is due in part because he arrived in the operating room of a Level 1 trauma center within 12.5 minutes. His Trauma Injury Severity Score (TRISS), which measures a trauma victim’s likelihood of survival, gave him a 4.5 percent chance of surviving the accident.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
His trauma team was waiting when he arrived at the hospital. The team is made up of doctors, nurses, technicians and other specialists, who were all focused on saving his life.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Two surgeons began simultaneous operations. The work that needed to be done was breathtaking. According to the Daily Tribune, his doctor “removed Irwin’s right kidney, a section of his small bowel, his right colon and repaired the injury to the veins behind his liver and the vein that carries blood from the lower body to the heart.”
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
They had to control the bleeding in his nearly severed right leg and he was sent to radiology and for CT scans. He required additional blood transfusions, totaling 100 units, during his multiple surgeries. He returned to the operating room for additional surgeries from trauma, neurologic and orthopedic surgeons.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
His primary surgeon noted that he needed “every single piece” of equipment in the trauma center. And this level of care is needed more than you may think, which requires the trauma team being placed on their highest level of alert about 400 times a year.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Car accidents, falls and other unintentional injuries are the source of 91 percent of the trauma centers work. The surgeon from the trauma center pointed out that driving is “probably the most dangerous thing we do every day.”
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The aftermath of the accident and the injuries will last a long time. He may never walk again, but he hopes to eventually be able play with his kids and return to work, driving a snowplow. There is the financial struggle, and he has hired an attorney to help with his case.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
He is enormously grateful to the team in the trauma center that saved his life. If he regains is ability to walk, it is unlikely his wife will ever let him back on a motorcycle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Columbia Daily Tribune, “
</span>
<a href="http://www.columbiatribune.com/news/perspectives/no-small-miracle-hero-snowplow-driver-reflects-on-his-own/article_4afe6e01-bba5-5318-905e-ffe024c6440f.html#image_1" target="_blank" style="display: initial;">
No small miracle: Hero snowplow driver reflects on his own brush with death
</a>
<span style="display: initial;">
,” Jodie Jackson Jr., August 10, 2014
</span>
</p>
</div>Could white collar crime be next in line for sentencing reform?2014-08-15T18:03:20Z2014-08-15T18:03:20Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Earlier this year, new federal sentencing guidelines went into effect for people convicted of certain nonviolent drug crimes. Now, some defense lawyers and other advocates of prisoners’ rights are pushing for similar reforms in the sentencing of white collar crimes like embezzlement, tax fraud and insider trading.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The changes that have been suggested for the white collar crime sentencing guidelines would affect individuals charged with certain federal financial offenses. Many financial crimes can be prosecuted in either state or federal court, so people charged with these offenses in Missouri could be affected.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Generally speaking, sentencing guidelines for
</span>
</span>
<a href="/criminal-defense/federal-offenses" style="display: initial;">
federal crimes
</a>
<span style="display: initial;">
<span style="display: initial;">
have a reputation for being quite tough. Because the existing guidelines focus largely on the dollar amount involved in a financial offense, and less on other circumstances, people often face harsh consequences for conviction even if they played only an incidental role in the actual crime. In some cases, the same penalties can apply even if a person intended to commit a white collar crime but never actually carried the plan through to completion.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
People who are pushing for the reforms say that a better approach to sentencing white collar crimes would be to focus more on the other circumstances that may be involved in a case, such as the complexity of a financial scheme and how long it went on, as well as whether a crime was actually completed.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
These proposed changes would mirror similar reforms in the drug sentencing guidelines, which once focused heavily on the quantity of drugs involved. Although quantity is still a factor in those cases, the sentencing guidelines now also account for other important factors such as whether anyone was hurt or killed in the carrying out of the offense.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Bloomberg Businessweek, “Sentencing changes sought for business crimes,” Eric Tucker (Associated Press), Aug. 13, 2014
</span>
</p>
</div>White Collar CrimesWhat really happens in a severe car accident, part 12014-08-13T18:03:22Z2014-08-13T18:03:22Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
If you have children, the longest lasting legacy of your divorce will be what you taught them during the divorce and their memories. How that plays out is largely in your hands. While there is likely to be few things about your divorce that will seem pleasant or enjoyable, the better prepared you are for the process and the better able you are to cope with the challenges that do arise, the better your children will do during and after the
</span>
</span>
<a href="https://www.lawmissouri.com/divorce-and-family-law/" target="_blank" style="display: initial;">
divorce
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<br/>
</p>
<p>
Expectation setting is important. Your divorce attorney can help, because they can explain each element of the process, from the property division and spousal support to child custody and child support, and how each will likely operate in you divorce.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
For parents in Missouri, the centerpiece of your divorce will be your
</span>
</span>
<a href="http://www.courts.mo.gov/sup/index.nsf/0/629aab74004234eb862566e2006b5181/%24FILE/plan.PDF" target="_blank" style="display: initial;">
parenting plan
</a>
<span style="display: initial;">
. This part of your divorce agreement covers custody, decision-making, dispute resolution and expenses of your children. It will govern much of your interaction with your child or children until they become adults and necessarily, your interaction with their other parent.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The parenting plan lays out the details of your custody, how much time each parent is allocated, who has weekends, birthdays, holidays and summer vacation. This can be complex, as you have to think with specificity about much of your life differently than when you were married.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
The better thought out and detailed the plan, the less likely for surprises and for unexpected events, which can easily spark conflict. Having a process in place to deal with these types of issues can help allow your interaction with your former spouse to remain civil.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Civility is important, as your children will absorb much of how you handle your divorce. You work in good faith and with civility toward your former spouse, not for their sake, but for your children. Because whatever you do, they will remember.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/john-mcelhenney/a-positive-split_b_5646145.html" target="_blank" style="display: initial;">
Divorce Lessons: 8 Critical Choices in Making a Positive Split
</a>
<span style="display: initial;">
,” John McElhenny, August 5, 2014
</span>
</p>
</div>A positive divorce?2014-08-09T18:03:23Z2014-08-09T18:03:23Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
If you have children, the longest lasting legacy of your divorce will be what you taught them during the divorce and their memories. How that plays out is largely in your hands. While there is likely to be few things about your divorce that will seem pleasant or enjoyable, the better prepared you are for the process and the better able you are to cope with the challenges that do arise, the better your children will do during and after the
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Expectation setting is important. Your divorce attorney can help, because they can explain each element of the process, from the property division and spousal support to child custody and child support, and how each will likely operate in you divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
For parents in Missouri, the centerpiece of your divorce will be your
</span>
</span>
<a href="http://www.courts.mo.gov/sup/index.nsf/0/629aab74004234eb862566e2006b5181/%24FILE/plan.PDF" target="_blank" style="display: initial;">
parenting plan
</a>
<span style="display: initial;">
. This part of your divorce agreement covers custody, decision-making, dispute resolution and expenses of your children. It will govern much of your interaction with your child or children until they become adults and necessarily, your interaction with their other parent.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The parenting plan lays out the details of your custody, how much time each parent is allocated, who has weekends, birthdays, holidays and summer vacation. This can be complex, as you have to think with specificity about much of your life differently than when you were married.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The better thought out and detailed the plan, the less likely for surprises and for unexpected events, which can easily spark conflict. Having a process in place to deal with these types of issues can help allow your interaction with your former spouse to remain civil.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Civility is important, as your children will absorb much of how you handle your divorce. You work in good faith and with civility toward your former spouse, not for their sake, but for your children. Because whatever you do, they will remember.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/john-mcelhenney/a-positive-split_b_5646145.html" target="_blank" style="display: initial;">
Divorce Lessons: 8 Critical Choices in Making a Positive Split
</a>
<span style="display: initial;">
,” John McElhenny, August 5, 2014
</span>
</p>
</div>Banning teen texting most effective at reducing fatalities2014-08-07T18:03:24Z2014-08-07T18:03:24Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Worries over distracted driving have many potential sources. Virtually any activity combined with driving can result in a deadly car accident. From fiddling with a adjustment on a radio or climate control system to eating or smoking in a car, they all take your eyes and mind off the road, if only for a second.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The trouble is, at 60 to 100 feet per second, you can get into a great deal of trouble in that second or two that you as you adjust the coffee cup’s alignment so you can drink.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Nevertheless, those distractions have always been present in motor vehicles. It was the addition of a new source of distraction that has driven new concerns over distraction. The cellphone suddenly became a significant source of distraction. Then they got worse with the ability to text.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Texting is one of the most distracting activities a driver can engage in. Some studies have found it creates impairment similar to a drunk driver. During the last decade or so, numerous laws have been passed by many states in an attempt to deal with this problem and prevent it from causing an ever-greater number of
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Varying prohibitions, from texting for teens to outright bans on the use of handheld electronic devices, have been put in place. There has been a worry that it will have little effect, because it is difficult for an officer to observe a driver texting in many circumstances.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A new study has found that texting bans do have a positive effect on traffic fatalities. The best are those that allow primary enforcement, meaning the police can stop your vehicle if they see you texting, and do not need another traffic violation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The study also reports that bans that target teens reduced fatalities by 11 percent and that total bans on handheld devices was the most effective method of reducing deaths for drivers older than 22 years of age.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Washington Post, “Texting bans work: They cut teen traffic deaths by 11 percent, study finds,” Niraj Chokski, August 1, 2014
</span>
</p>
</div>An update on forcible blood testing in DWI cases2014-08-05T18:03:26Z2014-08-05T18:03:26Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Previously on this blog, we discussed a case that was pending before the U.S. Supreme Court regarding the issue of warrantless blood testing in drunk driving cases. That case has since been decided, so we will revisit the topic to provide an update.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The case in question is known as Missouri v. McNeely. It started when a Missouri highway patrolman stopped a man named Tyler McNeely for speeding in 2010.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Suspecting that the driver was intoxicated, the officer administered a series of field sobriety tests, which the driver failed. After he refused to take a breath test, the officer took the man to a medical clinic where his blood was tested against his will and without a warrant.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The Supreme Court was asked to rule on whether the warrantless blood testing violated the driver’s constitutional rights under the Fourth Amendment, which protects against unreasonable searches and seizures. The Court ruled that the man’s rights were indeed violated and that police generally must get a warrant before taking a blood sample from a
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
DWI
</a>
<span style="display: initial;">
<span style="display: initial;">
suspect who does not consent to be tested.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The warrant requirement in the Fourth Amendment is meant to put limits on police power by requiring them to get approval from a judge before interfering with a criminal suspect or that person’s property. In order to get a warrant, police are required to provide specific evidence showing that a crime is likely to have occurred. This is known as probable cause.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you are pulled over for suspected impaired driving in Missouri, the police must obtain a warrant before requiring you to take a blood test except in certain emergency conditions. However, it is important to understand that refusing to submit to DUI testing can have its own set of consequences in addition to those that may apply for the underlying impaired driving offense.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It is always a good idea to get advice from a defense lawyer if you are charged with driving under the influence of alcohol. He or she can help you understand your options and will work hard to protect your rights at every step of the process.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The News Wheel, “
</span>
<a href="http://thenewswheel.com/missouri-vs-mcneely-drunk-driving-and-blood-tests/" target="_blank" style="display: initial;">
Missouri vs. McNeely Case Brief: Drunk Driving and Blood Tests
</a>
<span style="display: initial;">
,” July 25, 2014
</span>
</p>
</div>Transitioning to an uncertain future2014-08-01T18:03:27Z2014-08-01T18:03:27Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Divorce has a way of resetting your expectations. That retirement you had been planning may still be possible, but how it will look will change. Sometimes the changes may be subtle, and other changes may be far more noticeable, depending on your starting position.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
For a spouse who stayed home and raised the children, it may mean entering the job market or going to school to update a degree or training. For others, it may mean selling a second home or vacation property.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If you had planned to keep the family home in anticipation of visits from eventual grandchildren, it may require selling that home and finding something more in line with your future budget.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Ironically, while inflexibility is often a contributor to divorce, as parties to a relationship harden their positions in the belief they will be better able to wring concessions out of the other party; but flexibility is needed during a divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
This is because your world will change. While the ending of a marriage has many symbolic acts, the concrete reality of your
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
will reinforce that symbolism.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Whether you are ordered to pay child support or await the payment of spousal support every month, you should use the time of your divorce as a way to transition to your new life.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And the more clearly you can articulate your goals for your future to your legal and financial professionals, the better they will be able to help you with that transition.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Flexibility is important, because no one can predict the future, and you have to create expectations and a plan that is resilient enough to handle those contingencies.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Wall Street Journal, “
</span>
<a href="http://www.marketwatch.com/story/divorce-isnt-just-about-the-money-grab-2014-07-28" target="_blank" style="display: initial;">
Divorce isn’t just about the money grab,”
</a>
<span style="display: initial;">
<span style="display: initial;">
Larry Stein, July 28, 2014
</span>
</span>
</p>
</div>What city has the highest rate of drunk driving deaths?2014-07-30T18:03:28Z2014-07-30T18:03:28Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Location. Location. Location. The mantra of real estate agents may work for discussing the prevalence of fatal, drunk driving accidents across this country. A recent analysis by NerdWallet of the cities with the greatest number of fatal, alcohol-related traffic crashes and the affect a DUI has for motorists in that city on their insurance rates found a remarkably arbitrary pattern emerges.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Beyond that fact that in the top 25, only Spokane, Washington is north of the midsection of the nation, but geography appears to have little to do with the distribution of these types of drunk driving
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
For instance California contains the most dangerous city in the survey, San Bernardino, and three other cities in the top 25 most dangerous. This might lead you to conclude that, in general, living in California carries a high-risk for involvement in an alcohol-related fatal accident.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Until you note the safest city in the survey, Moreno Valley, is also in California; along with 10 other cities with the fewest number of fatal DUI accidents.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
NerdWallet also compared how much insurance rates increased after a DUI and found that there were extreme variations, with Omaha residents paying an additional 3.76 percent, while drivers in Fayetteville, North Carolina would see a 157.82 percent increase.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Columbia, Missouri did not show in the list of cities, but St. Louis was number 18 and Kansas City was number 20. But even cities that close had a wide disparity in costs. A DUI in Kansas City would lead to an increase in 21.27 percent, while in St. Louis, your insurance rates would increase by 32.03 percent.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Drunk driving causes $199 billion in damages every year, and in 2010, it killed 10,322 motorists, so even if you live in Omaha, you should do everything you can to avoid a drunk driving accident, because the risk of fatality is high and you potentially could become one of the 10,000 no longer care about insurance rates.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Nerdwallet.com, “
</span>
<a href="http://www.nerdwallet.com/blog/insurance/2014/07/21/fatal-dui-crash-insurance/" target="_blank" style="display: initial;">
The Most Dangerous Cities: DUIs, Deaths and Your Insurance
</a>
<span style="display: initial;">
,” John Kuo, July 21, 2014
</span>
</p>
</div>Missouri corrections officers charged with inmate abuse2014-07-26T18:03:29Z2014-07-26T18:03:29Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Four former corrections officers are facing criminal charges in connection to their alleged conduct with inmates at a prison in eastern Missouri, where all four were previously employed. Three of the individuals have been charged with physically abusing inmates at the prison, and the fourth individual is accused of having had repeated sexual contact with an inmate.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to the charges, video footage taken at the prison in 2012 showed one of the officers punching a restrained inmate, head-butting him and slamming his head into a door. Another officer is accused of choking an inmate and pushing him into a cell in such a way that the inmate’s head slammed against a wall, and a third officer is charged with striking an inmate in the face in 2013.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The fourth is alleged to have had sexual contact with an inmate on several occasions in an employee break room. That inmate is reportedly serving time for
</span>
</span>
<a href="/criminal-defense/murder-and-manslaughter" style="display: initial;">
second-degree murder
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
All of these events are alleged to have occurred at Eastern Reception, Diagnostic and Correctional Center, a maximum-security prison in Bonne Terre, Missouri. A representative of the Missouri Department of Corrections said that none of the four accused individuals are currently employed with the department.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Although the allegations in this story have yet to be proven in a court of law, the unfortunate truth is that corruption and inmate abuse do occur within the prison system, potentially making an already difficult situation much worse for anyone facing imprisonment for conviction of a crime.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If you have been charged with a criminal offense in North Carolina, talk to a criminal defense lawyer about the legal options that are available. In some cases, a lawyer may be able to help you secure a shorter prison sentence or stay out of prison altogether.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Tribune, “”4 former corrections officers at same southeast Missouri prison facing criminal charges,” Associated Press, July 10, 2014
</span>
</p>
</div>Taking steps to become financially aware important prior to divorce2014-07-24T18:03:31Z2014-07-24T18:03:31Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In years past, the roles of men and women in society and in a marriage were much more traditional and defined. In many marriages, men earned the money and handled the finances while women tended to children and the home. While women likely made home-related purchases, men by-and-large held the bulk of financial knowledge and power. Today, thankfully, things are much more equal.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A large percentage of married women work outside the home and many earn incomes equal to or in excess of a spouse. However, in many cases roles related to finances haven’t changed. While women who are earning their own money likely enjoy more financial independence, many still opt to handle matters related to the home and children rather than take on responsibilities like paying bills, investing money and managing and tracking retirement assets. As a result, many women remain the dark about total assets, debts and investments.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In cases where a financially in-the-dark spouse is destined for divorce, it’s important to take steps to gain a comprehensive picture of both shared and individual assets, debts and investments. It’s also important to take steps to gain financial independence from a spouse. Closing joint accounts, opening individual accounts and taking steps to pay down or pay off debt are all important when facing divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
While entrenched in the actual divorce process, even the most amicable of divorces can grow contentious. This is often especially true when it comes to matters related to the
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
division of property
</a>
<span style="display: initial;">
<span style="display: initial;">
and assets. For example, a soon-to-be ex-spouse likely won’t be thrilled by the prospect of being ordered to share individual retirement or investment assets. In fact some husbands and wives even take steps to hide assets to avoid for an equitable distribution.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There’s a saying that knowledge is power. This phrase certainly rings true when it comes to divorce and finances. Women and men who are planning to divorce would be wise to consult with an attorney who can provide advice on how to best position oneself for the divorce process.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Forbes, “
</span>
<a href="http://www.forbes.com/sites/jefflanders/2014/07/23/perspective-and-preparedness-for-divorcing-women/" target="_blank" style="display: initial;">
Perspective And Preparedness For Divorcing Women
</a>
<span style="display: initial;">
,” Jeff Landers, July 23, 2014
</span>
</p>
</div>Tracy Morgan sues Wal-Mart after catastrophic truck accident2014-07-18T18:03:33Z2014-07-18T18:03:33Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Several weeks ago we touched on the fatal truck accident that seriously injured Tracy Morgan and took the life of his friend and fellow comedian Jimmy Mack. A Wal-Mart truck collided with the limousine van in which Morgan and Mack were riding, and authorities say the fatigued driver of the truck hadn’t slept in more than 24 hours.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Rules imposed by the Federal Motor Carrier Safety Administration dictate the number of hours a truck driver can work and how many hours of sleep a truck driver must have before getting behind the wheel. Violating these rules can have catastrophic consequences, and truck drivers and their employers need to be held accountable when a violation occurs.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A month after the accident, Tracy Morgan was finally released from the rehab facility where he was receiving treatment. He will still have to undergo extensive rehabilitation at home.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Morgan and two others who were injured in the crash have brought a negligence lawsuit against Wal-Mart. The suit says that the retailer was negligent and should have been aware that the fatigued driver hadn’t slept in more than a day. The driver was on a 700-mile route from Georgia to Delaware when he allegedly fell asleep while driving. The length of the route, claims the lawsuit, was “unreasonable.”
</span>
</p>
<p>
<span style="display: initial;">
Morgan and the other plaintiffs are seeking punitive and compensatory damages. The case is expected to go to trial.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
When a serious
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
truck accident
</a>
<span style="display: initial;">
<span style="display: initial;">
occurs, it is extremely important that a thorough investigation is conducted. These cases tend involve a variety of factors, and an attorney with experience in handling truck accident claims can help victims receive the compensation they need and deserve.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: 760 KFMB, “Tracy Morgan released from rehab month after crash,” Bruce Shipkowski, July 12, 2014
</span>
</p>
</div>Life coach lists signs that signal a failing marriage2014-07-18T18:03:32Z2014-07-18T18:03:32Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
In an attempt to help couples address problems before their marriage fails, a life coach recently listed ten of the more common signs that a marriage is heading towards
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A theme echoed through many of the signs was a lack of communication. According to the coach, there is a difference between forgetting to share information and intentionally keeping secrets. Intentionally hiding information from each other can be a red flag of bigger issues within the marriage.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Tied to a lack of communication is “tuning each other out.” Simply not caring about the presence of a spouse or what the spouse is saying is another sign of an unstable marriage.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In addition to communication issues, other red flags include a lack of intimacy and falling into the same argument pattern. Couples generally do best when intimacy is a part of the relationship. This refers to both the physical forms of intimacy and non-physical. The ability to bond with each as a unit is important. Taking the time to connect may help reduce the risk of a lack of intimacy leading to larger problems.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Repeating arguments is also a warning sign that should be taken seriously. Attempt to find a resolution to these problems instead of falling into the same fighting pattern.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Unfortunately, divorce may be inevitable even when these warning signs are noted and addressed. Those who find themselves in this situation are wise to seek the counsel of a divorce and family law attorney. This legal professional will work with you to guide you through the process and better ensure your interests are protected.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/mari-lyles/ten-signs-your-marriage-i_1_b_5591479.html?utm_hp_ref=divorce&ir=Divorce" target="_blank" style="display: initial;">
10 Signs Your Marriage is Heading Toward Shipwreck
</a>
<span style="display: initial;">
,” Mari Lyles, July 16, 2014
</span>
</p>
</div>Some challenges seem inherent to the divorce process2014-07-12T18:03:34Z2014-07-12T18:03:34Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Anger, regret, frustration, sadness, relief and guilt are just a sampling of the many emotions often experienced by an individual who is going through a divorce. All of these, and a host of others, are normal and nothing can truly prepare an individual for the emotional and mental roller coaster that is divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While every couple’s situation and divorce is unique, there are some factors that seem inherit to the divorce process. For example, during and in the wake of a divorce, parents often struggle to keep their negative emotions about an ex-spouse in check. While it can be incredibly difficult to remain civil with an ex while the wounds of a split are so fresh, for the sake of shared children, it’s critical.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While going through the actual divorce process, many individuals are surprised by how time-consuming the process becomes. This is especially the case when exes aren’t able to come to a mutual resolution regarding matters related to child custody, spousal support and the division of assets.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Even in cases where an individual wants to divorce, it doesn’t mean he or she won’t experience conflicting emotions. Second guessing one’s decision to file for divorce may be exacerbated as one experiences confusion and frustration as divorce negotiations drag on.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Divorce brings many changes, many of which may be initially scary or difficult. When faced with changes to one’s living arrangements, financial situation and social activity; it’s normal to feel overwhelmed and act out in ways that may not be mature or healthy. It’s often, therefore, a good idea to seek help from a professional counselor who has experience helping individuals going through a divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
It’s also important to hire a
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce
</a>
<span style="display: initial;">
<span style="display: initial;">
attorney who is compassionate and understands the challenges divorce brings. A legal professional can provide information and advice about the divorce process as well as tips for post-divorce success in matters related to finances and child custody.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/elinor-robin-phd/9-things-you-can-expect-d_b_5572691.html?utm_hp_ref=divorce-advice" target="_blank" style="display: initial;">
9 Things You Can Expect During Your Divorce
</a>
<span style="display: initial;">
,” Elinor Robin, PhD, July 10, 2014
</span>
</p>
</div>U.S. Supreme Court weighs in on warrantless cellphone searches2014-07-11T18:03:37Z2014-07-11T18:03:37Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When police arrest someone, the law permits them to conduct what is known as a search incident to arrest, even if they do not have a search warrant. This allows them to search the suspect’s pockets and personal belongings such as a purse, shopping bag or wallet, in order to check for weapons and prevent the destruction of evidence.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But until very recently, it was unclear whether police could look at the contents of an arrested person’s cellphone as a part of a search incident to arrest. Now, however, the U.S. Supreme Court has settled the issue with a resounding “no.”
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A typical modern cellphone contains so much personal information that the Court reasoned a cellphone search is more comparable to going through a suspect’s entire home from top to bottom than sifting through the contents of his or her briefcase. Therefore, the Court concluded unanimously, a warrant is usually required before police may conduct a cellphone search — the same standard that applies to home searches.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
An important thing to keep in mind when dealing with police is that they do not need a warrant to search your cellphone, car, home or belongings if they have your permission. Many people consent to searches in the hopes of appearing cooperative, only to then be
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
arrested and charged
</a>
<span style="display: initial;">
<span style="display: initial;">
on the basis of what the search reveals.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you are stopped by police, remember your rights and avoid doing anything that might help them establish probable cause to arrest you. If you are arrested, politely but firmly state that you are invoking your right to remain silent and that you wish to speak with your attorney.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Wall Street Journal, “
</span>
<a href="http://online.wsj.com/articles/high-court-police-usually-need-warrants-for-cell-phone-data-1403706571" target="_blank" style="display: initial;">
Supreme Court: Police Need Warrants to Search Cellphone Data
</a>
<span style="display: initial;">
,” Jess Bravin, June 25, 2014
</span>
</p>
</div>Missouri saw fewer fatalities this Fourth of July holiday period2014-07-11T18:03:35Z2014-07-11T18:03:35Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Recently released Missouri State Highway Patrol statistics indicate that, this year, the Fourth of July holiday period was significantly less deadly out on Missouri’s roads than was the case last year.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
For this year, the Fourth of July holiday period was defined as being the period going from 6:00 p.m. July 3 to 11:59 p.m. July 6. During this period, there were six
</span>
</span>
<a href="/Personal-Injury/Wrongful-Death" style="display: initial;">
motor vehicle accident deaths
</a>
<span style="display: initial;">
<span style="display: initial;">
on roads in the state, according to the state patrol numbers. This is much lower than the fatality count from the 2013 Fourth of July holiday period, which was 19.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This year’s Fourth of July period also saw drops as compared to last year’s period when it came to:
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<ul>
<li>
<span style="display: initial;">
DWI arrests by the state patrol: This year there were 142, last year there were 199.
</span>
</li>
<li>
<span style="display: initial;">
Number of traffic accidents the state patrol had to work: This year there were 263, last year there were 358.
</span>
</li>
<li>
<span style="display: initial;">
Number of injuries in state-patrol-worked crashes: This year there were 121, last year there were 157.
</span>
</li>
</ul>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
All of these reductions are potentially encouraging ones. One wonders what caused them. Did Missouri drivers, perhaps, do a better job of putting a focus on safe driving this year than they did last year?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If the drops were the result of safer driving, one hopes such greater care on the roads will continue throughout the rest of this year. Taking great care when out on the roads is not something to do solely during holiday seasons when the roads are crowded, it is something that should be done year-round.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Individuals who have been injured or have lost a family member because another driver out on Missouri’s roads failed to drive in a safe manner can have an attorney look into the matter for them and talk them through their legal options.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: St. Louis Post-Dispatch, “
</span>
<a href="http://www.stltoday.com/news/local/crime-and-courts/traffic-deaths-down-fatalities-on-water-up-during-fourth-of/article_4ea08eea-5f71-5668-a7ac-e3af40a231f7.html" target="_blank" style="display: initial;">
Traffic deaths down, fatalities on water up during Fourth of July weekend
</a>
<span style="display: initial;">
,” Doug Moore, July 8, 2014
</span>
</p>
</div>Missouri police stepping up DWI enforcement this weekend2014-07-04T18:03:38Z2014-07-04T18:03:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Missouri law enforcement will be out in full force this weekend, cracking down on drivers who are under the influence of alcohol. With all the celebrating being done this Independence Day at family barbeques, company picnics and friendly get-togethers, it is easy to drink more than you planned to. Therefore, it is important to plan ahead to make sure you get home safely — and legally.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As part of the “Drive Sober or Get Pulled Over” campaign, police throughout the state will be conducting saturation patrols, meaning that there will be more officers than usual on the roads to keep an eye out for impaired drivers. Historically, drunk driving arrests spike on the Fourth of July to a rate higher than almost any other day of the year.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
If you have had a couple of drinks and are on the fence about whether to drive yourself home or make other plans, it is always a good idea to err on the side of caution. Although it can seem inconvenient or expensive to call a taxi, take the bus or arrange a place to stay for the night, the hassle involved in any of these options will pale in comparison to the
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
consequences of a DWI arrest
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Even if you manage to avoid conviction, the costs associated with a DWI arrest can easily run into the thousands. If you are convicted, you can also be saddled with steep fines, potential jail time and other costly consequences such as driver’s license suspension, court-ordered alcohol treatment or mandatory use of an ignition interlock device. If you are arrested for suspected drunk driving, an experienced DWI defense lawyer may be able to help you avoid or minimize the negative consequences of the arrest.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Neosho Daily News, “
</span>
<a href="http://www.neoshodailynews.com/article/20140701/NEWS/140709803/1994/NEWS/?Start=1" target="_blank" style="display: initial;">
Drive sober this holiday, police warn
</a>
<span style="display: initial;">
,” Dave Horvath, July 1, 2014
</span>
</p>
</div>Could your car's airbag randomly explode?2014-06-28T18:03:39Z2014-06-28T18:03:39Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Cars have come a long ways from the days of Henry Ford’s Model T. That car was so simple, that virtually anyone with a rudimentary knowledge of mechanics could make basic repairs and keep the vehicle running. Of course, it lacked many of the comforts and safety features of modern vehicles.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The technical complexity that allows passengers to survive, sometimes miraculously, serious
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury/car-accidents/" target="_blank" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
, carries its own risks and dangers. As with the unintended acceleration cases, vehicle control systems are so complex that the automobile manufacturers, governmental regulators and NASA, were unable to replicate errors within the systems that resulted in fatal car accidents.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The most recent recall news involves the air bags that are used on millions of cars. Air bags are the now ubiquitous safety device that is designed to inflate milliseconds after a collision and prevent occupants of a vehicle from being violently tossed about during the crash.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The defect appears to be related to the inflators, which can explode unexpectedly and spray the passenger compartment with metal shards from the propellant canister. In one such incident, a woman was struck in the neck and carotid artery. She sued Honda and Takata, the marker of the air bag and reached a confidential settlement.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Honda was part of a recall Monday by car manufacturers that involved three million vehicles. Honda stated it was “aware” of more than 30 incidents with injuries and two fatalities involving defective Takata air bags.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
More recalls could occur, as the air bag manufacturer appears to have problems with their quality control recordkeeping, which means it may be difficult to determine exactly which cars may have the defective air bags.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The New York Times, “
</span>
<a href="http://www.nytimes.com/2014/06/24/business/international/honda-nissan-and-mazda-join-recall-over-faulty-air-bags.html?_r=0" target="_blank" style="display: initial;">
Now the Air Bags Are Faulty, Too
</a>
<span style="display: initial;">
,” Hiroko Tabuchi and Christopher Jensen, June 23, 2014
</span>
</p>
</div>Custody battles involving pets becoming more common2014-06-26T18:03:41Z2014-06-26T18:03:41Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The family pet can be an important member of the family. Many people develop deep-seated emotional attachments to their pets, whether dog, cat, bird or horse, which they do not want to lose in a divorce. This can be all the more so for couples without children.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And during a divorce, which is an emotionally upsetting time on its own, the presence of a beloved dog or cat can help one of the parties get through the emotional trauma that may occur. A dog may provide that unquestioningly loyalty and love that is most needed when other emotional support fails.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While a divorce carries an enormous emotional impact, it is a legal proceeding, governed by the rules set down by the Missouri State Legislature and interpreted by the family courts.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The bad news for pet owners is, unlike children, where the law provides a great deal of guidance for child custody and parenting time determinations, with regard to pets, they are a subject for ordinary
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
property division
</a>
<span style="display: initial;">
<span style="display: initial;">
and if you want the dog, you may have to trade a table and four chairs.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This creates some degree of dissonance for a spouse who is very invested with the pet, is their primary caregiver and loves them deeply. The court may come across as cold and unfeeling, when it is really that courts are not equipped to deal with pets at that level.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
One legal instrument that may help is a postnuptial agreement. You and your spouse can agree by contract after you are married that if you should ever divorce, which pet or pets go with which spouse.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While this may seem a bit much, there are reports of couples who have spent thousands of dollars litigating these issues. An ounce of prevention, as they say.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Daily Beast, “
</span>
<a href="http://www.thedailybeast.com/articles/2014/06/20/divorce-is-going-to-the-dogs-literally.html?utm_hp_ref=divorce&ir=Divorce" target="_blank" style="display: initial;">
Divorce Is Going to the Dogs, Literally
</a>
<span style="display: initial;">
,” Keli Goff, June 20, 2014
</span>
</p>
</div>29 arrested in Missouri drug sweep2014-06-26T18:03:40Z2014-06-26T18:03:40Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Following a lengthy investigation involving a number of different law enforcement agencies, more than two dozen people have been arrested in south-central Missouri drug sweep.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The defendants are facing charges for a wide range of drug-related offenses, including possession and distribution of street drugs like marijuana and heroin, as well as prescription painkillers and other medications. Others caught in the roundup have been charged with crimes relating to drug manufacturing, including manufacturing methamphetamine and growing marijuana.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The investigation leading up to the arrests took place over the course of 30 months and resulted in arrest warrants for approximately 50 individuals. A total of 29 people have been arrested so far in the sweep, and police are still working on tracking down a number of others whose warrants remain outstanding.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Those arrested in the roundup include two 62-year-old residents of a home where police allegedly discovered evidence of a marijuana growing operation, including about three pounds of processed marijuana and 18 marijuana plants. The two have been charged with manufacturing and felony possession of marijuana with intent to distribute.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
When viewed in comparison to
</span>
</span>
<a href="/criminal-defense/drug-possession" style="display: initial;">
possessing illegal drugs
</a>
<span style="display: initial;">
<span style="display: initial;">
for strictly personal use, drug dealing and manufacturing offenses are thought to be more harmful to society. Thus, these crimes are typically dealt with more severely by the legal system.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In addition to facing longer prison sentences and steeper fines if they are convicted, people charged with distribution, manufacturing or other serious drug crimes can often face other consequences such as higher bail. In this case, a judge set bail for the two accused individuals at $100,000 each.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Rolla Daily News, “
</span>
<a href="http://www.therolladailynews.com/article/20140624/NEWS/140629393" target="_blank" style="display: initial;">
Drug roundup nets 29 arrests
</a>
<span style="display: initial;">
,” Eddie O’Neill, June 24, 2014
</span>
</p>
</div>Texting by teen drivers remains a worry2014-06-21T18:03:44Z2014-06-21T18:03:44Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Teens are, as the old saying goes, our future. Sometimes that future can appear rather tenuous, as when a teen driver gets behind the wheel of a car. As any parent of a teen driver in Columbia can attest, there is always some level of concern when a teen driver pulls away, alone for the first time.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While many all drivers face the wide variety of risks when driving, young drivers have even more risk factors than the rest of the driving public. They are young and sometimes inherently reckless. They are very inexperienced. Every road condition, from heavy traffic, to rain and snow, may be their first encounter.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
And they have cellphones. According to a report from the Centers for Disease Control and Prevention (CDC), there are a significant number of teens who admit to texting within the 30 days preceding the survey. The CDC found 41.4 percent admitted they had texted while driving.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Texting while driving is of great concern for teen drivers, because they grown up never knowing a world where they cannot instantly connect via the glowing piece of glass in their hands.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Studies have shown the danger of texting is similar to drunk driving, which 10 percent of teen drivers also admit to.
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury/car-accidents/" target="_blank" style="display: initial;">
Car accidents
</a>
<span style="display: initial;">
, in addition to fatalities, also cause millions of injuries every year.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Determining the cost of a life-long set of injuries to a teen driver is a complex calculation, and an attorney’s goal in these cases is to ensure the compensation is adequate to provide for all of their needs.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
However, avoiding these types of accidents should be driver’s goal.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: NBCNews.com, “
</span>
<a href="http://www.nbcnews.com/health/kids-health/teen-smoking-sex-hit-new-lows-texting-fat-are-new-n129541" target="_blank" style="display: initial;">
Teen Smoking, Sex Hit New Lows But Texting, Fat Are New Dangers
</a>
<span style="display: initial;">
,” Maggie Fox, June 12, 2014
</span>
</p>
</div>Hiding of marital assets in with Bitcoin2014-06-21T18:03:43Z2014-06-21T18:03:43Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
During a divorce, especially a high-asset divorce, it is very important to identify and locate all of the marital assets. This is because modifications to property division in a divorce, in Missouri and virtually every state are very difficult to obtain.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Unlike an order for child custody, child support or spousal support, which can be modified with a showing of a significant or substantial change in the circumstance of the parties, to modify the division of marital assets typically requires a showing of actual fraud, which may be difficult and expensive to prove.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
A divorce that involves parties with significant incomes or who own and operate their own business or professional practice will result in a
</span>
</span>
<a href="/family-law/property-division" style="display: initial;">
complex asset division
</a>
<span style="display: initial;">
, and there will be increased opportunities for hiding assets. This may force the other party to obtain additional professional assistance to track those assets or income, such as a forensic accountant.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
With the development of the Bitcoin, this problem will only increase. While parties to a divorce required to disclose all of their assets, a party interested in this type of deception may be willing to risk court sanctions.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Bitcoins are a digital currency that would not show up on standard banking or government transaction records and may demand a fair amount of investigation to discover and track.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Because of their novelty, many parties and courts may be unaware of the potential, and may not specifically list them on disclosure orders. If your spouse has a business and it accepts payment for services in Bitcoin, it may be a warning that you and your attorney will need to employ increased diligence in locating all of your marital assets.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Daily Finance, “
</span>
<a href="http://www.dailyfinance.com/2014/06/16/bitcoin-high-tech-way-hide-assets-divorce/" target="_blank" style="display: initial;">
Bitcoin: The New, High-Tech Way to Hide Assets in a Divorce
</a>
<span style="display: initial;">
,” Robert Pagliarini, June 16th 2014
</span>
</p>
</div>High Asset DivorceForistell, Missouri, man accused of dragging trooper in DWI stop2014-06-19T18:03:45Z2014-06-19T18:03:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A Foristell, Missouri, man is facing an assault charge related to an alleged drunk driving traffic stop in St. Charles. Assault on a government worker charges in Missouri are serious offenses. The statutes list a wide number of positions that may involve these similar types of alleged crimes, ranging from a law enforcement officer to utility workers or emergency personnel. Assault on a law enforcement officer is a felony level offense that can be added on top of other charges, like a Missouri DWI offense.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Authorities say that a Missouri State trooper sought to pull over a driver to investigate a potential drunk driving incident on Interstate 70. News reports do not indicate what led the trooper to suspect that the driver may have been impaired. Authorities believe that the driver pulled over; however, when the trooper approached the stopped car, authorities claim that the driver fled the scene in his vehicle.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The trooper apparently had become entangled with the car before the driver pulled away from the traffic stop. Police claim that the trooper was dragged for a few yards, resulting in road rash and scrape injuries. The trooper called in to report the incident and provided a description of the vehicle.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Police in St. Peters, Missouri, made a stop of a car a short-time later. The driver, a 42-year-old Foristell resident, was taken into custody on suspicion of felony assault on an officer and DWI charges. It is not clear what evidence police obtained related to the DWI allegations.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Connect Mid-Missouri KRCG 13, “Driver hits, drags trooper on I-70,” Associated Press, June 19, 2014
</span>
</p>
</div>Former Macks Creek teacher sentenced in student rape case2014-06-12T18:03:48Z2014-06-12T18:03:48Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Just last week we discussed criminal charges leveled against a Missouri teacher involving allegations of sex crimes. Allegations of sexual offenses can result in significant consequences that are not associated with many other types of offenses, including potential sexual offender registration requirements depending on the type of the criminal charge. When a teacher is accused of a crime, professional licensing issues may follow.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
When police question a person about an incident, information about other potential crimes may come to light. In general, a person suspected of a crime has the right to remain silent regarding his or her possible involvement in an offense. But, police often derive information from one person that may implicate another, and the right to be free from self-incrimination is not implicated in such a situation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In August 2012, a Miller County deputy says that a 15-year-old girl was being questioned about an undisclosed incident when she allegedly stated that her former English teacher was the father of her 1-year-old child. Law enforcement apparently was not investigating issues related to the child’s birth. Nonetheless, the information was forwarded to the Camden County Sheriff’s Department.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The teacher, who had left the Macks Creek School District before the allegations came to light, pleaded guilty to statutory rape in April. The charge carries a potential sentence of two to five years in prison. On June 10, the judge ordered the man to serve five years. A sexual offender assessment will be conducted, and depending upon the information that is found in the final report, the judge may modify the terms of the sentence, including potentially placing the former teacher on probation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Lake News Online, “
</span>
<a href="http://www.lakenewsonline.com/article/20140610/NEWS/140619835" target="_blank" style="display: initial;">
Former Macks Creek teacher sentenced to five years in prison for rape of a student
</a>
<span style="display: initial;">
,” June 10, 2014
</span>
</p>
</div>Do more truck drivers suffer from fatigue today?2014-06-12T18:03:47Z2014-06-12T18:03:47Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The deadly truck crash last weekend that killed a friend of Tracy Morgan and left him with severe injuries appears to have been caused by a fatigued truck driver. A prosecutor has charged him with vehicular homicide and assault and alleged that the driver had not slept for 24 hour.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Remarkably, the trucking industry claims that a new 14-hour workday limit has hampered their flexibility, and means that a truck driver “can’t stop and take a break” to rest or wait out bad weather.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It is always interesting that the industry becomes concerned about truck drivers being able to take breaks and place the blame on government regulations, when it is the industry that creates the schedules and timetables that the drivers must follow.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If ensuring truck drivers were adequately rested was truly important, they would structure the schedules to make certain that weather or traffic were accounted for, instead of writing such a tight schedule that a driver finds it necessary to maximize their time behind the wheel.
</span>
</p>
<p>
<span style="display: initial;">
A study of truck crashes in 2005 found that 13 percent of truck crashes involved drivers who were fatigued.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<a href="/personal-injury/truck-accidents" style="display: initial;">
Truck accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
and fatalities have begun to increase again, as the volume of truck traffic rises post-recession. In 2012, large trucks were averaging 868 crashes every day. Out of those crashes, there were 11 deaths and 200 accidents resulting injuries. And most of those who die, are the occupants of the other vehicles.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A semi-truck can weigh 40 tons and moving at interstate speeds results in a crash with the destructive force of a bomb. Place a tired truck driver in the cab and it becomes as dangerous as a bomb.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/2014/06/08/truck-safety_n_5468742.html" target="_blank" style="display: initial;">
Just Days Before Tracy Morgan Accident, Senate Moved To Weaken Trucker Fatigue Rules
</a>
<span style="display: initial;">
,” Melissa Jeltsen, June 8, 2014
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/2014/06/08/truck-safety_n_5468742.html" target="_blank" style="display: initial;">
Just Days Before Tracy Morgan Accident, Senate Moved To Weaken Trucker Fatigue Rules
</a>
<span style="display: initial;">
,” Melissa Jeltsen, June 8, 2014
</span>
</p>
</div>Teen traffic deaths, while down, are still a major problem2014-06-09T18:03:49Z2014-06-09T18:03:49Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
One of the sad realities out on the roads is that motor vehicle accidents sometimes occur that take people’s lives. Tragically, many of the victims of
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
fatal car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
here in Missouri and the rest of the country are young people who had much of their lives still in front of them: teenagers.
</span>
</span>
</p>
<p>
<span style="display: initial;">
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</span>
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According to a recent report from the General Motors Foundation, U.S. auto accidents killed 2,439 teenagers in 2012. The report said that this made traffic accidents the top killer of teens that year here in America. Over half of the teens that died in U.S. motor vehicle crashes in 2012 were behind the wheel at the time of the accident.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
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<span style="display: initial;">
The one silver lining when it comes to recent statistics on teen traffic fatalities is that such deaths do seem to be going down. According to the above-mentioned report, the teen auto accident fatality total from 2012 was 56 percent lower than the 2002 total. Insurance Institute for Highway Safety statistics indicate that the 2012 totals also were down as compared to the 2011 totals.
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</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
While such drops are obviously a good thing, teen traffic death levels are still far too high. Thus, one hopes that preventing such fatalities remains a high priority.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
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<span style="display: initial;">
One thing that can help in the prevention of such deaths is teens making sure to act safely and responsibly when in automobiles. This includes avoiding distractions when driving and always wearing a seat belt when driving or riding in a car.
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<span style="display: initial;">
<br/>
</span>
</p>
<p>
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Of course, the conduct of teens is not the only thing that can impact the likelihood of teen traffic fatalities occurring, so too can the conduct of motor vehicle drivers generally. Thus, safe driving among all drivers is another important component of preventing teen motor vehicle fatalities.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
There are few things that are more tragic to a family than losing a teenage child in a traffic accident. In such circumstances, experienced personal injury attorneys can help a family with the legal matters related to the accident, so the family can focus their energies on emotionally supporting one another through this difficult time.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Los Angeles Times, “
</span>
<a href="http://www.latimes.com/business/autos/la-fi-hy-auto-accidents-top-teen-killer-20140603-story.html" target="_blank" style="display: initial;">
Auto accidents are No. 1 cause of death for U.S. teens
</a>
<span style="display: initial;">
,” Charles Fleming, June 3, 2014
</span>
</p>
</div>"Unimaginably and irrevocably changed"2014-06-06T18:03:50Z2014-06-06T18:03:50Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Car accidents cause terrible disruptions in the lives of millions of families every year. From a few broken bones and soreness to fatal car and truck accidents, few are ever the same after a crash. What is most tragic is that with rare exceptions, almost all of the accidents are unnecessary.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
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<span style="display: initial;">
And no type of accident is more unnecessary than drunk driving. No one ever has to drive drunk. It is a voluntary decision. The drunk driver could take a cab or have a sober friend drive, but instead they get behind the wheel and cause a
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
fatal motor vehicle accident
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<br/>
</p>
<p>
Such was the case of a Columbia man who was driving drunk and crashed into a truck, which flipped, and two of the three occupants were thrown from that vehicle. One woman died and a man remains in a coma since the December 2012 accident.
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The underage drunken driver had requested at the sentencing that he receive 120 days substance abuse treatment program and serve the remaining seven years of the sentence for first-degree involuntary manslaughter on probation, but the judge refused.
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</span>
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<span style="display: initial;">
She said he did not have a drinking problem, but choose to drink and drive. The victims’ families testified as to their pain and loss of “togetherness.” The sister of the man in the coma noted that their lives were all “unimaginably and irrevocably changed.”
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<span style="display: initial;">
The families have sued the comedy club where the man was served alcohol.
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Alcohol and cars form a deadly combination. Imagine, for the price of a cab fare, this man could have avoided seven years in jail, one man would not be in a coma and a young woman would still be alive.
</span>
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</span>
</p>
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<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: Columbia Daily Tribune, “
</span>
<a href="http://www.columbiatribune.com/news/crime/gordon-gets-seven-years-in-prison-for-crash-that-killed/article_a3bd7e0e-eab0-11e3-b149-0017a43b2370.html" target="_blank" style="display: initial;">
Gordon gets seven years in prison for crash that killed woman, left man in coma
</a>
<span style="display: initial;">
,” Alan Burdziak, June 3, 2014
</span>
</p>
</div>Missouri teacher accused of sex crimes involving 2 students2014-06-03T18:03:52Z2014-06-03T18:03:52Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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We have discussed the topic of sexting on more than one occasion on this blog. The trend of people sharing sexually explicit material through cellphone communications seems to be continually on the increase across the country. Unfortunately, sexually explicit material shared through cellphone communications can result in criminal charges in some situations if minors are allegedly involved.
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</p>
<p>
<span style="display: initial;">
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</span>
</span>
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The father of a student in Joplin, Missouri, claims that he found numerous naked photos of an adult woman on his son’s cellphone. The father says that the images depicted a 32-year-old teacher. He says that he talked to the teacher about the images, and further claims that the woman admitted having sent the photos to the man’s son, who is a 16-year-old student.
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</p>
<p>
<br/>
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<span style="display: initial;">
School officials received a tip about possible sex crimes involving a woman who teaches 9th and 10th grade communication arts. The school notified police and the woman is now accused of unlawfully sending sexually explicit images to the teen, as well as having sex with another 16-year-old student on two consecutive days in May.
</span>
</p>
<p>
<br/>
</p>
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<span style="display: initial;">
Authorities say that the student with the alleged cellphone images told police that the teacher had sent him between 25 and 40 pictures and that the two had contemplated having sex together.
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</p>
<p>
<br/>
</p>
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<span style="display: initial;">
A second student claims that the woman followed him home on two consecutive days in May to engage in sex. The woman is charged with several offenses including statutory rape, sodomy and unlawfully supplying a minor with pornographic materials. The woman was released on $7,500 bond on Friday, according to the Joplin Globe.
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<p>
<br/>
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<span style="display: initial;">
School officials say that in March the woman was not planning to return for next year’s school year. She submitted her resignation. When the allegations of potential sex crimes broke, the woman was placed on leave. Her contract with the school ends this week.
</span>
</p>
<p>
<br/>
</p>
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<span style="display: initial;">
Notably, when a teacher is accused of a sex crime, the potential issues can be complicated. People who hold a professional license, such as an educator, may experience an adverse impact on their license if a conviction is entered in the criminal case.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Joplin Globe, “Charges filed against Joplin teacher,” Susan Redden, May 30, 2014
</span>
</p>
</div>Missouri man indicted on federal charges in OD death2014-05-29T18:03:53Z2014-05-29T18:03:53Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When a person dies from a drug overdose, law enforcement may open an investigation in hopes of tracking down where the drugs came from. The Centers for Disease Control and Prevention says that deaths caused by drug overdoses, including prescription medication overdoses, have been on the rise over the past 20 years. The CDC says that more people die from overdoses than are killed in motor-vehicle accidents.
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</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
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<p>
<span style="display: initial;">
The trend apparently is not going unnoticed by the law enforcement community as agencies and prosecutors all across the nation seek ways to file charges related to these tragedies. Last October we discussed charges in Missouri against two teens related to an alleged synthetic drug overdose death. State prosecutors added a manslaughter charge related to that case in January.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Last week, federal prosecutors announced that a grand jury returned a federal indictment against a 27-year-old man that alleges the man supplied drugs to a Columbia teen who died from an overdose of heroin early April. Originally, federal authorities accused the man of distributing drugs to a minor.
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</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The federal complaint has now been replaced by an indictment that accuses the man of distribution of drugs causing death. Notably, the medical examiner has not made official findings as yet on the cause of death in the April incident, according to the Columbia Tribune.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Police believe that two men may have been involved in supplying the teen with drugs, according to court documents. However, authorities say that the man who was indicted last week admitted giving the teen heroin before leaving the motel room. Authorities say that the man returned to the unit at around 10:00 in the evening to find the female in distress. Police say that the man attempted CPR at some point during the night. He ultimately called emergency responders around 4:00 in the morning.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Federal drug crime statutes have a vast number of provisions, including harsh consequences related to allegations of supplying drugs that are allegedly linked to a fatal overdose. Federal penalties for a criminal offense may often be stricter than charges arising in state court proceedings.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Columbia Tribune, “
</span>
<a href="http://www.columbiatribune.com/news/crime/federal-grand-jury-indicts-man-on-charge-of-supplying-heroin/article_bc3e2792-e125-11e3-96ce-001a4bcf6878.html" target="_blank" style="display: initial;">
Federal grand jury indicts man on charge of supplying heroin to teenager
</a>
<span style="display: initial;">
,” Alan Burdziak, May 22, 2014
</span>
</p>
</div>Missouri fatal motor vehicle accidents: 1 dead in Columbia2014-05-28T18:03:54Z2014-05-28T18:03:54Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Due to the large number of vehicles that are on a Missouri roadway at any given moment, it isn’t uncommon for car accidents to occur. Unfortunately, some of these accidents turn deadly, especially when more than one vehicle is involved. One of Missouri’s most recent fatal motor vehicle accidents left one individual dead and another person seriously injured.
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<p>
<span style="display: initial;">
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The accident involved two vehicles. Once notified, the fire department was on the scene within three minutes. Both drivers had to be extracted from their respective vehicles.
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</p>
<p>
<br/>
</p>
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<span style="display: initial;">
One person was pronounced dead at the site of the crash. Another person was transported to a local hospital and was reported to have life-threatening injuries. There were no passengers in either vehicle.
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</p>
<p>
<span style="display: initial;">
Currently, the cause of the accident is unclear. However, an investigation is ongoing. If the driver who survived is deemed to have been at fault, criminal charges could apply. Moreover, the family of the deceased driver may choose to move ahead with a wrongful death lawsuit. On the other hand, if the deceased driver is thought to have been responsible for the crash, his estate could face liability claims on behalf of the seriously injured driver.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
It can be extremely difficult for victims and families of victims to move past such a tragic event in their lives. This is true even when a person pays criminally for their negligence and involvement of one of Missouri’s fatal motor vehicle accidents. Sometimes, a civil claim may be a viable option to obtain a sense of justice being served. A successfully litigated claim may offer financial restitution for medical expenses, burial costs, emotional anguish and other related damages.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Columbia Daily Tribune, “
</span>
<a href="http://www.columbiatribune.com/news/local/route-b-crash-kills-one-injures-another/article_9ea30546-dc38-11e3-a9d3-0017a43b2370.html" target="_blank" style="display: initial;">
Route B crash kills one, injures another
</a>
<span style="display: initial;">
“, , May 15, 2014
</span>
</p>
</div>Memorial Day weekend to see increase in motorists2014-05-23T18:03:55Z2014-05-23T18:03:55Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The promise of warmer weather and the memories of the atrocious winter have primed many Americans to travel this Memorial Day weekend. But highway travel always comes with a price, and that price may include more than the cost of gas.
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</p>
<p>
<span style="display: initial;">
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</span>
</p>
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<span style="display: initial;">
<span style="display: initial;">
An estimated 382 could die in
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
this weekend, beginning Friday night through Monday evening. In addition, the AAA projects that more than 40,000 injuries will occur that will require some medical attention.
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</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
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<span style="display: initial;">
The traffic on the road will feel heavier because it will be heavier, with a post-recession high of 31.8 million people driving more than 50 miles over the weekend. Here in Columbia, there is likely to be increased traffic heading down to the Ozarks for the weekend, including many travelers from other parts of Missouri.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Nothing will ruin your holiday weekend faster than having a car accident before you even leave the city limits of Columbia, so give yourself extra time and take it easy. You don’t want to have to speak to your insurance agent or a car accident attorney.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Traffic on Friday afternoon is likely to be heavy and the roads could be jammed with car, boat and recreational vehicles, which will slow things down even more. Avoid the stress by leaving early or, perhaps, later. You may not arrive much later and you may be much more relaxed.
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</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And in these conditions, there will be less room for error, so don’t drink and drive, and let a passenger do the talking if you need to call someone. Distracted driving is all the more dangerous when traffic is congested and you may have to suddenly stop.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In addition, wear your seatbelt; it will increase your chances of surviving an accident and law enforcement will be looking for violations with the Click it or Ticket program.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Cars.com, “
</span>
<a href="http://blogs.cars.com/kickingtires/2014/05/aaa-forecasts-increase-in-memorial-day-weekend-traffic.html" target="_blank" style="display: initial;">
AAA Forecasts Increase in Memorial Day Weekend Traffic
</a>
<span style="display: initial;">
,” Jennifer Geiger, May 21, 2014
</span>
</p>
</div>New Florence woman charged in kid's shooting incident2014-05-21T18:03:57Z2014-05-21T18:03:57Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A shooting incident in New Florence, Missouri, has led to criminal charges for the mother of the boy authorities believe fired the weapon. The charges, however, are not directly related to a weapons offense, but are more directly associated with alleged criminal negligence that creates substantial risk of harm to a child under the age of seventeen.
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</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Police believe that a 14-year-old boy fired a shotgun, hitting an 11-year-old girl in the throat. The girl was hospitalized with the gunshot wounds; her condition was not reported in a recent account from Mid-Missouri’s ABC 17 News.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Police believe that the boy had access to several guns and ammunition without proper training in the use of firearms. Prosecutors say that the mother knowingly allowed the boy to use the weapons before the horrible accident occurred over the weekend. Authorities claim that the mother told investigators that school officials had told her that the boy had displaying suicidal thoughts.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The woman was taken into custody Monday on suspicion of endangering the welfare of a child in the second degree. The child endangerment charge can rely on a laundry list of different factors; actual injury is not a necessary element of the offense, which is generally classified under Missouri law as a class A misdemeanor. The charge may rise to a felony if the allegations include that the offense was committed as part of some kind of ceremony or ritual.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Investigators are still trying to determine what was involved in the shooting. The boy was taken to a juvenile facility, although it is not clear what authorities plan to do related to the child. The mother was processed in Montgomery County and later released on bail.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: ABC 17 News, “Mother charged in son’s shooting of 11-year-old girl,” updated May 20, 2014
</span>
</p>
</div>Second-trimester pregnancy sees increased risk of car crash2014-05-16T18:03:58Z2014-05-16T18:03:58Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Driving is a multi-facetted activity. We have to control the vehicle, drive at an appropriate speed for the posted limits, and that is permitted by traffic and weather. We have to know where we are going, or rely on a map or a GPS, which we have to check from time to time to ensure we don’t miss a turn and our destination.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
We have to drive defensively, watching for other driver’s mistakes and errors. And we have to fight our own distraction, stemming from our own desire to check to see what the text that just arrived says or discuss a business meeting with a passenger, or even break-up a disagreement between siblings in the back seat.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And we have to do this all at the same time.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
For pregnant women in their second trimester, all of this can be a problem. A study looked at the driving records of 500,000 women who gave birth and then examined
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</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car crashes
</a>
<span style="display: initial;">
<span style="display: initial;">
that sent women to emergency rooms that occurred before and after the pregnancy.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The researchers found that there was a significant increase in car accidents during the second trimester. An author of the study noted that pregnancy is disruptive for most women, with “fatigue, nausea, insomnia, anxiety and distraction” all being common experiences, which can negatively affect driving abilities.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While the study suggests that pregnant women should exercise additional care when driving during the second trimester, the author of the research commented that they should not let “young men” do their driving, because somewhat incongruously most young men have worse driving outcomes than pregnant women in the second trimester.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: USA Today, “
</span>
<a href="http://www.usatoday.com/story/news/nation/2014/05/12/pregnant-driver-study/8995615/" target="_blank" style="display: initial;">
Study: Pregnant drivers may have more car crashes
</a>
<span style="display: initial;">
,” Kim Painter, May 12, 2014
</span>
</p>
</div>Bill could change Missouri motorcycle helmet law2014-05-09T18:03:59Z2014-05-09T18:03:59Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Motorcycle helmets and the laws governing them are always contentious. From their high-water mark back in the 1970s, mandatory state laws governing the wearing of helmets for motorcycle riders have been slowly eroding. A recent proposal in the Missouri House of Representatives would further erode the Missouri law. The change would allow motorcycle riders, 21-year-old and older to decide whether they want to wear a helmet.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Currently, all riders must wear a helmet, even those who are just passing through west on I-70 or heading south to Lake of the Ozarks. Many riders feel wearing a helmet is a personal choice and that choice is part of the freedom of the open road. To many members of the Highway Patrol, Sherriff’s Departments and emergency medical personnel, who have to deal with the aftermath of a
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accident
</a>
<span style="display: initial;">
, helmets seem like common sense.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Some motorcyclists point to the need to improve safety training for riders, and ways to reduce drunk and drugged driving. And those are relevant points, but most safety advocates would argue that improving motorcycle safety is a package, and that removing the one physical protection available, the helmet, is foolish.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
No matter how experienced a rider, there is always the risk of overconfidence bias and complacency when occurring.
</span>
</p>
<p>
<span style="display: initial;">
On a warm spring day, riding over dry pavement on a picturesque road through the rolling hills of Missouri, it is easy to let the mind wander, and a rider can forget that is highly abrasive asphalt that is moving at 80 feet per second inches from his or her feet.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The bill still has to clear the House and the Senate before the Governor would have a choice to sign the it, and make it law, or veto it.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Ozarksfirst.com, “Missouri House Considers Motorcycle Helmet Law Change,” May 1, 2014
</span>
</p>
</div>Texting and driving-what can be done?2014-05-02T18:04:01Z2014-05-02T18:04:01Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Texting while driving has been long recognized to be a danger. The act of picking up a phone and reading the text or using our fingers to type out the letters of a text is a significantly taxing activity for the brain. We know this type of distraction leads to
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
, and various solutions have been proposed to prevent this distraction from becoming deadly.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Researchers attempted to make texting a speech-driven activity, where the device would read the text to the driver, the driver could speak the words, and the device would translate the spoken words to text. This should solve the distraction problem, as there would be no looking at the screen or attempting to type the text with our fingers.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Wrong. The researchers found the system was even more distracting than using hand-held texting. Language usage is a very complex activity, and it takes the brain’s focus away from driving.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The act of creating a text or even speaking on a phone is distracting, and when combined with the equally complex act of driving a motor vehicle, makes for a dangerous mix.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The urgency in fixing this problem due to the fact that those teens who are obtaining their licenses this year have never known a world without an internet and cellphones. Many have had their own phones since grade school, and texting is as second nature as breathing. The genie cannot be placed back into the bottle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This suggests the distracted driving problem could grow immensely worse, as we have more drivers who have so internalized texting and driving that they would be unable to ever willingly stop. How can they stop a behavior they do not even realize they are engaged in?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Technology may offer a solution. Apple is apparently working on a feature that would allow texting to be locked-out while a vehicle is in motion. It may be the only option, as it may not be possible to legislate this behavior any longer.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: NPR.com, “
</span>
<a href="http://www.npr.org/blogs/alltechconsidered/2014/04/24/306521769/how-your-phone-could-save-your-teen-s-life-and-yours" target="_blank" style="display: initial;">
Using Technology To Fix The Texting-While-Driving Problem
</a>
<span style="display: initial;">
,” Jessica Glazer, April 24, 2014
</span>
</p>
</div>Marriage stress can cause symptoms of depression, study finds2014-05-01T18:04:02Z2014-05-01T18:04:02Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Humans are social animals, and studies have shown that marriage generally has a positive effect on people. Marriage may not always produce that positive effect if the couple’s relationship begins to sour. Few people divorce on the spur of the moment, and when clients come to us, problems and difficulties have often been simmering for long periods of time, often with some crisis driving a husband or wife to a
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce
</a>
<span style="display: initial;">
<span style="display: initial;">
attorney.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The tension and stress of a marriage gone wrong is rarely an attractive sight. While we may have suspected that this type of stress is unhealthy, new research from the University of Wisconsin-Madison has found a connection between this stress and a potential symptom of depression.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The study tracked couples for 11 years, and it assessed their mental state by asking questions related to marital stress, such as disappointment or tension related to their spouse. After nine years, they were again assessed and then, two years later they were given lab tests to measure their emotional relations.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Spouses who were under stress from the marriage on a continual basis were less likely to respond to positive stimuli. This can be a symptom of depression, according to the study authors and they noted that it is an “extraordinarily important” consequence of stress in a marriage.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Relationships are important for all individuals, and when such a significant relationship as marriage has become a source of chronic stress, it may cause more harm to the individuals than the secondary effects of a divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/2014/04/28/marriage-stress-study_n_5228122.html?utm_hp_ref=divorce&ir=Divorce" target="_blank" style="display: initial;">
Stressful Marriages Linked To Depression In New Study
</a>
<span style="display: initial;">
,” Taryn Hillin, April 28, 2014
</span>
</p>
</div>Do you think hands-free phones are safer?2014-04-26T18:04:04Z2014-04-26T18:04:04Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When we get behind the wheel, we need to remember that we have changed our role from that of sitting in an office or at home. Driving a vehicle is one of the most complex activities we do during the course of a day, but because we engage in this activity virtually every day, sometimes for hours at a time, we often fail to recognize how complex it is.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
And it becomes more dangerous when we add some type of distraction to the mix. The current favorite method of distraction in a motor vehicle is the omnipresent cellphone. Many people treat their cars as phone booths, instantly picking up the phone when the turn the key, and talking non-stop until they reach their destination. If they reach their destination.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
With distracted driving being involved with a significant number of
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
, many Americans believe hands-free phones are the answer. A survey found 80 percent of motorists believe this to be true, despite research showing this is incorrect.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It is not holding the phone that is the problem, but the act of thinking about the conversation. Research indicates that humans do not really multi-task very well and the dangerous distraction results from the brain focusing on the phone and not the road.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Car manufacturers, in an effort to sell more cars by offering more features on their vehicles, are now adding to vehicles many hands-free electronic systems, all of which can distract the driver. Yet more than half of those responding to a poll think that if the device is built into their car or truck, it must be safe.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While many activities can distract a driver, because of their very ubiquity in our lives, cellphones are particularly worrisome. Many may not even recognize that they are speaking on a phone or reading a text when they enter their car.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Insurance Journal, “
</span>
<a href="http://www.insurancejournal.com/news/national/2014/04/15/326289.htm" target="_blank" style="display: initial;">
Why Hands-Free Cell Phones Are Not Safer: Safety Council
</a>
<span style="display: initial;">
,” April 15, 2014
<br/>
</span>
</p>
</div>A divorce may be good for your business2014-04-26T18:04:03Z2014-04-26T18:04:03Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Divorce is personal. Really personal. When something goes wrong in a relationship, it may be very difficult to fix, and it may have been very difficult to predict just what would go wrong. A small business relationship, with two owners, is a great deal like a marriage, and some business owners might spend more time with their co-owner than with their spouse.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This, of course, can lead to problems and potentially a divorce. But what if the co-owners of the business are also spouses? This can be a marriage made in heaven, or that other place, depending on how well each aspect of the two relationships interacts.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Many a time, the failure of the marriage foreshadows the demise of the business. The two people develop such an aversion to each other that the prospect of working together becomes abhorrent.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
There can be, glaring exceptions to the rule. One couple profiled on NPR discussed how, in spite of their divorce, their business, a public relations firm, has done well. They were able to separate the elements of their personal relationship from those of their business.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This kind of compartmentalization may be difficult for most, but if your livelihood depends on the business, you may have to put aside those personal issues, go through with a divorce, and then move on and run the business.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This can be a concern for family businesses, especially those where sons- or daughters-in-law join the business. In these cases, it may be important to consider the use of prenuptial agreements, or other legal instruments to protect the business.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If an in-law becomes a crucial member of the business, however, it may be necessary to consider that in both your family and business law planning.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: NPR.com, “
</span>
<a href="http://www.npr.org/2014/04/17/303677185/when-divorce-leads-to-a-happily-ever-after-for-a-small-business" target="_blank" style="display: initial;">
When Divorce Leads To A Happily Ever After For A Small Business
</a>
<span style="display: initial;">
,” Yuki Noguchi, April 17, 2014
</span>
</p>
</div>Former Mizzou Price player charged with felony tampering2014-04-25T18:04:06Z2014-04-25T18:04:06Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Earlier this month we reported that Missouri basketball player Zach Price was arrested on suspicion of assault charges. On April 3, Price had more than one brush with the law. During the early morning, as we previously discussed, Price was arrested after an alleged altercation in the Stadium Boulevard area. It turns out that police a second time that same day on suspicion of assault near Rock Bridge Elementary. The basketball team later cut ties with the 20-year-old.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Prosecutors now claim that Price engaged in unlawful tampering with a vehicle related to the events in early April. Tampering in the first degree is a class C felony under Missouri law. Price faces a statutory maximum of up to 7 years in prison on the felony charge. Authorities say that more charges could follow, as the investigation is ongoing.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
An arrest is but one step that a person may face after an investigation opens. As time passes, and prosecutors pore over the allegations, other charges may often follow. In fact, charges may not necessarily be filed for a period of time after an initial arrest. In other cases, charges may be tacked on at a later date.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Notably, a person suspected of a crime does not have to wait for formal charges to seek the representation of a criminal defense lawyer. As the state reviews evidence and begins building a case, law enforcement may also continue working to gather more evidence. Often, police may seek to question a person throughout the process.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A person suspected of a crime has the right to representation during questioning. But the right is fragile and may be waived if the person does not affirmatively assert the right.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Kansas City Star, “
</span>
<a href="http://www.kansascity.com/2014/04/24/4980281/former-mu-basketball-player-zach.html" target="_blank" style="display: initial;">
Former MU basketball player Zach Price charged in car-ramming incident
</a>
<span style="display: initial;">
,” Tod Palmer, April 24, 2014
</span>
</p>
</div>Should no fault divorce laws be changed?2014-04-19T18:04:07Z2014-04-19T18:04:07Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
No-fault divorce laws were passed to eliminate artificial barriers to divorce that served little purpose. A history of divorce in America notes that at one time, couples seeking divorce would stage “adulterous scenes” complete with a “mistress” and a photographer, to enable them to provide evidence to the court of the necessary adultery component of a divorce proceeding.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Some states are seeing varying types of legislation introduced that would attempt to begin moving divorce law back to that time. From waiting periods to the creation of covenant marriage, these attempts, some subtle, other highly restrictive are designed to “fix” a problem, that of easy divorce. But we should ask if that really is the problem.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
No one wants to be trapped in a loveless marriage, let alone a violent or abusive one. Yet many of the proposals, which tend to make divorce more time consuming, therefore more expensive and more limited in its availability, could have that affect.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Sure, some divorces are conflict-ridden, as parents fight over
</span>
</span>
<a href="/family-law/child-support" style="display: initial;">
child support
</a>
<span style="display: initial;">
<span style="display: initial;">
and child custody and virtually everything else. However, making divorce more difficult and expensive is unlikely to kindle a kind and affectionate generosity in these couples.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Dragging out the process is only likely to make them more bitter and combative and it is their children who will suffer the most. Ironically, they are the parties who are purportedly to be helped by these changes.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If you are considering divorce do you really believe that waiting another six months or even two years, will really change your mind? And if you obtain a divorce and you change your mind, there is always an easy solution available, with no waiting period: remarriage.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Washington Post, “
</span>
<a href="http://www.washingtonpost.com/opinions/conservatives-arent-just-fighting-same-sex-marriage-theyre-also-trying-to-stop-divorce/2014/04/11/5f649bd6-bf48-11e3-bcec-b71ee10e9bc3_story.html" target="_blank" style="display: initial;">
Conservatives aren’t just fighting same-sex marriage. They’re also trying to stop divorce
</a>
<span style="display: initial;">
,” Scott Keyes, April 11, 2014
</span>
</p>
</div>Three die in horrific head-on collision on Missouri road2014-04-18T18:04:08Z2014-04-18T18:04:08Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
One of the terrible elements of a fatal car accident is that of a life cut short. A person heads out to work in the morning, or off to school. And they never come back. There is no goodbye. For their family, there is no preparation, just empty silence and an empty garage stall.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Last week, three residents of Sullivan, Missouri where killed in a
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
head-on collision
</a>
<span style="display: initial;">
<span style="display: initial;">
on Highway 185. They were traveling in a Mazda 626 heading south when a Dodge pickup truck attempted to pass another vehicle, when it struck their Mazda. The driver and two passengers were apparently killed at the car accident scene. The driver of the pickup was flown in serious condition to a local hospital.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The pictures that accompany the story of the two vehicles shows the horrific damage caused by the head-on crash. The entire front of the Mazda is unrecognizable, while the pickup is crumpled from the force of the collision and charred, having caught fire after the crash.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Three families mourn the loss of those killed. The pain of receiving that phone call from the Missouri State Highway Patrol is indescribable. Family and friends, left in shock and disbelief. Numbed by pain. How could it have happened?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
They will always ask why the pickup driver tried to pass at that point. Was he distracted? Drunk? Texting on a phone?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Maybe an investigation by the Highway Patrol or during a wrongful death lawsuit will produce more information. The other driver, if he recovers, may never remember what he was doing right before the accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Whatever the reason, it is a painful reminder that driving is deadly serious business, and we need to devote all of our attention to that and that alone when we are behind the wheel of a vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Sullivanjournal.com, “3 Sullivan residents killed in crash,” April 12, 2014
</span>
</p>
</div>Aldon Smith arrested after alleged airport bomb comment2014-04-14T18:04:09Z2014-04-14T18:04:09Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Aldon Smith was arrested on suspicion of making a false bomb threat at a West Coast airport on Sunday. The former University of Missouri football player is suspected of making a comment about having a bomb as he passed through airport security. The FBI is investigating the matter. Smith, who plays professional football with the 49ers, was selected for random screening at the airport.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
A TSA official claims that Smith stated he had a bomb. Airport police later met with the football player in the terminal. Authorities say that Smith was placed under arrest after being uncooperative with law enforcement.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
People in the United States are generally accustomed to being able to make comments in public. However, federal law prohibits making a bomb threat at an airport. A variety of criminal laws seek to impose limits on threatening speech.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In Missouri, for example, state law makes it a crime to make a terroristic threat. Communicating a false report of some kind of impending danger intending to cause fear in ten people or more, or with the intent to cause an evacuation of a building, are among the kinds of allegations that may lead to Missouri terroristic threat charges.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In the recent incident involving Smith, no formal charges have been filed.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Smith does have two open cases pending in criminal court. Authorities accuse the football player of weapons charges in the West Coast- – he has pleaded not guilty to the felony offenses. He is also facing drunk driving charges from allegations dating back to January 2012.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A person suspected of one, or several offenses, has the right to defend against the allegations. Each criminal defense investigation may begin before charges are formally filed. A person suspected of a crime may request to have an attorney present for any police interrogation as law enforcement pursues the probe.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: St. Louis Post-Dispatch, “49ers’ Aldon Smith arrested for airport bomb threat,” Associated Press, April 14, 2014
</span>
</p>
</div>Prepare yourself for the rigors of divorce and co-parenting2014-04-11T18:04:13Z2014-04-11T18:04:13Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Everyone has heard that divorce is a difficult time that requires the splitting spouses to expend a lot of emotional and mental energy. There’s no changing that, even if the spouses are able to agree to an uncontested divorce or use alternative dispute resolution tactics. No matter how simple the
</span>
</span>
<a href="/family-law/divorce" style="display: initial;">
divorce
</a>
<span style="display: initial;">
<span style="display: initial;">
is and no matter how quickly it gets done, the splitting spouses will still have to expend some emotional and mental energy.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
This is important to realize for people going into the divorce process, because some people may think that their divorce will be “different” and that the process will just “fly by.” While it’s true that every divorce is unique, it is impossible to say how quickly your divorce will get done. It could take only weeks — or it could take many months, or years. It all depends on the dynamic between the splitting spouse and the complexity of the issues inherent to their divorce.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Child custody is a common issue for divorcing couples. If a child is involved and the parents agree to joint custody, then some sort of co-parenting plan will have to be drawn up. Co-parenting can be hard, as it thrusts two people back into a relationship — albeit a working one — that they just got out of. They have to communicate with each other, see each other, and be willing to negotiate on certain scheduling matters.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Remember that this isn’t about you, though. Co-parenting is about your son or daughter, and making sure everything works out for them. Do everything in your power to prevent verbal arguments with your ex, and do your best to foster a collaborative atmosphere where you and your ex can work out scheduling conflicts.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/erin-mantz/divorce-strategies-are-du_b_5058727.html?utm_hp_ref=divorce&ir=Divorce" target="_blank" style="display: initial;">
Divorce Strategies Are Dumb (Just Do This)
</a>
<span style="display: initial;">
,” Erin Mantz, March 31, 2014
</span>
</p>
</div>Man dies in Missouri after motorcycle struck by car2014-04-11T18:04:12Z2014-04-11T18:04:12Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There is no question about it. For Missouri residents who love riding motorcycles, the feeling of the wind rushing past as they ride is one of the best. While this is a popular mode of transportation for many it does not come without risks. As riders are likely aware the activity can be dangerous and result in serious injuries to riders. Sometimes these injuries are so severe that they lead to death.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This was sadly the case for a 52-year-old rider, earlier this month. The man died after a car struck him from behind. The force of that impact sent the motorcycle, and its occupants, into a truck. At the time of the collision the motorcycle was stopped, waiting for traffic to thin so that the driver could make a left turn.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Exactly what caused the car to strike the
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle
</a>
<span style="display: initial;">
<span style="display: initial;">
is not clear. These incidents are often due to the failure of a motorist to see the much smaller vehicle. It is possible that this could have played a role in this tragic accident particularly since it occurred around 8:30 at night when the lack of light results in even greater issues with visibility.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The man who died was not the only person on the motorcycle when the crash occurred. A woman survived the incident with injuries described as serious and was taken to a hospital for treatment. Her prognosis is unknown.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As is the case with any occasion where someone is hurt or killed as a result of the negligence of another person it is possible that the woman who was injured in this incident will file a lawsuit against the driver of the car that struck the motorcycle. Similarly the family of the man who died could take the same course of action to seek compensation for his death. In each situation compensation recovered in a successful lawsuit could make things easier for those dealing with the repercussion of the crash.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KOLR10 News, “Motorcycle Accident Claims Man’s Life,” April 6, 2014
</span>
</p>
</div>Former coach sentenced in St. Louis for conspiracy, wire fraud2014-04-11T18:04:11Z2014-04-11T18:04:11Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A women’s basketball coach pleaded guilty to federal criminal charges last week involving an alleged car theft and insurance scam. Federal prosecutors say that the Kansas resident, who was previously a basketball coach at Southeast Missouri State University, pleaded guilty to conspiracy and mail fraud charges in a federal courtroom in St. Louis, Missouri. In exchange for the guilty plea, prosecutors agreed to drop additional charges listed in the indictment.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Authorities say that the coach was involved in a ring that took cars from dealerships and owners in Missouri and three other states. The scheme included creating false reports that the cars had been stolen, which were intended to be used to obtain insurance benefits, according to prosecutors. Authorities say that the coach pleaded guilty to allegations that the scheme also involved the resale of the cars using transfer titles fraudulently obtained from the Osage Nation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Federal prosecutors may seek indictments using the mail and wire fraud statutes in many types of cases. The wire and mail fraud statutes can be shoe-horned to apply when prosecutors allege that electronic communications or the use of the mails has been used in furtherance of a scheme to allegedly defraud another of cash or property. These types of charges may stand alone, or be tacked on to a wide variety of other charges.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
White collar defense lawyers understand that when federal charges are involved, the stakes can be high. When federal officials open an investigation, a person may become aware of the probe before an indictment is handed down. Anyone suspected of criminal allegations may seek representation. If a person is not represented when an indictment is unsealed, it is paramount that he or she consults a federal criminal defense lawyer as soon as possible.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Hutchinson News, “
</span>
<a href="http://www.hutchnews.com/news/local_state_news/article_98a09b4c-ba9e-11e3-8062-001a4bcf887a.html" target="_blank" style="display: initial;">
Basketball coach pleads guilty in car theft ring
</a>
<span style="display: initial;">
,” Associated Press, April 2, 2014
</span>
</p>
</div>White Collar CrimesColumbia Police arrest Mizzou player on suspicion of assault2014-04-03T18:04:15Z2014-04-03T18:04:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
On Monday, we discussed school disciplinary actions that university students may face when also facing criminal charges. Allegations of any kind of offense can lead to consequences, but people suspected of an offense are entitled to The University of Missouri basketball program has suspended junior transfer Zach Price from the program pending further proceedings after the Mizzou basketball player was arrested Thursday in Boone County.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
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<span style="display: initial;">
Columbia Police claim that Price had followed his roommate to the area of Stadium Boulevard. His male roommate was in a car with a woman. Authorities accuse Price of blocking in his roommate’s vehicle before some kind of scuffle erupted. Law enforcement thinks that the basketball player struck his roommate in the face at some point during the alleged altercation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Authorities say that Price’s roommate or the woman who was in the roommate’s car attempted to use mace, although the timing of events is not clear from a recent newspaper report. Police say that the basketball player pushed the woman when she joined into the alleged altercation. She reportedly fell to the ground.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A probable cause statement produced by Columbia Police alleges that the roommate and the woman each suffered minor injuries. Price was arrested on suspicion of assault and domestic assault charges. No formal charges have been filed. Price was released from the Boone County Jail on $1,500 bond. Each of the potential charges that police suspect may be implicated are misdemeanor level offenses.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
High-profile cases involving MIzzou students may make headlines. But, any student suspected of a criminal offense has rights when authorities suspect a violation of the law has occurred. Students accused of an offense should consider seeking the representation of legal counsel who can help to protect rights in the criminal justice system, as well as in any potential school conduct disciplinary proceedings.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Kansas City Star, “
</span>
<a href="http://www.kansascity.com/2014/04/03/4934191/mu-transfer-forward-zach-price.html" target="_blank" style="display: initial;">
MU transfer forward Zach Price suspended from basketball team following arrest
</a>
<span style="display: initial;">
,” Tod Palmer, April 3, 3014
</span>
</p>
</div>STUDENT CONDUCT HEARINGS2014-03-31T18:04:16Z2014-03-31T18:04:16Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Working in a large university town, it is very common to have students as clients. It is important that university students and their parents understand that often times if a student is arrested, a potential criminal proceeding is only half of what they may be facing.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
University Student Conduct Offices often times will initiate actions against the student based on alleged violations of the Student Honor Code. These types of actions cans involve freezing the student’s account, demanding that the student submit to voluntary counseling, community service work, university probation, suspension or even expulsion.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Often times when students come into the office to deal with a criminal matter, they have already started the university conduct process. It is not uncommon for them to say that they were unaware they needed counsel or had a right to counsel in those proceedings. This is absolutely incorrect. Not only do students have a right to counsel in conduct proceedings but they may have a right to sue the university if they believe they are being discriminated against or their due process rights are being violated.
</span>
</p>
</div>Criminal DefensePlatte County man accused of DWI and child endangerment2014-03-28T18:04:17Z2014-03-28T18:04:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
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.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Authorities in Platte County, Missouri, accuse a 33-year-old man of falling asleep in his car roughly one-tenth of a mile from his home. Witnesses say that they noticed a car stopped in the middle of the street. People in the neighborhood approached the stopped vehicle and say that the man was sleeping in the driver’s seat with his 4-year-old child sitting in his lap.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Police were called in to investigate, and the Platte County man now is facing DWI and child endangerment charges. The man was processed at the jail before being released on $1,500 bond.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
DWI charges alone in Missouri can lead to a number of issues for a person accused of the offense. The potential for jail time and fines are generally what people first think about. But, there is also an administrative side to a DWI case related to a person’s privilege to drive. Notably, a driver’s license suspension or revocation is generally handled outside of the criminal case.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A driver accused of drunk driving with an alcohol level of 0.08 percent or greater can expect the state to suspend or revoke the driving privilege. A driver has only 15 days to file the appropriate paperwork to request an administrative hearing to challenge the administrative loss of license. A DWI defense lawyer may represent a person accused of DWI in both sides of a DWI case.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Fox 4 KC, “
</span>
<a href="http://fox4kc.com/2014/03/25/man-found-asleep-in-car-close-to-home-faces-dwi-child-endangerment-charges/" target="_blank" style="display: initial;">
Man found asleep in car close to home faces DWI, child endangerment charges
</a>
<span style="display: initial;">
,” Eric Burke, March 25, 2014
</span>
</p>
</div>Trace Adkins and wife to divorce2014-03-26T18:42:12Z2014-03-26T18:42:12Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
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.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
News has broken that country music star Trace Adkins and his wife separated on Monday. Tuesday, Rhonda Adkins filed for divorce in the estranged couple’s home state. The two had been married for roughly 16 years. Adkins and his soon-to-be- ex-wife have three minor children together, ranging in age from 9 to 16 years old. In her paperwork, Ms. Adkins is seeking primary residential custody of the three girls in the divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
When minor children are involved in a divorce proceeding — even in high-profile or high-asset divorce cases —
</span>
</span>
<a href="/family-law/child-custody" style="display: initial;">
child custody
</a>
<span style="display: initial;">
<span style="display: initial;">
and support issues may be on the front burner of the proceedings. Each state has its own laws on how child custody and visitation issues are handled. While Ms. Adkins is seeking primary residential custody of the children, she is also seeking child support.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In Missouri, there are generally two primary aspects to child custody — legal custody and physical custody. While the court may grant joint physical custody, the actual time the kids spend with each parent may or may not be equal in terms of time. One parent may have the kids living with him or her for a greater amount of time in a given year.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In the recent celebrity divorce, in addition to primary physical custody, Ms. Adkins is seeking child support, alimony and to be named as the beneficiary on the country music star’s life insurance.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Los Angeles Times, “
</span>
<a href="http://www.latimes.com/entertainment/gossip/la-et-mg-trace-adkins-divorce-20140326,0,1798213.story#axzz2wuF1xsXx" target="_blank" style="display: initial;">
Trace Adkins’ wife files for divorce after 16 years of marriage
</a>
<span style="display: initial;">
,” Christie D’Zurilla, March 26, 2014
</span>
</p>
</div>Two killed in Jefferson County head-on collision2014-03-25T18:42:14Z2014-03-25T18:42:14Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
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.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Troopers say that the 82-year-old woman’s Toyota Camry collided with a GMC Sonoma on southbound Highway 21 at around 12:23 Tuesday afternoon. The 82-year-old woman who was traveling in the wrong direction died at the scene. A 25-year-old De Soto, Missouri, man, who had been driving the GMC, was taken to an area hospital where he died a short time later. Authorities say that the man was expecting to join the Jefferson County sheriff’s office to begin a new career, but had not yet started working as a deputy.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Head-on collisions often result in catastrophic or fatal injuries. When a wreck occurs on the highway, the speeds of each vehicle can cause great force, even if both cars are traveling at or below the speed limit.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Wrong-way crashes may suggest that the wrong way driver was negligent. In some cases, additional information may reveal that the driver lost control due to a product failure, or other reason. Discovering the cause of any crash can be important for victims and the families of accident victims.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When a head-on wreck results in both drivers losing their lives, the grief to each of the families can be profound. If a driver who is at-fault in an accident succumbs to injuries, the family of the non-negligent driver may still be able to seek justice for the accident from the estate of the deceased driver.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Car accident stories involving serious injury or death are frequently heartbreaking. But, our civil court system understands that the family of an innocent driver who is killed in an accident should be entitled to seek justice if the negligence of another driver caused the car accident.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KSDK, “Two killed in head-on accident identified,” Brandie Piper, March 25, 2014
</span>
</p>
</div>DWI checkpoints in Missouri may lead to other charges2014-03-20T18:42:15Z2014-03-20T18:42:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
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.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Despite the general rule barring suspicionless traffic stops, courts in Missouri have allowed law enforcement agencies to set up sobriety checkpoints to look for drivers who may be driving while impaired. The U.S. Supreme Court has previously ruled that DWI checkpoints are not constitutionally prohibited in the general sense. However, the high court says that safeguards should be put in place to protect the constitutional rights of drivers. Criminal defense lawyers may scour the procedures involved in a DWI checkpoint to look for violations of the law.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Media accounts chronicling the results of a DWI operation may include a laundry list of the violations found and the charges that may arise at a sobriety checkpoint. Police all over the state ran operations during the recent St. Patrick’s Day holiday weekend. The Springfield News-Leader reports that a dozen people were arrested at a checkpoint Monday night.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Only one of the arrests involved an alleged DWI. The remaining 11 arrests were for drug crimes, according to the newspaper. Ten people were arrested on meth charges, with one person being arrested for allegedly possessing marijuana. Authorities say that a few of the people taken into custody also had outstanding warrants.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A person pulled over, or stopped at a checkpoint, who is then arrested on drug charges in the Columbia, Missouri, area, should seek the representation of legal counsel as soon as possible. Drug charges in Missouri can bring long-lasting consequences if a conviction is entered.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Springfield New-Leader, “DWI checkpoint brings 10 meth possession arrests,” Stephen Herzog, March 19, 2014
</span>
</p>
</div>Tax Time: Who takes the child exemptions in a Missouri divorce?2014-03-19T18:42:17Z2014-03-19T18:42:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
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.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While a divorced couple may opt for joint physical custody, the time spent with each parent may vary from case to case. In some situations the kids may alternate between each parent’s residence every other week, while in other joint custody arrangements the children may spend more time with one parent or the other for a variety of reasons.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As we head toward the tax filing deadline, it is a good time to note that the federal dependency exemption on tax returns may be addressed in a divorce. Federal law essentially indicates that the parent with whom the child spends more nights with during the entire year may claim the child as a dependent on an income tax return. But, the issue is not set in stone after a divorce.
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</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The IRS will respect an agreement made in a divorce case that tends to alter the default rule. Some people agree to alternate years in claiming the children as dependants for income tax purposes. Other arrangements may also be possible.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
For instance, if divorcing spouses have several children, the two parents may agree that one parent is entitled to claim one child as a dependent, while the other claims one or more other children.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Notably, the IRS has a form that addresses agreements to modify the general rule related to the dependency exemption – – IRS form 8332. In divorces that were finalized before 2008, a copy of the court order from the divorce will suffice as an attachment to be filed with a tax return.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
A parent seeking a divorce may have questions that touch many issues. A Columbia, Missouri, family law attorney can provide advice and representation throughout the family court proceedings to help a parent seek a result tailored to meet the best interests of the child in unique situations.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/stann-givens/children-of-divorce-taxes_b_4952321.html" target="_blank" style="display: initial;">
Children of Divorce: Who Gets the Tax Exemption?
</a>
<span style="display: initial;">
” Stann Givens, March 13, 2014
</span>
</p>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h3>
<span style="display: initial;">
HOW SHOULD A LAWYER ADVISE THEIR CLIENT
</span>
</h3>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: initial;">
Historically, in these types of situations lawyers have advised clients not to cooperate in police investigations or answer any kind of questions for fear that by answering suspects may implicate themselves further. Now it seems age old advice could put a criminal defendant in the position of having their pre-arrest silence used against them as substantive evidence of guilt. After Salinas pre-arrest, pre-Miranda silence can be used as evidence of guilt unless a criminal defendant expressly invokes their right to remain silent.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
With this in mind, how does a lawyer advise a client who calls up and says the police are at his door he him he is not under arrest but they would like to ask him a few questions? The only way to protect your client is to advise them to clearly and concisely explain to law enforcement that they do not wish to waive or forgo any rights and that they additionally do not wish to answer any questions and they are “invoking there privilege against self incrimination” and they are asking to be allowed to contact an attorney before any further questioning.
</span>
</p>
</div>Wrong-way driver eludes police in Springfield, Missouri2014-03-18T18:42:19Z2014-03-18T18:42:19Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
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.
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<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
The man’s GMC grazed a Hyundai and crashed nearly head on into a Chevrolet sport utility vehicle. The man who police say was traveling in the wrong direction was killed. Authorities say that it does not appear that the driver of the Hyundai suffered any serious injuries. However, a woman in the Chevrolet suffered serious injuries. After emergency responders were able to extricate the accident victim from her vehicle, she was taken to an area hospital.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The accident occurred near the highway 65 and the James River Freeway interchange. Law enforcement continues to investigate what may have caused the driver of the GMC to enter the highway in the wrong direction.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Wrong-way crashes on any highway can involve strong forces. The impact from a wrong-way accident can leave accident victims with severe personal injuries, including fatal injuries. In general, wrong -way drivers may enter a highway improperly for many different reasons, including distractions, impairment or mere confusion. But, the potential risk of danger is high when a driver negligently enters, or continues to drive the wrong direction on any highway.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Ozarks First, “Man Dies After Three-Car Crash on JRF and Hwy. 65,” March 17, 2014
</span>
</p>
</div>SUPREME COURT EXPANDS USE OF PRE-ARREST SILENCE2014-03-18T18:42:18Z2014-03-18T18:42:18Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
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.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The United States Supreme Court’s recent opinion in, Salinas vs. Texas 133 S.Ct 2174 held that a defendant’s silence during a voluntary interview with police before being arrested and before any Miranda Rights had been given can be used in the prosecution’s case in chief as evidence of conscientious of guilt. The Salinas decision marks a dramatic expansion of the potential uses of pre-arrest silence in the prosecution of criminal defendants. Previously, prosecutors have only been allowed to use pre-arrest silence to impeach a criminal defendant’s trial testimony.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
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<span style="display: initial;">
In Salinas the defendant, Genovevo Salinas, was charged with murder. The state alleged that he had used a shotgun to murder two brothers the night of December 18, 1992. The police were able to connect Salinas to the crime scene due to his presence at a party at the brother’s house December 17th. The police contacted Salinas and requested that he come in voluntarily for questioning. They advised him that he was not in custody and was free to leave. Because he was not “in custody” Salinas was not Mirandized. During the course of the questioning, Salinas was asked if the shells from a shotgun he owned would match shells recovered from the crime scene. At that time Salinas “declined to answer” he looked at the floor clinched his hands, bit his lower lip and began to tighten up. After a period of silence, the detective continued questioning Salinas on other matters and he began answering questions again. At the end of the interview Salinas was allowed to leave only to be arrested two days later and charged with murder.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
At trial, Salinas did not testify, however over defense objection the prosecuting attorney was allowed to use evidence of his reactions in the interview to show conscientious of guilt. In a plurality decision, the United States Supreme Court approved this new tactic because, since Salinas did not affirmatively invoke his 5th Amendment right to remain silent, his silence could be used against him. Previously the law had only allowed such pre-arrest silence to be used to impeach a defendant who chose to testify.
</span>
</p>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<h3>
<span style="display: initial;">
HOW SHOULD A LAWYER ADVISE THEIR CLIENT
</span>
</h3>
</div>
<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: initial;">
Historically, in these types of situations lawyers have advised clients not to cooperate in police investigations or answer any kind of questions for fear that by answering suspects may implicate themselves further. Now it seems age old advice could put a criminal defendant in the position of having their pre-arrest silence used against them as substantive evidence of guilt. After Salinas pre-arrest, pre-Miranda silence can be used as evidence of guilt unless a criminal defendant expressly invokes their right to remain silent.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
With this in mind, how does a lawyer advise a client who calls up and says the police are at his door he him he is not under arrest but they would like to ask him a few questions? The only way to protect your client is to advise them to clearly and concisely explain to law enforcement that they do not wish to waive or forgo any rights and that they additionally do not wish to answer any questions and they are “invoking there privilege against self incrimination” and they are asking to be allowed to contact an attorney before any further questioning.
</span>
</p>
</div>Parents who divorce remain as role models for the kids2014-03-13T18:42:22Z2014-03-13T18:42:22Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
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.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
While pop stars and professional athletes may be highly visible, commentators say that parents are also role models for kids. When a marriage breaks down, the modeling does not necessarily stop. A relationship coach recently discussed the issue of parenting through an unhappy marriage. She looked at the question of whether parents in an unhappy marriage should stay together for the kids from a different angle than many of these types of stories.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The relationship coach, Nancy Pina, says that parents remain as role models for their kids when a marriage breaks down. Her take is that staying together may send messages to the kids that parents do not want to send. The kids may learn the wrong message from a dysfunctional relationship.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
She believes that a parent in an unhappy marriage may suffer personal stress as well, from trying to present a façade for the benefit of the kids.
</span>
</p>
<p>
<span style="display: initial;">
Deciding to file for divorce can be a difficult decision for anyone to make. Divorce can also be stressful—even in an amicable divorce. When a marriage with minor children breaks down, issues involving child custody and support can be frightening for a parent. A family law attorney may help a parent through the legal process of divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/2014/03/01/divorce-kids-_n_4862357.html?utm_hp_ref=divorce&ir=Divorce" target="_blank" style="display: initial;">
3 Ways Your Unhappy Marriage May Be Hurting Your Kids
</a>
<span style="display: initial;">
,” Nancy Pina, March 1, 2014
</span>
</p>
</div>Ex-Missouri man pleads guilty to not paying $165K in child support2014-03-13T18:42:21Z2014-03-13T18:42:21Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Missouri parents should know that a non-custodial parent’s child support obligations do not end when the child becomes an adult. Unpaid
</span>
</span>
<a href="/family-law/child-support" style="display: initial;">
child support
</a>
<span style="display: initial;">
<span style="display: initial;">
is still considered to be an obligation on the deadbeat parent.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
It can be difficult to get parents to pay, especially if they move out of state — or out of the country. But one former Missouri man may be ordered to pay nearly $165,000 in back child support after he pleaded guilty to fleeing the U.S. rather than financially support his son.
</p>
<p>
<span style="display: initial;">
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</span>
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<span style="display: initial;">
The man was ordered to pay $1,500 a month in child support back in 1996. In January 2005, the father moved to Thailand to work for a hotel business there. Starting at least at that point, if not before, his son did not receive any child support, authorities say.
</span>
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<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The father stayed out of the U.S., perhaps to avoid capture. In one exception, he snuck across the Canadian border to attend his daughter’s wedding. Then, in February 2012, he was arrested after trying to enter the country from LAX airport.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In mid-February, he pleaded guilty to evading his child support obligations. When sentenced, he could be ordered to pay off the debt, plus a fine of up to $250,000 and up to two years in federal prison.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
For parents who are dealing with a child support order they cannot afford, an adjustment may be possible. For parents who can’t get the child support they are owed. A family law attorney may be able to help those in either situation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KYTV-TV, “Springfield man admits fleeing to Thailand to avoid paying child support,” Brian Vandenberg, Feb. 12, 2014
</span>
</p>
</div>Missouri House passes bill to require warrants for tracking2014-03-12T18:42:23Z2014-03-12T18:42:23Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
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.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Many of these arguments focus upon specific types of cases, such as last year’s U.S. Supreme Court decision in a Missouri DWI case where the court ruled that in a routine drunk driving investigation, police should generally obtain a warrant to draw a person’s blood. The ruling is not absolute, and prosecutors may often try to make legal arguments to make exceptions to our constitutional principles. Criminal defense lawyers, on the other hand may argue vigorously in favor of following the Constitution.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As time goes by, our technology continues to advance and become more pervasive in our daily lives. The issue of the warrant requirement and electronic devices has led to a variety of complicated issues and arguments in criminal cases involving technological devices.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</span>
</p>
<p>
<span style="display: initial;">
The Missouri House has overwhelmingly passed a measure aimed at requiring law enforcement in Missouri to seek a warrant before tracking the location of electronic devices– with a couple of defined exceptions.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A sponsor of the house bill believes that the statutory law may provide law enforcement and the courts with more clarity on how to deal with electronic tracking in the state. The bill is not without some opposition. Some have complained that requiring law enforcement to obtain a warrant could be cumbersome in criminal investigations.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The final tally Thursday in the house was 134 in favor, with 13 representatives voting against the measure. The bill will be sent to the Missouri Senate for consideration next.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: KOMU, “
</span>
<a href="http://www.komu.com/news/mo-house-passes-curb-on-electronic-tracking/" target="_blank" style="display: initial;">
Mo. House Passes Curb on Electronic Tracking
</a>
<span style="display: initial;">
,” The Associated Press, Mar. 13, 2014
</span>
</p>
</div>Two motorcyclists killed in Wentzville after bus pulls onto road2014-03-11T18:42:25Z2014-03-11T18:42:25Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
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
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<br/>
</p>
<p>
Three motorcyclists were traveling on Route A in Wentzville, Missouri, on Tuesday morning. The riders were heading south on the highway. The Missouri State Highway Patrol says that the driver of a school bus attempted to enter Route A heading northbound around 7:00 in the morning. Authorities say that the bus pulled out in front of the three southbound riders.
</p>
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</span>
</p>
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<span style="display: initial;">
Two of the motorcycle riders were not able to avoid colliding with the school bus. The two men were killed. A third rider struck debris and was ejected from his motorcycle—his condition has not been listed in recent news reports.
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<p>
<span style="display: initial;">
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</span>
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<p>
<span style="display: initial;">
Authorities say that there were not any students on the bus. The school bus driver escaped injury in the wreck.
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<span style="display: initial;">
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</span>
</p>
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<span style="display: initial;">
State officials called in a team of accident investigators to gather information as the cause of the accident remains under review.
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</span>
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<span style="display: initial;">
Left-hand turn accidents may involve any kind of motor vehicle. But, when an accident involves a motorcyclist, the rider can face grave harms, including the high potential for fatal injuries. The National Highway Traffic Safety Administration urges drivers to be on the lookout for motorcycles.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
The agency notes that Motorcycle Safety Awareness Month is not recognized until May. But, riders may be on the road much earlier, and drivers should know that motorcyclists have the same rights and responsibilities on the road as drivers of any type of vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: CBS St. Louis, “
</span>
<a href="http://stlouis.cbslocal.com/2014/03/11/fatal-accident-closes-highway-a-in-wentzville/" target="_blank" style="display: initial;">
Victims Identified in Motorcycle, School Bus Crash
</a>
<span style="display: initial;">
,” Mar. 11, 2014; KSDK, “Two killed in accident involving school bus in Wentzville,” Kevin Held and Allison Sylte, Mar. 11. 2014
</span>
</p>
</div>Missouri lawmakers work to modify juvenile life sentencing issue2014-03-05T18:42:27Z2014-03-05T18:42:27Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
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.
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<p>
<span style="display: initial;">
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Mandatory sentencing essentially takes away the discretion of a judge to consider the full arguments that may be available individual cases. Criminal defense lawyers may seek to aggressively fight charges on the law and the facts. But, a defense lawyer may also seek to negotiate a plea agreement, or argue mitigating factors at sentencing, seeking to minimize the damages of a conviction.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In 2012, the United States Supreme Court ruled that mandatory life without parole laws for juvenile offenders violate constitutional principles. Current Missouri law includes life without parole for juvenile offenders who are convicted of murder. Missouri lawmakers are looking to amend that law.
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<p>
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<span style="display: initial;">
Wednesday, the Missouri Senate Judiciary Committee adopted a measure to give courts some discretion in sentencing juveniles who have been convicted of murder. The proposal would still give courts discretion to sentence a juvenile to life without parole. However, a judge could sentence a juvenile age 16 or older to a mandatory minimum sentence of 50 years in prison. The proposal would allow younger juveniles to be eligible for parole after 35 years after a conviction for murder.
</span>
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<p>
<br/>
</p>
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<span style="display: initial;">
Youthful offenders can face serious consequences when charged with an offense. Juveniles may be certified to adult court in some cases, which can raise the stakes even higher. A juvenile has the right to a defense lawyer who can advocate for the child’s rights in court.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: KOMU, “
</span>
<a href="http://www.komu.com/news/senate-panel-advances-juvenile-life-sentence-fix/" target="_blank" style="display: initial;">
Senate Panel Advances Juvenile Life Sentence Fix
</a>
<span style="display: initial;">
,” The Associated Press, Mar. 6, 2014
</span>
</p>
</div>Judge rules most of billionaire's stock is non-marital property2014-03-05T18:42:26Z2014-03-05T18:42:26Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
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.
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<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
A recent ruling in a high-profile family law case in another state may help to illuminate that valuation issues may not be the only analysis in dividing property. Notably, the family court ruling does not apply Missouri family law, but the story does tend to underscore how property division issues can be complex.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Last month the judge presiding over the divorce between billionaire Harold Hamm and his estranged wife ruled that roughly 122 million shares of stock that the oilman owns in Continental Resources is non-marital property. The ruling means that Hamm will maintain his control in the company. The court order does not seem to address roughly 4 million additional shares of stock, according to Forbes Magazine.
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</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The court reserved deciding a valuation issue related to the billionaire’s overall stock ownership under the laws in the state where the divorce is being litigated. The court declined to rule on how the appreciation in the value of the stock during the marriage will be divided—that ruling remains reserved, according to News OK.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The divorce case continues to proceed toward a trial, which is expected in July. Few details have been revealed about the divorce as many of the issues have remained under seal.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Division of property in a high-asset divorce has several areas that can come under dispute. Determining whether assets are non-marital can be complex, and generally requires the spouse seeking to have the property deemed non-marital, or separate property, to prove the issue.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Forbes, “
</span>
<a href="http://www.forbes.com/sites/christopherhelman/2014/03/04/judge-billionaire-hamm-to-retain-control-of-continental-resources-in-divorce-settlement/" target="_blank" style="display: initial;">
Judge: Billionaire Hamm To Retain Control Of Continental Resources In Divorce Settlement
</a>
<span style="display: initial;">
,” Christopher Helman, Mar. 4, 2014; News OK, “Harold Hamm to keep Continental Resources stock,” Adam Wilmoth, Mar. 5, 2014
</span>
</p>
</div>High Asset DivorceHead-on accident on Route 13 near Clinton, Missouri, claims three2014-03-03T18:42:28Z2014-03-03T18:42:28Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
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.
</span>
</p>
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<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
A recent multi-car crash on Route 13 near Clinton, Missouri, claimed the lives of three people. Officials believe that a 19-year-old Springfield woman was driving on the highway in Henry County, Missouri, when she crossed over the center line. There, her car side-swiped another vehicle. The Missouri State Highway Patrol says the driver in the second car was not injured.
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</p>
<p>
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</p>
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<span style="display: initial;">
The events turned dire as the Springfield woman’s car continued down the road where it slammed head-on into a third vehicle. The Springfield woman’s car was forced into a roadside embankment and rolled onto its side. Three people lost their lives related to the second crash.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The Springfield woman was traveling with a passenger, a 20-year-old woman from St. Joseph. The two were students at the University of Central Missouri. The two women did not survive the highway accident. The driver of the third car that had been struck head on also perished in the wreck.
</span>
</p>
<p>
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</p>
<p>
<span style="display: initial;">
Crash reports covered in the news often report a few details about what may have happened based upon a preliminary investigation. When cars collide, there can be a vast number of details that may need to be analyzed.
</span>
</p>
<p>
<br/>
</p>
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<span style="display: initial;">
Law enforcement may seek answers from witnesses, if any, and evidence available at the scene. In some cases, officials may attempt a reconstructive analysis of a crash, but an independent reconstruction of an accident scene may also provide information related to the cause and contributing factors of an accident.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Digital Burg, “Three killed in accident north of Clinton,” Andy Lyons, March 1, 2014
</span>
</p>
</div>Missouri business owners may face tough issues in divorce court2014-02-27T18:42:30Z2014-02-27T18:42:30Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Business owners generally understand that there is no-one-size-fits-all solution to every business decision. Similarly, what happens with a business interest in a divorce may take many different roads, depending upon the circumstances.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Often, articles appear in the news offering ideas on how to proceed, while maintaining life outside of the courtroom — or settlement negotiations. A divorced couple who run a service on the West Coast to help people through divorce were recently featured in an article in Entrepreneur magazine. The two continue to work together, but provide some tips that may help some Columbia, Missouri, area residents who own an interest in a business and are seeking a divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Notably, a business may be a large asset that needs to be addressed while dividing marital property. But, the commentators in the recent article say that a common problem is that divorcing spouses may need some assistance in keeping matters separate.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
For instance, when a person has an interest in a business, obtaining a valuation of the business interest is of great importance. This can be a complex process in any proceeding. But, when dissolving a marriage with children and a business interest is also involved, blurring the lines between the issues can complicate the overall divorce process.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Untangling the emotional issues from the financials is an important consideration in reaching a fair outcome in a reasonable manner. Similarly, understanding that child support issues, running a business and keeping up with individual bills during (and after) the divorce can be better served by focusing on the issues individually.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
But, it may also be beneficial to understand that there is no one-size-fits-all arrangement to how property division must be handled. A family law attorney can help in the valuation and asset division process. Forensic accountant may be helpful in the valuation process. Once valuation is determined, a person may be able to know what options are available in dividing the assets.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Source: Enterpreneur.com, “If You Run a Company Together, What Happens When You Divorce?” Kate Taylor, Feb. 25, 2014
</span>
</p>
</div>High Asset Divorce'Alligator' couple injured when cut off on I-55 in Missouri2014-02-26T18:42:31Z2014-02-26T18:42:31Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Car accidents on the highway, or on city streets for that matter, do not necessarily involve a person who may be responsible. A driver may cause a wreck and escape the scene without having any damage to his or her car at all. Drivers in Columbia, Missouri, probably understand that this can happen—many drivers have been cut-off in traffic. In other situations, a driver may cut off a car, causing a collision with the trailing vehicle
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
An out-of-state couple says that a driver cut in front of their car on Interstate 55 Saturday evening near Cape Girardeau, according to the Southeast Missourian. The woman says that when the car crossed in front of theirs, her husband tried to shield her from danger.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Alabama couple was in an accident. Each suffered personal injuries. It is not clear from a news article if the car that dodged in front was involved in the accident, or some other set of circumstances was involved. The couple’s car was totaled. A second crash followed, but few details about that accident have been reported.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The recent
</span>
</span>
<a href="/Personal-Injury/Traffic-Accidents" style="display: initial;">
interstate accident
</a>
<span style="display: initial;">
<span style="display: initial;">
has made the news as the Alabama couple was on their way home from Stanton, Missouri, with four alligators in tow. The man is an alligator enthusiast who, with his wife, shows alligators at charity events. The couple also presents alligator exhibits for kids. The alligators apparently were not harmed in the crash. However, a Missouri family offered to care for the gators as the Alabama couple recovered from their personal injuries in the hospital.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
At least two crashes are linked to the allegations that a car abruptly cut in front of a second on the interstate. Sudden movements of a vehicle can create chaos on the highway. The accident was reported Saturday just after 7:00 p.m. in Cape Girardeau.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Southeast Missourian, “
</span>
<a href="http://www.semissourian.com/story/2054480.html" target="_blank" style="display: initial;">
Couple with alligators say they’re glad to be alive after accident
</a>
<span style="display: initial;">
,” Ruth Campbell, Feb.24, 2014
</span>
</p>
</div>Supreme Court limits ability to object to warrantless home search2014-02-25T18:42:32Z2014-02-25T18:42:32Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Our Columbia, Missouri, readers may understand that the United States Constitution generally requires law enforcement to obtain a valid warrant to search a home. There are a few specifically defined emergency exceptions to the rule.
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
Criminal defense
</a>
<span style="display: initial;">
<span style="display: initial;">
lawyers seek to protect constitutional rights. But, courts have held that a person may consent to a warrantless search.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
When two or more people share a residence, the issue of consent may be complicated if the occupants disagree about allowing law enforcement to conduct a search. In 2006, two occupants who were present in a residence disagreed and the high court ruled that evidence from a warrantless search could not be used against the person who objected.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Tuesday, the high court limited that ruling. In 2009, law enforcement responded to investigate a robbery call. Police followed a man into an apartment building and knocked on a door where police heard screaming. A woman answered the door and police believe that she appeared to have been assaulted. Officers asked her to step out of the apartment so they could perform a protective search. The man who police followed into the building appeared at the door from inside the apartment and objected to the warrantless search.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Police arrested the man and hauled him down to jail. Officers returned to the apartment and asked the woman again for consent to conduct a warrantless search. She agreed and signed a written document consenting to the search. Law enforcement seized items that were later used to convict the man of the robbery earlier in the day. He appealed, arguing that he had objected to the warrantless search.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The court ruled that at the time of the search, the man was no longer present. The woman’s consent was held valid and any evidence found against the man could be used against him in court.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A majority of the court, comprised of the six male justices, ruled that consent searches are valid and that the woman was the only occupant present when police sought consent. Justice Samuel Alito opined further that because the woman appeared to have been assaulted, she had her own right to consent to the search.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The three women on the high court joined in dissent. Justice Ruth Bader Ginsburg wrote, “Instead of adhering to the warrant requirement, today’s decision tells the police they may dodge it,” according to the Los Angeles Times.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Los Angeles Times, “
</span>
<a href="http://www.latimes.com/nation/la-na-scotus-lapd-search-20140226,0,3720623.story#ixzz2uSXjriMx" target="_blank" style="display: initial;">
Supreme Court ruling expands police authority in home searches
</a>
<span style="display: initial;">
,” David G. Savage, Feb. 25, 2014; United States Supreme Court, “Fernandez v. California, No. 12-7822,” Feb. 25, 2014
</span>
</p>
</div>Boone County man on probation arrested on meth, weapons charges2014-02-20T18:42:33Z2014-02-20T18:42:33Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
When a person is on probation (or parole) in Missouri, issues may arise that can jeopardize the probationary status. A missed meeting with a probation officer could trigger potential
</span>
</span>
<a href="http://www.lawmissouricriminaldefense.com/" target="_blank" style="display: initial;">
probation violation
</a>
<span style="display: initial;">
<span style="display: initial;">
allegations. If a person on probation is suspected of a new criminal offense, the allegations may have impact on the status of the probation in the earlier case, as well as result in new criminal charges. The probation issue and the new criminal charge can create a complex legal situation.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Boone County officials say that a call reporting a suspicious person has led to the arrest of a man who was on probation. The initial call on Thursday involved an allegedly suspicious woman, but authorities say that in responding to the call they were led to a residence in the Rollingwood subdivision. It is not clear what led deputies to the location.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Authorities say that a 28-year-old man was at the residence. Law enforcement says that the man had two outstanding warrants related to an alleged driving offense and an alleged probation and parole violation. The man was taken into custody on the warrants. But, authorities say that law enforcement began to suspect that issues related to methamphetamine may have been in play.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Boone County deputies obtained a search warrant for the man’s home. Authorities claim that meth, scales and several weapons were seized during a raid. He is accused of a string of new criminal charges, including weapons offenses and a drug distribution or possession charge. He was processed at the Boone County Jail and later released on a $35,000 bond.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Columbia Daily Tribune, “
</span>
<a href="http://www.columbiatribune.com/news/crime/man-arrested-on-methamphetamine-gun-charges/article_7e0433fc-9b0e-11e3-b1c2-001a4bcf6878.html" target="_blank" style="display: initial;">
Man arrested on methamphetamine, gun charges
</a>
<span style="display: initial;">
,” Feb, 21, 2014
</span>
</p>
</div>Relocation after divorce: What Missouri parents need to know2014-02-19T18:42:35Z2014-02-19T18:42:35Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The idea of having a global economy is commonly referred to in many aspects of life. On a different scale, workers may relocate to new cities, or new states, during a career. For parents who have already gone through a divorce, relocation may make a current divorce settlement unworkable.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
People in Missouri may choose to relocate for a variety of reasons, including career opportunities. In these cases, a custodial parent is required to follow procedures to notify the other parent of the move. A non-custodial parent may challenge a relocation, but the law imposes a short time-frame to perfect that challenge.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Post-divorce modifications may involve a variety of changes in circumstances, including relocation. It is important for parents to understand that the court papers should reflect these changes to avoid complications.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Commentators say that the number of people who relocate to a new state is on the rise. Modifying child custody arrangements and visitation schedules may be necessary when a parent (or when both parents) decide to relocate after a divorce (which may occur several years after the divorce).
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A substantial change in circumstances is generally required before a post-divorce modification can be sought. Like in any child custody dispute, the courts generally look at changes through the lens of what is in the child’s best interests.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Columbia, Missouri, area parents who are seeking to relocate after divorce, and where a child custody or child support order is in place, should consider working with a family law attorney in seeking to have the legal paperwork modified to reflect the new change.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/lisa-helfend-meyer/in-the-childs-best-intere_b_4776085.html" target="_blank" style="display: initial;">
In the Child’s Best Interest: What It Means in Move-Away Cases
</a>
<span style="display: initial;">
,” Lisa Helfend Meyer, Feb. 12, 2014
</span>
</p>
</div>Warrenton police officer injured in I-70 roadside accident2014-02-18T18:42:36Z2014-02-18T18:42:36Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Another person has suffered personal injuries while attending to issues on the shoulder of a Missouri road. This time, icy road conditions are being looked at as a contributing factor in an injury accident. A police officer responded to investigate a single-vehicle accident along eastbound Interstate 70 on Friday afternoon.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Missouri State Highway Patrol says that a Jeep Liberty slammed into a concrete road barrier. A 32-year-old man who serves as a Warrenton police officer responded to the accident scene.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While outside of his parked patrol car, authorities say that the officer was injured when a passing motorist lost control of his vehicle. A 19-year-old man from O’Fallon, Missouri, slid out of control and crashed into the damaged Jeep at the accident scene. The officer was standing behind the Jeep, which was plowed into the unprotected officer on the shoulder. The police officer was taken to a hospital in the St. Louis area for treatment of what authorities say are moderate injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Injury accidents that occur in bad weather may have nuances that other accidents do not include. The same may be true when a younger driver is involved in a
</span>
</span>
<a href="/Personal-Injury/Traffic-Accidents" style="display: initial;">
traffic accident
</a>
<span style="display: initial;">
. A 19-year-old is generally recognized as an adult, but when a teen is involved in a crash, the issues may be more complicated—maybe more so when younger teens are involved.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Drivers essentially have a duty to operate a vehicle with due care. That duty is not relieved only because weather conditions have made roads slippery. Reviewing the complete details surrounding a wreck is important in determining rights after an accident causes injury.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: St. Louis Post-Dispatch, “
</span>
<a href="http://www.stltoday.com/news/local/crime-and-courts/warrenton-police-officer-hurt-when-hit-while-working-a-crash/article_9ec07bcb-3163-598f-be9a-24de5969c232.html" target="_blank" style="display: initial;">
Warrenton police officer hurt when hit while working a crash on icy I-70
</a>
<span style="display: initial;">
,” Mark Schlinkmann, Feb. 14, 2014
</span>
</p>
</div>Osage County officials report several back-to-back meth arrests2014-02-13T18:42:37Z2014-02-13T18:42:37Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Stories about criminal investigations may discuss lengthy probes involving undercover stings, raids or other forms of activities of law enforcement. But, not all criminal arrests involve lengthy probes. Law enforcement officials in Osage County, Missouri say that a number of people were arrested this week on suspicion of drug charges in separate incidents. Each arrest came after officials were looking into events that were allegedly current occurrences, claiming that some level of suspicion warranted an investigation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Two of the incidents were related to reports of possible burglaries in progress. In the first incident, authorities responded to a suspected burglary call on Tuesday and say that a man was leaving the location. He was detained and deputies claim that he was found to be in possession of methamphetamine and other items. He faces burglary, drug charges and other offenses after the police response.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The next day authorities claim that a call came in reporting that someone may have been unlawfully in a vacant house near Belle, Missouri. Osage County deputies say that two people were found inside the allegedly abandoned home. Again, authorities say that methamphetamine was found. The two were arrested on drug and burglary charges.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
That same day, deputies conducted a traffic stop. It is not clear from a KMIZ News report what served as the basis for law enforcement’s suspicions to make the initial stop. However, a man is accused of unlawfully possessing methamphetamine found during the stop. Authorities also believe that the man intended to distribute drugs. During the course of the incident, deputies claim that the man was not cooperative and assaulted law enforcement. He faces additional charges related to the resisting allegations, including assault of an officer.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Whether a criminal investigation occurs over a period of months or the probe lasts only a few minutes, a person suspected of a crime has the right to have to actions of law enforcement scrutinized for potential abuse of power issues. The Constitution guarantees people their right to be free from unreasonable search and seizure. These issues are among many that can arise in defending against criminal charges.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KMIZ ABC 17 News, “Four arrested in Osage County on meth-related charges,” Feb. 13, 2014
</span>
</p>
</div>Facebook posts commonly referenced in divorce court2014-02-12T18:42:38Z2014-02-12T18:42:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Last September we discussed the idea of social media in the context of a Missouri divorce. Commentators have noted that posts online have been increasingly used as evidence in family court proceedings all over the country in recent years. There are many social media outlets where people communicate with the world. Often, a quick vent will make its way online, which can later make news. A divorce can be stressful.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
But, when it comes to social media, Facebook may be more common across many demographics. Several years ago a national society of divorce lawyers noted that Facebook was mentioned in about one-third of all divorce cases across the country. That was a sharp increase from the roughly one in five divorce cases that mentioned Facebook in three years earlier in 2008.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A recent story in the Atlanta Journal-Constitution does not mention if the numbers have been updated. One of the noteworthy anecdotes from the recent article relates to the types of content that may make it into divorce proceedings in general.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Commentators say that messages from one spouse involved in a divorce to a member of the opposite sex posted online are among the most common examples of what may be used in a divorce proceeding. But, postings placed online by a spouse in a divorce are not the only kind of information used in a family court setting. The newspaper article acknowledges that in a divorce involving children, postings from parents and their children have been used in child custody battles.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In Missouri, child custody disputes can involve contentious battles over the child’s emotional health in addition to the child’s physical well being. The courts consider information about relationships through the lens of the best interests of the child.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Atlanta Journal-Constitution, “‘Facebook’ named in a third of divorce filings,” George Mathis, Feb. 11, 2014
</span>
</p>
</div>Missouri man killed fixing flat tire after truck loses wheel2014-02-10T18:42:40Z2014-02-10T18:42:40Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
It may be difficult to estimate how often a wheel falls off a moving eighteen-wheeler. The Commercial Vehicle Safety Alliance says that truckers may not even know that a wheel has fallen off for a period of time. Incidents often go unreported.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
The issue was brought into the limelight in the early 1990s after a series of
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
fatal accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
involving wheel separations prompted the National Transportation Safety Board to look into the issue, the CVSA says. But, the problem continues to occur today. The alliance says that it could happen several times a day across the country.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In the aftermath of the rash of fatal accidents in the early 1990s, the NTSB concluded that faulty maintenance and-or improper tightening of nuts on the wheels were the biggest problems in causing wheel separation. The danger with this type of issue is that the wheel can be launched into traffic on the open road, presenting a hazard for anyone in the vicinity.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A loose wheel is being blamed for the death of a Missouri man in a freak accident in Oklahoma. The Missouri man himself had a tire problem and pulled over to change a flat along Interstate 44. As he was attending to his flat tire, a semi-truck came bounding down the eastbound lanes of the interstate. As the big rig neared the Springfield, Missouri, man’s stopped vehicle, the trailer lost two wheels.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The rear duals separated from the trailer. One of the wheels bounded down the road, coming to a stop against the barrier in the center median. But, the other wheel struck the Springfield, Missouri, man as he worked on his disabled vehicle. The blow proved to be fatal.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Four States Homepage, “Missouri Man Dead After Semi-Truck Tire Malfunction,” Kate Inman, Feb. 7, 2014
</span>
</p>
</div>Court's inability to act sees woman toil away in jail2014-02-07T18:42:41Z2014-02-07T18:42:41Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The potential failings of the criminal justice system are many. For example, prosecutors can leverage harsh penalty sentences (like mandatory minimums) to essentially force a defendant to accept a plea deal. But that’s just one example: there are also examples of police misconduct, criminal rights violations, clerical errors, botched investigations and tainted evidence that show the justice system isn’t always kind to the defendant, nor correct in a more general sense.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Here’s another example: a 34-year-old woman spent six months in jail when she was actually sentenced to just two days.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
How could this happen? Well, the woman violated her drug program and was sentenced to two days in jail until a court provided further orders. This was done without the woman even having the benefit of a hearing, or even legal counsel. So she received this minor sentence — but a clerical error meant that the judge of that court never provided further orders. As a result, the woman sat in a jail cell for half a year until a deputy prosecutor noticed the mistake.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
She was eventually freed, but as you can see, there were numerous failings in this episode that cost the 34-year-old a huge amount of time. This is why it is vital for anybody who is accused of a crime to contact a criminal defense attorney immediately. They will protect your rights and make sure your case proceeds as smoothly as possible.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It is unknown if the woman will pursue legal action against the court, but she would certainly have a good case.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: News and Tribune, “‘A BIG SCREW UP:’ Woman sentenced to two days in Clark County jail serves five months,” Gary Popp, Jan. 24, 2014
</span>
</p>
</div>Will new technology help prevent fatal car accidents?2014-02-06T18:42:42Z2014-02-06T18:42:42Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When discussing the development and proliferation of communication technology in the context of traffic safety, it’s often about the danger created by drivers using smartphones and other mobile devices behind the wheel. Interestingly enough, an emerging technology could actually help prevent accidents and save lives.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Federal officials have noticed the impact car-to-car communication could have on the safety of motorists. The idea behind this technology is that cars can send and receive information about the speed and location of other vehicles. By interpreting data coming in from nearby cars, it’s possible that vehicles can predict accidents and warn drivers.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While this type of technology hasn’t made its way onto the market, transportation officials have an interest in getting involved in its development and future implementation. Namely, there will have to be efforts to make sure that there is signal standardization among auto manufacturers to make the technology effective on a wide scale.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
At this time, according to the Associated Press, the federal government isn’t quite ready to issue rules to auto manufacturers. However, U.S. Secretary of Transportation Anthony Foxx intends to issue a policy proposal before the Obama Administration leaves office in early 2017. There’s good reason to move forward: estimates from the National Highway Traffic Safety Administration suggest that the number of
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
could be cut by as much as 80 percent with this technology.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Of course, in order to car-to-car communication to be effective, there has to be a certain number of vehicles on the road that come equipped with the proper hardware. Even though this type of innovation seems promising, the responsibility to drive carefully is ultimately remains in the hands of drivers.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Associated Press, “Car-to-Car Talk Offers Warning on Collisions,” Joan Lowy, Feb 3, 2014
</span>
</p>
</div>Missouri woman gets plea deal to reduce overdose murder charge2014-02-05T18:42:45Z2014-02-05T18:42:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Last month we discussed the addition of manslaughter charges in a synthetic LSD overdose case in Kansas City. A Moscow Mills, Missouri, woman has now entered a plea deal in an overdose case in Lincoln County. The woman was charged with
</span>
</span>
<a href="/criminal-defense/murder-and-manslaughter" style="display: initial;">
second-degree murder
</a>
<span style="display: initial;">
<span style="display: initial;">
and drug charges. She entered a plea agreement with prosecutors, which reduced the murder charge to involuntary manslaughter.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
In addition to the plea on the homicide count, the woman pleaded guilty to a drug charge in the same case, as well as a separate drug charge from 2011. The judge imposed a 10-year prison sentence for each of the convictions—the 10-year sentences will run concurrently.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Prosecutors say that a 29-year-old man was found dead in a motel room in Troy, Missouri, in April. Police spoke to the Moscow Mills woman’s brother who claimed that he delivered heroin to the man who had been found dead. But, the woman’s brother also said that his sister had sold the drugs to the overdose victim, according to police.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The woman was charged with a drug crime. After an autopsy was completed showing toxicology evidence that the man dies of a heroin overdose authorities upgraded the charges to include the second degree murder count.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The woman’s brother also faces charges and is scheduled for trial later this week.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A person accused of a crime has the right to take the case to trial. But, in some situations, a person may decide to waive the right to trial (and many other rights) and enter a guilty plea. In some cases, a plea agreement may minimize the damages in a variety of different ways. An agreement to plead guilty to a lesser charge, such as in Moscow Mills, Missouri, woman’s case, may reduce the exposure to prison time that may be associated with a conviction on the more serious charge.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: St. Louis Post-Dispatch, “
</span>
<a href="http://www.stltoday.com/news/local/crime-and-courts/moscow-mills-woman-pleads-guilty-in-heroin-overdose-death-gets/article_6f02acc9-30f5-57f7-9233-0775dc952857.html" target="_blank" style="display: initial;">
Moscow Mills woman pleads guilty in heroin overdose death, gets 10 years
</a>
<span style="display: initial;">
,” Susan Weich, Feb. 3, 2014
</span>
</p>
</div>Advocates push for shared child custody standards in family law2014-02-05T18:42:44Z2014-02-05T18:42:44Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Child custody is one of those areas of law that generally involves two separate components. Legal custody is an aspect of child custody that relates to who has the decision-making power concerning the child (or children). Physical custody is what people may think the most about—this aspect of child custody involves where the child will be. That is, physical custody involves the arrangement of when each parent will spend time with the child.
</span>
</p>
<p>
<br/>
</p>
<p>
These concepts are not always dealt with separately—in many instances the two aspects are considered at the same time. Similarly, parents may share joint custody in one or both aspects of the custody issue. Notably, joint custody does not mean that the time in the physical custody arrangement will necessarily be a 50-50 proposition.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Child custody issues are typically considered in the best interests of the child. While each state has its own rules related to family law issues, a divorcing couple in Missouri probably only cares about the one state law.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Commentators on a national scale are suggesting that states should move more toward having family law prefer shared parenting. Some advocates feel that equal parenting time is better for kids as a general proposition. Lawmakers in some states have bandied about the idea, according to USA Today.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The idea of shared parenting is not completely different from the joint physical custody idea, in some respects.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The main difference is that the proposal would call for equal time in custody arrangements as the preferred rule, unless there is evidence of physical or substance abuse. Critics of the idea say that setting the default at a 50-50 shared custody expectation in family law could limit courts too much when considering the best interests of the child individual cases.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Notably, in the absence of allegations of physical abuse or similar issues, the best interest of the child standard does not prohibit shared custody. Divorcing parents may seek this type of arrangement when the balance of equities so indicate. But, not all situations may make shared custody practical. A Missouri family law attorney may discuss child custody issues with a parent who is seeking a divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: USA Today, “
</span>
<a href="http://www.usatoday.com/story/news/nation/2014/01/27/shared-parenting-could-be-new-divorce-outcome/4950111/" target="_blank" style="display: initial;">
Shared parenting could be new divorce outcome
</a>
<span style="display: initial;">
,” Jonathan Ellis, Jan. 27, 2014
</span>
</p>
</div>Bad weather: Car accidents and more reported in Boone County2014-02-02T18:42:46Z2014-02-02T18:42:46Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Last week we discussed the apparent decrease in overall traffic accidents in Mid-Missouri in recent times. The story involved data complied throughout the year. People in Columbia, Missouri may understand that car accidents recorded over time may seem to differ greatly from the number of wrecks that may occur when weather turns bad.
</span>
</p>
<p>
<span style="display: initial;">
As wave-after-wave of winter disturbances seem to be plaguing many parts of the country this year, Mid-Missouri is not immune from icy road conditions. Drivers may understand that winter weather can create treacherous road hazards– when icy conditions develop, car accidents are likely to follow.
</span>
</p>
<p>
Officials say that emergency responders were very busy after winter storms hit Mid-Missouri late last week. The winter weather and sleet that hit Mid-Missouri Friday is being associated with scores of motor vehicle accidents. In a two-hour time-period Friday evening around rush hour, officials say that around 100 car accidents were reported in Boone County. Most of the wrecks were relatively minor, according to battalion chiefs with the Columbia Fire Department and the Boone County fire district.
</p>
<p>
But, car accidents are not the only safety concern when icy weather rolls through the area. Columbia Public Works officials say that slip-and-fall accidents were an issue by Saturday morning. Emergency officials say that on Friday evening into Saturday, as many as 20 people called authorities for assistance related to a slip-and-fall accident on the ice.
</p>
<p>
<br/>
</p>
<p>
As we move past Groundhog Day, actual forecasters are warning that in the near term, more wintry weather is likely for the area. Weather forecasters say that Tuesday could bring another bout of winter weather.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In general, drivers have a duty to drive with due care in light of the conditions at the time. Many driver s may do everything they can to maintain control while driving, but others may not. Some car accidents may not involve negligence at all, but negligence in any type of conditions may place many at greater risk for personal injury on Missouri roads.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Columbia Daily Tribune, “
</span>
<a href="http://www.columbiatribune.com/news/local/storm-leaves-blanket-of-ice-across-mid-missouri/article_b01767b4-8b5b-11e3-a23c-0017a43b2370.html" target="_blank" style="display: initial;">
Storm leaves blanket of ice across Mid-Missouri
</a>
<span style="display: initial;">
,” Alan Burdziak, Feb. 2, 2014
</span>
</p>
</div>Sociologists consider whether divorce rate is linked to economy2014-01-30T18:42:49Z2014-01-30T18:42:49Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Money troubles may be involved when some people decide to divorce. Struggles over finances and the household budget may cause a strain on a marriage. News accounts in Missouri often speak about the nation’s overall economy. We have all listened to media commentators offer opinions about the direction of the economy as the nation continues to seek recovery from the financial meltdown that occurred several years ago.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As signs of recovery started showing up several years ago, some commentators noted a slight uptick in the divorce rate. Sociologists and researchers looked in to the mystery of why an improving economy seemed to be tied to an increase in the divorce rate—especially with the idea in mind that financial difficulties can place a strain on marriages.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A sociologist out east says that after the financial collapse in 2008 occurred, the divorce rate dropped. As the economy started to improve, people started to file for divorce at slightly higher rates. His research is scheduled to be published in the journal Population Research and Policy Review, according to the Los Angeles Times.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Commentators say that when the economy suffers, some people delay filing for divorce. A sociologist from Johns Hopkins says researchers noted a drop in the divorce rate during the Great Depression as well.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The latest research indicates that the Great Recession may have had some impact on the divorce rate, at least in the short term. But, commentators say that the findings may only reflect an issue concerning the timing of when people file for divorce, possibly linked to financial concerns.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Notably, when a person decides to divorce, whether in a good or bad economy, financial concerns may often be an issue. Property division, spousal and child support issues, and other financial concepts are among the concerns of family law in general. Protecting rights in family court is a vital consideration in any Missouri divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Los Angeles Times, “
</span>
<a href="http://www.latimes.com/nation/la-na-divorce-rebound-20140128,0,4086194.story#axzz2rumhSnZO" target="_blank" style="display: initial;">
Divorces rise as economy recovers, study finds
</a>
<span style="display: initial;">
,” Emily Alpert Reyes, Jan. 27, 2014
</span>
</p>
</div>Car accidents, fatalities down in Missouri2014-01-30T18:42:47Z2014-01-30T18:42:47Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Imagine a world with absolutely no traffic accidents. Okay, it may not be a complete utopia, as other issues exist. But, car, truck and other forms of motor-vehicle accidents cause far too many injuries, or worse, each year. The latest statistics from the Missouri State Highway Patrol show some very encouraging signs that traffic safety may be improving. While the positive side is important, there is also an underlying thread that we still have some way to go toward finding that utopia (or partial utopia) that leaves all people safe on Missouri roads.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
State officials say that fatal accidents in Missouri in 2013 fell to historically low levels. Non-fatal traffic accident data in some areas of the state is still being complied, and some agencies in the state may not have submitted final numbers.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But, authorities say that currently available data shows that 741 fatal accidents occurred on Missouri roads in 2013. That is a sharp decline from the 1,257 fatalities on Missouri roads reported just a year earlier. In Mid-Missouri, traffic fatalities dropped in the 13-county area surrounding the Columbia and Jefferson City area to 60 from the 76 that occurred in 2012. State officials say that lack of seat belt use was associated with 63 percent of the fatalities.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Notably, Missouri officials say that overall traffic wrecks have been on the decrease in the last several years. In the time period from 2005 to 2012, motor-vehicle accidents declined by 21 percent in Missouri. Final statistics on overall crashes are still being complied for 2013.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The fatal accident and overall crash statistics are on the right trend. While improved safety on the roads is an important goal, it is also vital to remember that individual accident victims are not just statistics. Each accident victim may be someone’s brother or sister, a parent or child, or other close relative of someone.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Columbia Tribune, “
</span>
<a href="http://www.columbiatribune.com/news/local/missouri-fatal-crashes-at-lowest-level-in-decades/article_4d07fde0-7400-11e3-acdd-001a4bcf6878.html" target="_blank" style="display: initial;">
Missouri fatal crashes at lowest level in decades
</a>
<span style="display: initial;">
,” Alan Burdziak, Jan. 3, 2014
</span>
</p>
</div>Police investigating alleged dorm sex crime at U of Missouri2014-01-29T18:42:50Z2014-01-29T18:42:50Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
An investigation into burglary allegations on the University of Missouri campus has transformed into a sexual assault investigation. A woman claims that two men walked into her dorm room Sunday evening. Her door was not locked. One of the men apparently left the room at some point. It was then, the woman says, that the second man sexually assaulted the woman in her dorm room.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Campus police say that authorities have identified the two men, who are also University of Missouri students. Police have not made any arrests, but have classified the alleged crime as a sex offense. Few details about the incident have been made public as the investigation continues.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Many types of criminal investigations may lead to the potential for harsh consequences if authorities ultimately obtain a conviction. The potential for jail or prison time is most commonly thought about when a person is accused of a criminal offense. For students, a criminal conviction of just about any type of offense may have long-term consequences that fall outside of the court system. Future academic and job opportunities may be affected by a criminal record.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But, when allegations of a sex crime arise, there are a variety of potential consequences that apply specifically to convictions for felony sexual offenses. Sexual offender registration requirements and other potential consequences that may impact where a person can live, or be present, are possible if a person is convicted of specified sex offenses. In addition to the somewhat more direct consequences, the stigma of a sex crime conviction can have adverse impact for years to come.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Columbia Tribune, “
</span>
<a href="http://www.columbiatribune.com/news/crime/suspects-identified-in-dorm-sex-assault/article_3df2308a-890b-11e3-87b0-10604b9ffe60.html" target="_blank" style="display: initial;">
Suspects identified in dorm sex assault
</a>
<span style="display: initial;">
,” Jan. 29, 2014
</span>
</p>
</div>Missouri lawmaker proposes ankle bracelets in some domestic cases2014-01-23T18:42:53Z2014-01-23T18:42:53Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Lawmakers in Jefferson City are considering making changes to the law somewhat related to domestic abuse allegations. A bill has been introduced in the Missouri Senate that is aimed at people who have violated a restraining order on at least one occasion. The measure would create a new provision that would allow for repeat offenders to be required to wear an electronic monitoring device.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Essentially, the device would be an ankle bracelet to track the person’s whereabouts. The unit would be used to notify a domestic violence victim and law enforcement if the alleged offender were to get within a defined range of the alleged victim.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A victim of domestic abuse may seek an order for protection related to the domestic violence issues. These restraining orders are currently available under Missouri law. The new proposed measure would essentially create a new form of potential enforcement — using the electronic monitoring device to track the whereabouts of the subject of the domestic violence restraining order.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Notably, allegations of domestic abuse may arise from time-to-time when a marriage breaks down. Indeed, a domestic violence order for protection may include provisions that go beyond ordering a person to refrain from acts of abuse, or contacting a victim. The court may include provisions related to child custody and visitation issues in an order for protection.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
These issues may arise at any time, and not all no-contact orders are specifically tied to a divorce. But, a person seeking a domestic abuse order for protection, or one seeking to defend against the allegations, may retain legal counsel for assistance related to the issue.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Fox 4 Kansas City, “
</span>
<a href="http://fox4kc.com/2014/01/10/mo-legislation-track-domestic-violence-suspects-with-ankle-bracelets/" target="_blank" style="display: initial;">
Mo. legislation: Track domestic violence suspects with ankle bracelets
</a>
<span style="display: initial;">
,” Rob Low, Jan. 10, 2014
</span>
</p>
</div>Man accused of sending explicit photos to Columbia teen2014-01-23T18:42:51Z2014-01-23T18:42:51Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Computer- and Internet-based criminal investigations may involve a great deal of forensic-type analysis. In defending against Internet-based probes, a defense lawyer may need to evaluate technical information. Law enforcement may use forensic evaluators to dig through electronic information stored on an electronic device. In addition, there may often be allegations tied to electronic records obtained from Internet chat-rooms.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
For example, Boone County authorities claim that a joint investigation conducted in Boone and St. Charles counties has led to the arrest of a man in St. Charles County on suspicion of furnishing pornography to a minor allegations. Cyber-crime units in each county reportedly were involved in the investigation. Authorities raided the man’s home in St. Charles County in September and seized a computer.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Authorities accuse the 23-year-old man sending a 16-year-old girl in Columbia, Missouri, sexually explicit images of himself through electronic communications. Police claim that a man had found the images last year on the girl’s computer, leading to the criminal investigation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Law enforcement believes that the man and the girl had communicated with each other over the Internet, using social media outlets, as well as communicating in chat-rooms. Officials served the 23-year-old with an order for protection in November. The man was formally charged with sending unlawful images to a minor on January 9.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The concept of “sexting” has garnered a great deal of attention in the media recently. States all across the country have been grappling with how to deal with so-called sexting issues when minors are allegedly involved—either as a sender or receiver of allegedly sexually explicit images.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In the recent Boone and St. Charles joint investigation, authorities arrested the 23-year-old Monday. He was processed at the St. Charles County Jail. The man was released pending future proceedings after posting $2,000 bond on Monday.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Columbia Tribune, “
</span>
<a href="http://www.columbiatribune.com/news/crime/boone-county-prosecutor-charges-st-charles-man-with-furnishing-pornography/article_94a2338c-838c-11e3-9f8b-10604b9f6eda.html" target="_blank" style="display: initial;">
Boone County prosecutor charges St. Charles man with furnishing pornography to child
</a>
<span style="display: initial;">
,” Alan Burdziak, Jan. 22, 2014
</span>
</p>
</div>Red-light violation suspected in Jefferson City injury accident2014-01-21T18:42:54Z2014-01-21T18:42:54Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Jefferson City Police believe that a St. Peters, Missouri, man failed to stop for a red light Saturday afternoon, leading to an injury accident at the intersection of Madison Street and Highway 50. Police say that the man’s Dodge truck slammed into a Nissan in the intersection shortly before 2:30 in the afternoon.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
A Jefferson City woman who was driving the Nissan and a passenger in the St. Peters man’s Dodge suffered personal injuries in the intersection accident. Emergency responders took the two accident victims to Capital Region Hospital for treatment of undisclosed
</span>
</span>
<a href="/Personal-Injury/Traffic-Accidents" style="display: initial;">
personal injuries
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Traffic control officials have a variety of tools that can be used to promote safety at an intersection. Stop signs and red lights are generally placed at intersections with the specific intent to promote safety on Missouri roads. Yet, every year, accidents at controlled intersections injure many people in Missouri, just like anywhere else in the country. Many Americans suffer serious injury, including the potential for fatal injuries, related to red light violations.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Red-light violations may seem to be more associated with broadside, or T-bone-type, accidents. But, these violations may also involve rear-end collisions if a driver fails to stop for other cars waiting for the light to change. Head-on collisions, other types of crashes also may arise from a red light violation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
These ideas may seem fairly obvious in some ways, but today’s story highlights how each individual crash may fall into some general type of crash, while the specific events and potential injuries involved in a single crash may still have unique factors, which may need individualized legal analysis.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Connect Mid-Missouri KCRG, “Two injured in Saturday afternoon accident,” Jan. 18, 2014
</span>
</p>
</div>Manslaughter charge added in Missouri teen overdose death2014-01-16T18:42:55Z2014-01-16T18:42:55Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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In October we discussed a case involving the arrests of two teens related to alleged drug distribution allegations in Kansas City. The issue arose after a 15-year-old boy died from an overdose of a synthetic substance. Police say that the synthetic substance was designed to mimic LSD. One of the teens arrested in October on suspicion of drug distribution charges has now been charged with manslaughter related to the criminal investigation.
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Prosecutors say that the 17-year-old girl who is now accused of
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<a href="/criminal-defense/murder-and-manslaughter" style="display: initial;">
manslaughter
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<span style="display: initial;">
<span style="display: initial;">
admitted to police that she sold the synthetic form of acid to two boys—a 14-year-old and the 15-year-old who died at Children’s Mercy Hospital in early October. Police raided a home where authorities claim that the 17-year-old girl accused of manslaughter says that she purchased the drug. Authorities seized 1,800 units during that raid, according to the Associated Press in a story carried by KOMU News in Mid-Missouri.
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While manslaughter charges may often arise related to a DWI fatal accident in Missouri, the charge may also arise under other types of circumstances. Involuntary manslaughter charges in Missouri are serious accusations. It seems more and more prosecutors across the country are relying on manslaughter or murder statutes in drug overdose cases.
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The legal issues surrounding recklessness or criminal negligence causing death can be complex. A person accused of manslaughter should consider seeking the assistance of a criminal defense lawyer when facing these kinds of accusations.
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An unrelated, but similar issue is before the United States Supreme Court in a challenge to what prosecutors must show in cases alleging the federal crime of distribution of drugs causing death.
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Source
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<span style="display: initial;">
: KOMU News, “
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<a href="http://www.komu.com/news/mo-girl-charged-with-manslaughter-in-teen-s-death/" target="_blank" style="display: initial;">
Mo. Girl Charged with Manslaughter in Teen’s Death
</a>
<span style="display: initial;">
,” The Associated Press, Jan 15, 2014; United States Supreme Court, “Burrage v. United States, Docket No. 12-7515,” argued Nov. 12, 2103
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</p>
</div>Financials important in various aspects of a Missouri divorce2014-01-15T18:42:56Z2014-01-15T18:42:56Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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In December we discussed a lawsuit from out east that involved potential hidden assets in a prior divorce. In general, most divorce issues need to be addressed before the divorce is finalized. Once a case is finalized, a court may be highly reluctant to re-litigate a decided issue. Child support, child custody issues and a few other things are typically the areas where a post-divorce modification may arise.
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In a situation where hidden assets may be an issue, legal counsel familiar with hidden assets, or a forensic accountant, can analyze information that may lead to the proper trail to find assets before the case is finalized. In some high-asset divorce cases, the lawyers on both sides may bring in their own forensic accountant to review financial details in family court proceedings.
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<p>
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</p>
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Obviously, hidden assets are not the only financial issue in a high-asset divorce. Valuation of a business, properties, vehicles and other items is often of concern. Similarly, as we move toward April, reviewing taxes (including past taxes) may be important in determining whether a substantial tax return is coming and subject to property division.
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In a number of high-asset divorces, one person may not have been working, or may have had little income during the marriage. Spousal support issues may arise, and analysis of expenses and household spending may be relevant in determining an appropriate level of support.
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<p>
<br/>
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Similarly, lifestyle issues may be important when divorcing people have kids together. Certainly, Missouri law has child support guidelines, but the issues surrounding child support can be complex. The “best interests of the child” standard comes into play in determining custody and support issues.
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Source
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<span style="display: initial;">
: Wall Street Journal, “
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<a href="http://online.wsj.com/news/articles/SB10001424052702303465004579324653769515042" target="_blank" style="display: initial;">
Voices: Richard Feldstein, on Advising the ‘Out Spouse’ in a Wealthy Divorce
</a>
<span style="display: initial;">
,” Richard Feldstein, Jan. 16, 2014
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</p>
</div>High Asset DivorceAuthorities say car moving too fast before Miller County wreck2014-01-13T18:42:58Z2014-01-13T18:42:58Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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The Missouri State Highway Patrol says that four people suffered personal injuries in a two-car crash last Wednesday morning in Miller County. All four of the injured people were in the same car. Law enforcement says that a 22-year-old man from Kansas was driving too fast for the road conditions causing him to cross the centerline. A recent story from Lake News Online does not include specific details about the road conditions at the time of the crash.
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The man’s Mercury collided with a Chevrolet driven by a 49-year-old woman from Iberia, Missouri. She escaped injury in the wreck, according to law enforcement. However, four people in the Mercury suffered injuries.
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The driver of the Mercury and a 19-year-old woman from Crocker, Missouri, were seriously injured. Each was taken to an area hospital with undisclosed injuries. Two other passengers in the Mercury suffered less serious injuries. Authorities say that a 22-year-old Iberia man suffered moderate injuries, while a 20-year-old Crocker resident suffered minor injuries.
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</span>
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Drivers have a duty to drive with due care. In general, the duty does not only apply for the benefit of the driver, other motorists on the road, and pedestrians who may be in the area, but also to the passengers in the same vehicle.
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Traffic accidents cause far too many injuries each year on Missouri roads. Many of the injuries are suffered by passengers in crashes. A passenger may be injured in a single-car wreck. A driver’s negligence leading to the accident may support a claim for damages for an accident victim.
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Source
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<span style="display: initial;">
: Lake News Online, “
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<a href="http://www.lakenewsonline.com/article/20140109/NEWS/140109024/1001/NEWS" target="_blank" style="display: initial;">
Four injured in two-car crash
</a>
<span style="display: initial;">
,” Jan. 9, 2014
</span>
</p>
</div>Jefferson City grand jury indicts 10 on federal marijuana charges2014-01-09T18:42:59Z2014-01-09T18:42:59Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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<span style="display: initial;">
When federal officials engage in a drug trafficking investigation, the catalogue of potential criminal charges that may eventually be brought can seem vast. Federal indictments often include multiple counts against one or more people. Drug trafficking charges may have conspiracy allegations tacked on. Similarly, other offenses may be included against one or more people depending upon the alleged facts.
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<p>
<br/>
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A recent story in Missouri highlights how drug charges can have other types of allegations attached. Federal authorities announced the allegations involved in a federal indictment Thursday after the indictment was unsealed. The indictment was originally returned under seal last October by a grand jury in Jefferson City.
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Officials accuse 10 people of seeking to distribute marijuana in Boone County from early February through March 2013. The volume of pot involved is fairly large. Federal officials claim that the conspiracy involved 1,000 kilograms or more of marijuana.
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In addition to 14 counts of conspiracy charges against all ten people, four defendants are charged with multiple counts of possession with intent to distribute marijuana. One of the defendants is charged with an additional 12 counts of using a communications device to facilitate drug trafficking.
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Five Columbia, Missouri, residents are named, along with Kansas City residents (one from each side of the state line), a resident of St. Louis, an Arizona resident and a person with an unknown address.
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Notably, each person accused in a federal probe that involves multiple defendants has the right to a have an attorney to present a criminal defense. A case brought against multiple defendants may have complicated issues as each defendant jockeys for position in the face of criminal charges.
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Source
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: Columbia Tribune, “
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<a href="http://www.columbiatribune.com/news/crime/ten-people-accused-in-conspiracy-to-distribute-marijuana/article_76cff32e-797f-11e3-81a0-001a4bcf6878.html" target="_blank" style="display: initial;">
Ten people accused in conspiracy to distribute marijuana
</a>
<span style="display: initial;">
,” Jan. 9, 2014
</span>
</p>
</div>Missouri Supreme Court declines review of adoption case2014-01-07T18:43:00Z2014-01-07T18:43:00Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The Missouri Supreme Court declined to review a family law case in late December that touches on a variety of issues. In 2007, a woman, who is from Guatemala, was detained in Missouri after immigration raid. The woman had a young child. She allowed her brother to take the child. While the woman was still behind bars the child was transferred to another family member, then to a non-relative before being put up for adoption.
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A Carthage, Missouri, couple—the adoptive parents—have been raising the child for roughly 6 years. The child is now 7-years-old. The case has been through many levels in Missouri courts. In fact, the case has already gone before the Missouri Supreme Court, which previously ordered a new trial on two complex issues.
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On remand, a two-week trial was held to determine whether the biological mother’s parental rights should be terminated. The adoption issue was also presented before the court. Termination of parental rights is a legal process that may arise in a number of ways. Biological parents accused of abuse or neglect may face these kinds of proceedings from state officials. In the recent case, the trial judge found (in part) that the biological mother had abandoned the child.
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The abandonment was based upon evidence that after being detained the woman made no effort to contact or provide for the child. Other issues were involved in the court’s decision dating back to shortly after the child was born. Overall the judge terminated the parental rights based upon abandonment, neglect and a finding that the biological mother was an unfit parent.
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The Court of Appeals unanimously upheld the decision. The state’s highest court declined further review. The case could be appealed to the U.S. Supreme Court.
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The typical adoption is usually among the happiest of all legal proceedings. The recent litigation involved competing challenges. In any adoption case, addressing the legal issues are vital. The termination of parental rights also was a factor in whether the child could be legally adopted.
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<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: St. Louis Post-Dispatch, “
</span>
<a href="http://www.stltoday.com/news/local/crime-and-courts/missouri-supreme-court-won-t-hear-adoption-challenge-from-guatemalan/article_3c886cd2-ad82-5bf6-8a34-1c2b711489f7.html" target="_blank" style="display: initial;">
Missouri Supreme Court won’t hear adoption challenge from Guatemalan mother
</a>
<span style="display: initial;">
,” Associated Press, Dec. 27, 2013; The Joplin Globe, “Missouri Supreme Court refuses to hear challenge to adoption decision,” Susan Redden, Dec. 26, 2013
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</p>
</div>SUV sandwiched between 2 trucks on I-44 injures 52014-01-06T18:43:02Z2014-01-06T18:43:02Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
It is no secret that weather conditions in Missouri can bring difficulties on the road. Columbia area drivers may know that adverse weather conditions can erupt just about any time of the year. But, as we head through the winter months, ice, snow and other wintry conditions are more likely to be the issues. When you add in the fact that many different types of vehicles share the roads, multi-vehicle accidents can leave several people with injuries.
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<span style="display: initial;">
The Missouri State Highway Patrol says that a sport utility vehicle with several people inside became sandwiched between two trucks on Interstate 44 Sunday morning. Winter weather was making road conditions troublesome, according to authorities. Law enforcement says that the driver of a Yukon changed lanes around 11:35 in the morning, pulling between two tractor trailers traveling in the same direction on the interstate.
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The tractor trailer at the back of the line of vehicles struck the rear of the sport utility vehicle. That impact apparently forced the Yukon forward as the Yukon struck the lead vehicle. Four people in the SUV suffered what authorities say are minor injuries in the
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<a href="/personal-injury/truck-accidents" style="display: initial;">
truck accident.
</a>
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<span style="display: initial;">
However, a 16-year-old in the Yukon suffered more serious injuries. All of the victims were transported to a hospital in Lebanon, Missouri.
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Law enforcement does not believe that either of the truck drivers was injured. Authorities say that everyone involved was wearing a seat belt.
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Complete details about the crash have not been fully reported. Travel speeds and distances remain questions. Other contributing factors may be discovered during an accident investigation that may not be apparent during preliminary investigations.
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<span style="display: initial;">
Truck accidents can cause significant, and even fatal, injuries in any type of weather. When multiple rigs are involved in an accident the risk of injury can seem extremely high. Determining the complete details about an accident can be important in determining the rights of an accident victim.
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<span style="display: initial;">
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<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: Waynesville Daily Guide, “
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<a href="http://www.waynesvilledailyguide.com/article/20140106/NEWS/140109453" target="_blank" style="display: initial;">
5 injured from I-44 accident
</a>
<span style="display: initial;">
,” Mandy Matney, Jan. 6, 2014
</span>
</p>
</div>Pineville Missouri crash kills two, injures several2014-01-01T18:43:04Z2014-01-01T18:43:04Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
We have previously reported federal statistics related to head-on crashes in America. Our Columbia, Missouri area readers may understand that head-on, or near head-on, crashes may be deadly. Stories involving head-on collisions seem to frequently report that a driver simply crossed the centerline of a two-lane road before a tragic wreck.
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It may take difficult analysis to discover what caused a driver to cross over the centerline. Occasionally, the details may be less complex—a poorly negotiated curve, icy or wet roads, distracted driving or other issues may be apparent from early reports.
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<span style="display: initial;">
But, any time motor vehicles collide, there may be risk to other motorists who just happen to be in the area when an accident occurs. A recent tragedy in southwestern Missouri may help to illuminate the dangers that can arise when a two-vehicle accident becomes three.
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The Missouri State Highway Patrol says that a 19-year-old Pineville, Missouri, man was heading north on Interstate 49 last Thursday afternoon when he changed lanes. At the same time, a man from Oklahoma was northbound on the interstate. When the teen changed lanes, authorities say that the front of the Oklahoma man’s car and the rear of the Pineville man’s vehicle made contact. The impact forced the lead vehicle, driven by the Missouri teen, across the center portion of the roadway into oncoming traffic.
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Six people from Arkansas were traveling southbound in a van. The Pineville teen’s car slammed into the driver’s side of the van, forcing the van off the road, where it rolled over. Two young females, a 20-year-old and a 16-year-old, who were passengers in the van, were killed. Two other passengers in the van were flown from the accident scene to hospitals, while the driver of the van and fifth passenger were transported to hospitals via ground ambulance.
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Source
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<span style="display: initial;">
: Joplin Globe, “
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<a href="http://www.joplinglobe.com/crime_and_courts/x1186896870/Two-Bentonville-people-die-in-three-vehicle-accident-in-Pineville" target="_blank" style="display: initial;">
Twp Bentonville people die in three-vehicle accident in Pineville
</a>
<span style="display: initial;">
,” Dec. 27, 2013
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</p>
</div>'Game of Thrones' star settles divorce issues2014-01-01T18:43:03Z2014-01-01T18:43:03Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There are many types of issues that may be involved in a divorce. Some divorces settle rather easily, if the issues are aligned between the parties. Other cases may involve battles over specified issues. One of the reasons for such disparity may be that few households are probably set up exactly the same as others during the marriages.
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Some couples do not have children together and child custody, visitation and child support are not issues in such divorces. High asset divorces can vary as people invest in different ways. While Missouri law provides guidelines for many types of issues, a specific issue may not be a problem when people are trying to reach a divorce settlement.
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<span style="display: initial;">
When it comes to celebrity divorces, the lifestyles of the parties may differ from what people would consider a normal lifestyle. However, issues may need to be resolved—celebrity cases may from time-to-time have interesting resolutions for the particular hang-up in divorce settlement negotiations.
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A “Game of Thrones” actress has been in a battle for roughly two years over property division and child custody issues. That may not seem that far out of the norm for many. But, sources say that actress Lena Headey and her estranged husband, Peter Loughran, have resolved the most contentious parts of their divorce.
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The couple has a 3-year-old son. As a part of the child custody and visitation arrangement, the two have agreed to essentially travel together in some sense. Headley wanted to have her son travel with her to locations where the fantasy drama is filmed. The divorce settlement will allow her to take her son to those locations. But, Loughran will also travel to those exotic locations so that he can spend time with the boy. Headey will pay for Loughran’s travel and provide $1,000 each month while on the road for expenses.
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The couple has also agreed to install apps on electronic devices so that neither will be allowed to text or surf the Internet while driving with the child.
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<span style="display: initial;">
Protecting rights, and interests, in a divorce may take different forms depending upon the specific situation. While celebrity divorces may provide seemingly unique agreements, they can highlight how a settlement may address an individual’s primary concerns within the framework of family court.
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<p>
<span style="display: initial; font-weight: bold;">
Source
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<span style="display: initial;">
: San Francisco Chronicle, “
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<a href="http://blog.sfgate.com/dailydish/2013/12/26/lena-headey-strikes-divorce-settlement-with-ex/" target="_blank" style="display: initial;">
Lena Headey strikes divorce settlement with ex
</a>
<span style="display: initial;">
,” Dec. 26, 2013
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</p>
</div>Missouri church bus driver accused of sex crimes with passenger2013-12-29T18:43:06Z2013-12-29T18:43:06Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A conviction for many types of sexual offenses in Missouri may bring a wide variety of consequences that go beyond the kinds of consequences typically implicated in other types of criminal cases. Most people know that a criminal conviction can involve the potential for jail or prison time, and other punitive measures imposed by the judge at sentencing. Prison time (including potential mandatory minimums) and fines may be imposed in a sex crime case. But, the law authorizes (or requires) other potential sanctions in sex crime cases that are not typically a part of many other types of cases.
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Limitations of freedom while in the community may apply in issues– such as limitations on where a person may live. Registration as a sexual offender may also apply to some types of convictions for a sexual offense. These types of issues may be considered when analyzing a case and considering a criminal defense strategy.
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A bus driver who works for a Laclede County, Missouri, church has been arrested on suspicion of multiple counts of felony sex crimes related to allegations involving a teenage passenger from the church bus.
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Authorities say that the teen and her grandmother approached law enforcement to report alleged sexual incidents between the 51-year-old bus driver and the girl. Law enforcement apparently questioned the man about the allegations. Lebanon Police claim that the man admitted having gotten close with the girl and admitted that sexual acts had occurred between the two. A News account does not suggest that the man was represented by a defense lawyer when interrogated.
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He now faces multiple counts of statutory rape and statutory sodomy related to the allegations. The charges are all class C felonies under Missouri law. The man reportedly has been released on $150,000 bond pending further court proceedings, with an appearance scheduled for early January.
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<p>
<span style="display: initial; font-weight: bold;">
Source
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<span style="display: initial;">
: Lebanon Daily Record, “Lebanon man, 51, admits to several sex acts with teen,” Dec. 27, 2013
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</p>
</div>Traffic stop leads to felony drug charges against Missouri man2013-12-25T18:43:10Z2013-12-25T18:43:10Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Constitutional principles may be involved in any kind of criminal case. When it comes to search and seizure issues related to traffic stops on the road, the issues can be complex. In recent times a number of search and seizure issues have risen to the United States Supreme Court.
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<p>
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In April, we discussed the McNeely decision that arose to the high court out of a Missouri DWI case. That decision clarified that routine DWI investigations are not necessarily immune from the warrant requirement when it comes to a DWI blood draw. Other issues have risen to the Supreme Court recently dealing with the issue of dog sniffs during a traffic stop.
</span>
</p>
<p>
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</span>
</p>
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<span style="display: initial;">
Some kind of investigative stop in Miller County has led to a string of criminal charges against a Missouri man. Few details about what led to a traffic stop are chronicled in a media story about the basis of the investigatory stop. But, the Missouri Highway Patrol claims that authorities smelled some kind of odor raising the suspicion that drugs may have been inside the vehicle.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
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<span style="display: initial;">
Miller County officials were notified of the traffic stop and a K-9 unit was brought in to conduct a dog-sniff of the vehicle. Authorities say that methamphetamine, unidentified pills, pot and weapons were found inside the car after law enforcement searched the vehicle.
</span>
</p>
<p>
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<br/>
</span>
</p>
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<span style="display: initial;">
Authorities accuse the Sunrise Beach, Missouri, man who was allegedly driving the car, of a number of felony offenses, including drug trafficking as a result of the investigatory stop. He was processed at the jail. Cash bail of $300,000 was set after the man was processed on the drug charges.
</span>
</p>
<p>
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</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KOMU, “
</span>
<a href="http://www.komu.com/news/sunrise-beach-man-arrested-for-drug-trafficking/" target="_blank" style="display: initial;">
Sunrise Beach Man Arrested for Drug Trafficking
</a>
<span style="display: initial;">
,” Brent Pearson, Dec. 23, 2013
</span>
</p>
</div>Man sues ex-wife for alleged investment not disclosed in divorce2013-12-25T18:43:08Z2013-12-25T18:43:08Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Each state has its own rules and ways of calculating how child support should be determined during a divorce. Missouri has guidelines for calculating child support obligations, although a departure from the guidelines may be possible in some cases. Should circumstances change substantially after a divorce is final, a family court may modify a child support obligation when appropriate proof of the change in circumstances is presented in court.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A story from the East Coast (with a tie to the West Coast) involves allegations that a woman hid assets during her divorce from her husband that may not only eventually impact the child support issue, but the property division settlement from the couple’s divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The couple had two children together when the woman filed for divorce several years ago. A few months before she filed for divorce, she went to California, according to a recent lawsuit. Her now ex-husband says that when she took that trip she claimed that she was heading west to visit her brother. But, the man says that he has learned that the real reason she traveled to California was to meet with her first husband and some people associated with Twitter.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The couple divorced in 2007. The man was ordered to pay child support, and the property settlement apparently did not involve any mention of Twitter. But, the man says that before the initial court papers were filed in the couple’s divorce, the woman had invested in Twitter after meeting with her first husband out west.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The woman’s second husband claims that after Twitter went public, the woman’s investment grew in worth to somewhere between $10 and $50 Million. He says that because the investment was made with marital funds (then undisclosed), he is entitled to a share of its present value. He is also suing to recover some of the child support that he has already paid because the calculations were made using false financial data, according to his lawsuit. Notably, the claims are not governed under Missouri law.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Columbia, Missouri, area residents who seek divorce may, at times, be concerned that a spouse may be hiding assets to unfairly gain more of the marital estate than the law would find reasonable. These fears should be brought to the attention of a family law attorney who may be able to investigate for potential hidden assets.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: New York Daily News, “
</span>
<a href="http://www.nydailynews.com/new-york/brooklyn/twitter-investor-hid-earnings-child-support-dad-article-1.1530653" target="_blank" style="display: initial;">
Twitter investor hid earnings from Brooklyn husband while seeking child support: suit
</a>
<span style="display: initial;">
,” Barbara Ross and Corinne Lestch, Nov. 27, 2013
</span>
</p>
</div>High Asset DivorceFive emergency responders injured in I-70 car accident2013-12-25T18:43:07Z2013-12-25T18:43:07Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Most people in Columbia, Missouri, should understand that any accident on the Interstate can cause serious injuries. As a culture, we may commonly think that motorists and passengers of vehicles would be the main victims of an accident on a highway or interstate. But, construction workers, emergency responders and others who may be near the traffic lanes (such as a stranded motorist who has exited a vehicle) can be in harm’s way if a passing driver loses control of a vehicle on the interstate.
</span>
</p>
<p>
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</span>
</p>
<p>
<span style="display: initial;">
A series of accidents along a stretch of Interstate 70 left motorists and emergency responders injured Saturday. A single car accident occurred at roughly 3:20 in the morning. The car hit the guardrail before rolling over. The driver suffered minor injuries in that first accident.
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<p>
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</p>
<p>
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But things grew worse later in the day after a second vehicle hit a safety cable along the median of westbound I-70 Saturday afternoon. The car apparently rose up onto the guardrail before flipping over into the eastbound lanes. Emergency responders arrived to tend to the second accident and were in harm’s way when a westbound motorist lost control of his car and crossed into the eastbound lanes at the site of the guardrail accident.
</span>
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<p>
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</p>
<p>
<span style="display: initial;">
Authorities say that the rogue Nissan first struck a firefighter and a trooper from the Missouri State Highway Patrol who were working the afternoon accident scene. The Nissan continued on and slammed into the Ford that had been involved in the median crash. That car struck two other firefighters, while one tried to jump out of the way. The firefighter who tried to evade the Ford suffered serious injury.
</span>
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He and another of the firefighters who suffered serious injury were taken to a Columbia, Missouri hospital. The three other emergency responders suffered minor to moderate injuries and were transported to a local hospital.
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</p>
<p>
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</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Marshall News, “
</span>
<a href="http://www.marshallnews.com/story/2035320.html" target="_blank" style="display: initial;">
UPDATE: 5 emergency personnel injured in Interstate 70 accident, 2 previous accidents in same location
</a>
<span style="display: initial;">
,” Kelsey Alumbaugh, Dec. 21, 2013
</span>
</p>
</div>Boone County officials search home of teacher and coach2013-12-19T18:43:11Z2013-12-19T18:43:11Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Many people may learn of a criminal investigation at some point–even when no formal charges have been filed. Notably, a person suspected of a crime has rights that many people may not realize exist in the absence of formal criminal charges.
</span>
</p>
<p>
<br/>
</p>
<p>
Maybe the constant barrage in popular culture of cops reciting Miranda rights as the closing credits are ready to roll leads people to believe that some rights do not kick in until some formal moment. Notably, many people understand that the law presumes all people are innocent until proven guilty. It would seem to follow that rights are greater than the dramatic moments written into TV dramas. But, many rights can be waived without an express waiver, depending upon the circumstances.
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News reports suggest that Boone County authorities suspect a teacher and coach of illicit conduct with a 16-year-old high school student. Authorities say that the girl told a school counselor that she and the teacher had sex.
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Law enforcement reportedly conducted a raid at the man’s home recently, looking for potential evidence under a search warrant. Law enforcement seized electronic devices during the raid. The electronic equipment is believed to be school property and not intended for the personal use of the teacher, according to ABC 17, KMIZ News.
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<p>
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</span>
</p>
<p>
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The news report indicates that law enforcement thinks the teacher exchanged text messages with the girl, and took suggestive photos of her. Authorities obtained an iPad and ThinkPad during the raid–each of which is school property. Law enforcement reportedly sought statements from the man, but he exercised his right to remain silent, according to KMIZ. No charges have been filed in the investigation.
</span>
</p>
<p>
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</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: ABC 17, KMIZ News, “Columbia high school teacher accused of having sex with student,” Dana Clemens, Dec. 19, 2013
</span>
</p>
</div>Military divorces have their own unique issues in Missouri2013-12-18T18:43:13Z2013-12-18T18:43:13Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Any divorce can include a variety of issues that need to be addressed. Each household has different structures. Some people have kids, while others do not. But when a member of the military, or spouse of a service member, contemplates divorce the rules can be somewhat different.
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</p>
<p>
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</span>
</span>
</p>
<p>
<span style="display: initial;">
The rate of divorce among female active-duty military personnel has seen a decline in recent years, while the divorce rate among male active-duty military service members has been fairly steady (with slight variations since 2005). Commentators say that women in the military traditionally have had higher divorce rates than male service members.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The military divorce rate among females dropped from 7.9 percent last year to 7.2 percent this year. The male divorce rate is 2.9 percent. Overall, the divorce rate among service members is 3.4 percent. Among civilians, the divorce rate is about 3.6 percent, based upon data compiled a couple years ago—but commentators say that the way the numbers are tracked, comparisons may be difficult. Still, the difference is not necessarily significant.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While statistics may provide some insight into an overall picture (on any subject matter), a person seeking dissolution of marriage is not just a statistic. Real issues may be involved in each and every individual divorce. When a marriage involves one or two members of the military, special rules and issues may arise. For instance, when a divorce can be filed is a potential issue in a military divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While the general issues that are usually important for people may not necessarily be any different between civilian and military divorces (the kids, support or property division issues are generally important in any family law setting)–rules that apply to military divorces can be complicated. The rules for dividing a military pension are different from civilian retirement plan issues in family court. Parenting plans may need special attention.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Miltary.com, &ldquoFemale Military Divorce Rates Continue Decline,” Amy Bushatz, Dec. 18, 2013
</span>
</p>
</div>Michelin recalls tires over potential tread separation issue2013-12-18T18:43:12Z2013-12-18T18:43:12Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Michelin announced Saturday that it is recalling more than 1 million tires due to a safety issue that has been discovered. The recall covers LTX M/S tires that were installed on a variety of new vehicles or sold as replacement tires dating back to January 2010. The tires generally fit some types of light trucks that may be used in commercial applications, but also full-sized vans, large pickup truck and some smaller recreational vehicles.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The issue involves the risk that the tread can separate on the tires. If that happens, a driver can suddenly lose control of the vehicle. Drivers and passengers in the vehicle can be at risk of harm in a motor vehicle accident involving a single vehicle. Similarly, the issue can create dangers for anyone near the vehicle—other motorists and travelers, pedestrians or children on a sidewalk.
</span>
</p>
<p>
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</span>
</p>
<p>
<span style="display: initial;">
Product defects can come in a wide variety of forms. Unfortunately, some product defects may go unnoticed in a single incident. It may take multiple accidents for people to start to notice a possible connection to the defect.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
How many of our Columbia, Missouri, area readers suspect a tire defect when a story hits the media about a driver suddenly loses control of a vehicle?
</span>
</p>
<p>
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</span>
</p>
<p>
<span style="display: initial;">
While it is true that driver error may often be involved, a defective tire may be one of a variety of causes or contributing factors that may be considered in an unexplained crash.
</span>
</p>
<p>
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</p>
<p>
<span style="display: initial;">
In the recent recall, Michelin says that a smattering of reports about accidents related to the tread separation issue have led to property damage in accident. Michelin says that it has not heard of any injuries related to the tires. The company reports that odd vibrations, rapid wear and other issues have been noted in recent months, in addition to the reports of property damage.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Detroit News, “Michelin recalling 1.3 million tires used in larger vehicles,” David Shepardson, Dec. 14, 2013
</span>
</p>
</div>Young adults most likely to drive on fumes? Survey says yes2013-12-13T18:43:15Z2013-12-13T18:43:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A recent survey conducted by the AAA Foundation for Traffic Safety shows that young adults are more likely to drive on fumes than more experienced drivers and even the newest drivers on the road. We aren’t referencing the amount of gas in the car’s tank either; we are talking about how much energy a driver has.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Maybe the group of drivers in the age range of 19 years to 24 years old has started to get comfortable behind the wheel but hasn’t gained a lot of life experience, creating a window for increased drowsy driving? Maybe, but whatever the reason, 33 percent of this group were more inclined to admit to drowsy driving than any other age group.
</span>
</p>
<p>
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</span>
</p>
<p>
<span style="display: initial;">
The data was taken from the 2013 Traffic Safety Culture Index survey. On a whole, drivers do admit that getting behind the wheel while sleepy is a dangerous activity. In fact, 95 percent of all individuals surveyed said that this choice is unacceptable. Another 83 percent said that it actually puts others at risk.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
But the numbers don’t really add up. Despite the overall understanding of drowsy driving dangers, over 28 percent of all the drivers surveyed admitted to nodding off from time to time while behind the wheel.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This choice does have consequences. Data from the National Highway Traffic Safety Administration shows that approximately 1,550 people die and another 71,000 are injured every year in a car accident involving drowsy driving.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
After an accident, a Missouri attorney will conduct an investigation to look for negligent behaviors such as this one. Drowsy driving is a choice that could leave an individual liable for damages when their actions leave another with serious injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Delphos Herald, “Young drivers more likely to drive fatigued,” Stephanie Groves, Nov. 14, 2013
</span>
</p>
</div>Should you wait until January to get divorced?2013-12-12T19:22:00Z2013-12-12T19:22:00Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Couples decide to get divorced every month of the year, but did you know that January is the most popular month to file for divorce in the United States? January sees the most divorce filings compared to any other month.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There are several reasons why January is a popular month to file for divorce. Many spouses considering divorce decide to finally go through with it as part of a New Year’s resolution. Other spouses start divorce proceedings at the beginning of a new year due to financial and tax considerations. Another reason is that spouses with children often wait until after the holidays are over.
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</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There are many reasons why couples wait until January to file for divorce. Regardless of the reasons, there are some considerations to make before deciding to file for divorce. Below is a list of some of the factors to consider before filing for divorce in Missouri:
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<ul>
<li>
<span style="display: initial;">
Tax implications of divorce: waiting until January won’t screw up your tax filings for the previous year and it can give you more time to plan for next year’s tax filing, which may be more complicated depending on when the divorce is finalized.
</span>
</li>
<li>
<span style="display: initial;">
Financial issues: some spouses earn a hefty bonus check at the end of the year. Filing for divorce before the year is over may result in only one spouse being able to claim that bonus check as an asset. Individuals should also consider any other income or assets they may be receiving at the end of the year.
</span>
</li>
<li>
<span style="display: initial;">
Impact on family and friends: waiting until after the holidays can make the holiday easier. While you know the marriage is over, not having to discuss or explain to others what happened during the holidays may be easier for everyone.
</span>
</li>
</ul>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Spouses thinking about getting divorced should think about these factors before deciding when to file for divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/bari-zell-weinberger-esq/three-reasons-why-january_b_4415814.html?utm_hp_ref=divorce&ir=Divorce" target="_blank" style="display: initial;">
Three Reasons Why January May Be the Best Time to File for Divorce
</a>
<span style="display: initial;">
,” Bari Zell Weinberger, Dec. 11, 2013
</span>
</p>
</div>High Asset DivorceMissouri DWI crackdown just began2013-12-12T18:43:16Z2013-12-12T18:43:16Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
As the holiday season approaches, many people will be gathering with family and friends to celebrate and enjoy each other’s company. These gatherings and celebrations often include festive activities involving alcohol. The holiday season typically sees more DWI arrests as law enforcement steps up their patrols to keep the roads safe.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This year will be no different as the Missouri State Troopers announced that beginning today, they will start their 2013 Holiday DWF Enforcement Campaign to crack down on drunk driving. The campaign aims to reduce car accidents caused by drunk driving and to keep intoxicated drivers off the road. This year’s DWI crackdown will go until Jan. 4, 2014.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Missouri State Trooper Patrol said that drunk driving caused 231 fatalities in 2012 in the state and 3,984 injuries. In 2013, an estimated 24 percent of all fatal car accidents in Missouri have been attributed to drunk driving so far. The patrol hopes their efforts will result in fewer car accidents caused by drunk drivers.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Drivers in Missouri should be aware of the drunk driving campaign to keep themselves safe and free from criminal charges this holiday season. Individuals who do find themselves being arrested for driving while intoxicated could face very serious charges, especially if they are involved in a car accident that causes serious injuries or death.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
DWI charges can result in serious consequences, including prison time and driving restrictions. DWI offenders may be sentenced to prison, probation and community service. In addition, they may have their driver’s license suspended or revoked as well as be required to install an ignition interlock device or other alcohol monitoring device depending on the judge in their case.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KOMU 8, “
</span>
<a href="http://www.komu.com/news/2013-holiday-dwi-enforcement-campaign-kicks-off/" target="_blank" style="display: initial;">
2013 Holiday DWI Enforcement Campaign Kicks Off
</a>
<span style="display: initial;">
,” Shay McAlister, Dec. 13, 2013
</span>
</p>
</div>Police accuse Columbia man of sexual misconduct at Hobby Lobby2013-12-05T19:22:02Z2013-12-05T19:22:02Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Police arrested a Columbia, Missouri man Monday on suspicion of sexual misconduct. Authorities claim that a witness saw the Columbia man expose himself in a Hobby Lobby store on November 23. The witness reportedly contacted staff at the store about the alleged incident. Police claim that the man seen in an aisle fondling himself later ran out of the store, and fled in a car. Officers say that they were able to link the car seen leaving the store to the Columbia man.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Authorities used some kind of photo lineup during an investigation into the allegations. Police claim that the witness picked the Columbia man from the photo display. Law enforcement took the man into custody this week on suspicion of second-degree sexual misconduct. He was booked into jail before being released on $500 bond.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Many people know that a person is innocent until proven guilty under our system of justice. But, people who are accused of any type of sexual offense may see that public perception seems to treat sex crimes differently.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There are a wide variety of allegations that can fall within the area of a sex offense.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Allegations of exposure of one’s private parts are but one set of circumstances that can lead to criminal charges. In general, allegations may involve a misunderstanding in some cases—in others, issues may be involved that call the facts and/or the police investigation into question. With the potential stigma that can attach to such an offense if a conviction is entered, it is important for anyone accused of sexual misconduct to consider seeking the advice and assistance of a criminal defense lawyer to help protect rights.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Columbia Tribune, “
</span>
<a href="http://www.columbiatribune.com/news/crime/man-arrested-after-touching-self-at-store/article_8133726c-5c4e-11e3-b0db-10604b9f6eda.html" target="_blank" style="display: initial;">
Man arrested after touching self at store
</a>
<span style="display: initial;">
,” Dec. 3, 2013
</span>
</p>
</div>Missouri spousal support issues in, and after, divorce2013-12-04T19:22:04Z2013-12-04T19:22:04Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
With more and more households having two incomes, the issue of spousal support may not make the news as frequently as in previous generations. Spousal support—commonly referred to as alimony—however, may be an important issue in many divorce proceedings. Missouri essentially has three general types of spousal support:
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<ul>
<li>
<span style="display: initial;">
Limited duration
</span>
</li>
<li>
<span style="display: initial;">
Open-ended spousal support
</span>
</li>
<li>
<span style="display: initial;">
Contractual support
</span>
</li>
</ul>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The third form of support—contractual—is generally an issue for the parties and not something a family court judge orders.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
What happens when one party is granted support under specified terms in a limited or open-ended form of spousal support, and circumstances change down the road?
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A recent question hit an East Coast newspaper that posed this kind of question. Typically, a lawyer’s answer to a generic question may be something like, “It depends.” In the recent newspaper entry, a person claims that his ex was granted support under that state’s laws for one year—or until she became employed. He claims that she got a job a month after the divorce, but was fired about six months later (claims she denies).
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Obviously, a dispute over spousal support followed the divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In Missouri, limited duration spousal support contemplates that a future event will occur that will end the need for the support to continue. Similarly, open-ended support orders generally include a provision to end the alimony payment should the recipient of the support later marry.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The idea of spousal support is available under Missouri family law when one spouse is not able to provide for his or her needs after the marriage breaks down. But, enforcing or modifying a current spousal support order may become appropriate when the terms of the order are not properly followed, or when circumstances arise that make continuing enforcement unjust.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Notably, because of the nature of a contractual support order, modification is generally unavailable without an agreement between the parties to alter the contract.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Boston Herald, “
</span>
<a href="http://bostonherald.com/entertainment/lifestyle/2013/11/lies_come_with_cost_in_alimony_case" target="_blank" style="display: initial;">
Lies come with cost in alimony case
</a>
<span style="display: initial;">
,” Gerald Nissenbaum, November 24, 2013
</span>
</p>
</div>High Asset DivorceEight killed, 140 injured in Missouri over Thanksgiving holiday2013-12-04T19:22:03Z2013-12-04T19:22:03Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
November and December can bring extreme changes in weather conditions throughout Missouri. At the same time, the holiday season kicks off, sending many people onto the roads for after hours events with colleagues, or gatherings among friends or family.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
State officials say that almost 300 traffic accidents were reported over the Thanksgiving holiday. Eight people lost their lives, while 140 more suffered some level of personal injury. The reporting period for the Thanksgiving holiday ran from 6:00 in the evening on the day before Thanksgiving through Sunday, December 1.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The Missouri State Highway Patrol says that five of the fatalities were reported in the Troop F area, which is based in Jefferson City. In addition, the highway patrol says that three of the five motor-vehicle accidents involving fatalities statewide were head-on crashes. One accident victim died in a head-on motorcycle accident, which was reported Friday in Wright County.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As we move through December, many people may have plans to head out onto the roads to attend more gatherings. While complete details about each of the 299 motor vehicle accidents over the Thanksgiving break have not necessarily been developed, it is clear that many families were affected. Traffic safety is important at any time of the year. But, with holiday gatherings scattered over the coming weeks through the New Years’ celebration, it is important for motorists to be aware of the potential increased dangers on the road.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Over the Thanksgiving holiday, state officials say that highway patrol troopers arrested 139 people for driving while impaired–a number that is about even with the Thanksgiving break last year.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Macon Chronicle-Herald, “Eight Fatalities Over 2013 Thanksgiving Holiday,” Dec. 3, 2013
</span>
</p>
</div>Missouri man indicted for alleged federal child porn offense2013-11-26T19:22:06Z2013-11-26T19:22:06Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Federal prosecutors accuse a Missouri man of creating child pornography more than a decade ago. Officials claim that he began producing the illicit content in 2001 and continued to use a minor child to create pornography until the middle of 2004. Federal prosecutors allege that the pornography started to show up on the Internet in the fall of 2005.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The 73-year-old Gladstone, Missouri, resident has been indicted on federal child pornography charges. An indictment is a charging document that has been reviewed by a grand jury. It is not a finding of guilt in a criminal case.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Authorities arrested the Gladstone man earlier this month. Officials believe that recent online chats suggest that the man is still interested in minor children–claiming that he has stated online that he likes to people watch (including watching people characterized by the 73-year-old as “young folks” or kids”) in public places, according to Fox 4 News. Prosecutors want the man held without bond pending further proceedings in federal court.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Statutes of limitations can vary widely in criminal cases. For instance, the Congressional Research Service says that there is no statute of limitations on several different types of felony offenses, including some federal sex offenses.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Statutes of limitations are important in many ways.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Defending against allegations that are decades old can leave a person with little access to exculpatory information. Witnesses may not remember events clearly and accurately after years have passed.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Despite the fact that some offenses may not have a statute of limitations, it is important to consider having a federal criminal defense attorney review the legal issues in addition to the factual allegations to protect rights when facing a federal charge.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Fox 4 News KC, “
</span>
<a href="http://fox4kc.com/2013/11/18/gladstone-man-73-indicted-on-child-porn-charges/" target="_blank" style="display: initial;">
Gladstone man, 73, indicted on child porn charges
</a>
<span style="display: initial;">
,” Nov. 18, 2013
</span>
</p>
</div>Dump truck crosses center line in Huntsville, slams into vehicle2013-11-26T19:22:05Z2013-11-26T19:22:05Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Stories of motor-vehicle accidents that make the news often include sketchy information gleaned by law enforcement and possibly reporters in the immediate aftermath of the crash. Early reports are important, as the information is often still fresh in the minds of any witnesses.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Authorities say that a 34-year-old Moberly, Missouri, woman suffered serious injuries when the car in which she was riding as a passenger was struck by a rogue dump truck in Huntsville. The Missouri Highway Patrol believes that the dump truck crossed over the center line on Main Street on November 22. The rig slammed into a vehicle nearly head on. Three people were in the second vehicle.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The driver of the vehicle that was struck suffered relatively minor injuries. The driver, a 53-year-old Moberly woman, and a 55-year-old male passenger were taken to a hospital in Moberly. Meanwhile, a woman in the vehicle was more seriously injured and rushed to University Hospital in Columbia, Missouri.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As a probe develops over time, more information may be found. But, as time passes, evidence and memories may fade. Determining the events is an important aspect of any probe. Details can assist victims in protecting rights, as well as in determining fault in a crash.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Similarly, an independent investigation opened as soon as possible after a wreck may be beneficial in developing facts that may not fall within the scope of the government’s interests, even when a commercial vehicle is involved.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Truck accidents can cause significant harm to accident victims. Insurance companies may wish to close the paperwork as soon as possible. Developing a full picture before resolving the issues is important in protecting rights.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Macon Chronicle-Herald, “Three injured in Huntsville accident,” Nov. 26, 2013
</span>
</p>
</div>Many issues may necessitate post-divorce modification in Missouri2013-11-24T19:22:08Z2013-11-24T19:22:08Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Child support issues can be complex during a Missouri divorce. State law provides a system of guidelines on how child support issues may be addressed, but individual circumstances may be involved in a particular case to justify departing from the guidelines. What many Columbia area parents may also understand is that once a divorce has been finalized, circumstances may change down the road.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Child support and visitation issues can re-emerge long after a divorce has been finalized. Questions over support obligations after years have passed may arise. When circumstances have changed substantially, a parent may no longer be able to afford the current child support order. However, the change in circumstances must meet standards that are recognized under Missouri law for a parent to be able to modify a child support modification.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Unfortunately, some non-custodial parents who may qualify for a modification may decide to just stop paying without seeking a family court order, which can complicate the legal issues.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Similarly, visitation and parenting plan issues may emerge after a divorce. Notably, child support obligations and visitation issues are handled separately in family court.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Each parent owes a duty of support toward his or her children. The amount of support that is owed involves many factors outlined under Missouri law. Parents who are seeking a divorce, or parents who have already gone through divorce and have experienced a substantial change in circumstances (such as a loss of a job or substantial decrease in pay) should consider seeking the guidance of a Missouri family law attorney to learn what legal options may be available.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Similarly, when changes in the needs of a child or the relocation of a parent occur post-divorce, there may be a need to seek post-modification of a parenting plan to meet the new situation. Questions about parenting plans and child support, and enforcement of court orders, can be addressed in many cases years after a divorce in the family court to help protect the rights of parents.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Daily Finance, “
</span>
<a href="http://www.dailyfinance.com/2013/11/21/what-to-do-when-your-ex-wont-cant-pay-child-support/#!slide=985296" target="_blank" style="display: initial;">
What to Do When Your Ex Won’t (or Can’t) Pay Child Support
</a>
<span style="display: initial;">
,” Geoff Williams, Nov. 21, 2013
</span>
</p>
</div>Steering problem behind Chrysler–Dodge Ram truck recall2013-11-14T19:22:10Z2013-11-14T19:22:10Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Car manufacturers (like any manufacturer) have a responsibility to make sure that the products placed on the market are designed and manufactured to be safe when used by consumers. We all generally expect that a brand new car or truck will function properly and protect us from unreasonable risks of danger when driven properly. Yet, from time to time, car manufacturers may need to recall a product due to a potential safety issue.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Chrysler announced last week that roughly 1.2 million trucks (generally Ram trucks) may have an issue in the steering mechanism that can pose risks to consumers. Obviously, if any vehicle has a problem in the steering mechanism, a driver, passengers and anyone near the vehicle when in use can be exposed to serious dangers. Missouri residents who own the affected Chrysler products should be aware of the issue and take heed.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Chrysler says that more than 450,000 pickup trucks subject to the recall may have a misalignment issue in the steering mechanism that can cause a failure in the system, exposing people to the risk of a motor-vehicle accident. The manufacturer says that it has learned of seven accidents, with two injured people, associated with the issue. Details about the accidents and injuries were not detailed in a recent CNN story covering the auto recall.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Chrysler says that it is recalling 1.2 million vehicles. The majority of the affected trucks are Dodge Ram 2500 and 3500 trucks from the model years 2003 through 2008. But, the company is also recalling a variety of other Dodge Rams from the 2008 to 2012 model years, including specific 1500 4×4 Mega Cabs and various 2500, 3500, 4500 and 5500 models.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When a vehicle has a safety issue, the problem may not always be apparent. At times, a car accident may actually occur do to a design or manufacturing defect in the vehicle, or parts of the vehicle, including tires. Government accident investigations may not always look at vehicles or a possible mechanical failure as a potential contributing factor to an accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: CNN Money, “
</span>
<a href="http://money.cnn.com/2013/11/08/autos/chrysler-truck-recall/?google_editors_picks=true" target="_blank" style="display: initial;">
Chrysler recalls 1.2 million trucks
</a>
<span style="display: initial;">
,” James O’Toole, Nov. 8, 2013
</span>
</p>
</div>Missouri businessman enters plea deal on mail fraud allegations2013-11-14T19:22:09Z2013-11-14T19:22:09Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A business owner has pleaded guilty to federal mail fraud and money laundering charges related to allegations that he embezzled money from the Missouri Petroleum Storage Tank Insurance Fund. Prosecutors say that the Missouri businessman (who actually lives in Kansas) used subcontractors to perform work for nearly a decade, but the businessman created false invoices from one subcontractor to inflate costs. Authorities say that the businessman used the mail to submit the inflated invoices to the insurance fund to embezzle money.
</span>
</p>
<p>
<br/>
</p>
<p>
Mail fraud charges may involve allegations of a variety of different conduct, but authorities have to show that the mail has been used to further alleged criminal activity. The government sought to charge the man, but authorities say that he waived his right to have the case presented before a grand jury. The Fifth Amendment provides the right to a grand jury indictment on the federal offense. But, the man reportedly waived that right and the case was filed in court on a legal document known as a federal information that outlines the allegations of the offense.
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The man entered a plea deal with prosecutors to resolve the criminal charges. He has agreed to pay restitution to the insurance fund as part of his plea deal. He will be sentenced at a later date. The sentencing will be scheduled after the probation office completes a presentence investigation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A person can make objections to a presentence investigation report where appropriate. In some cases, a plea agreement will include negotiations on sentencing issues based upon the anticipated or expected results of the presentence report. The rights, rules and procedures in criminal court are complex and a person should consider seeking the advice and representation of legal counsel in any federal criminal probe.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Kansas City Infozine, “
</span>
<a href="http://www.infozine.com/news/stories/op/storiesView/sid/57477/" target="_blank" style="display: initial;">
Lenexa Business Owner Pleads Guilty to Scheme to Embezzle Missouri State Fund
</a>
<span style="display: initial;">
,” Nov. 13, 2013
</span>
</p>
</div>White Collar CrimesSame-sex issues in Missouri family law are complicated2013-11-11T19:22:11Z2013-11-11T19:22:11Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Issues that same-sex couples face in today’s changing legal world have been making the news in recent years. Many people in Columbia, Missouri, may be aware that the United States Supreme Court ruled this past summer that the federal Defense of Marriage Act is unconstitutional. The law purported to bar the federal government from recognizing same-sex marriages. But, family law issues are generally a matter for state laws.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Today’s culture may be changing in many ways—same-sex couples may seek to adopt a child. More and more states are also changing the law to allow for same-sex marriages. Many people who live in states that do not recognize same-sex marriages may travel to states that do–like our neighboring state Iowa — to become legally married. Another neighboring state, Illinois, is poised to change its laws to recognize same-sex marriages as well.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Heterosexual couples who marry in other states and move to Missouri (or those Missouri residents who decide to elope or marry in Las Vegas for that matter) may generally expect to have access to the family court system in Missouri. But, because our state does not recognize same-sex marriage, many commentators say that Missouri courts cannot grant a divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
That can create difficulties for same-sex couples who live in Missouri who have been legally married in other states and decide to seek a divorce. States generally have residency requirements (which vary from state to state) embedded in the laws surrounding divorce. That means a person in a same-sex marriage would have to satisfy the residency requirements of a state that recognizes same-sex marriages to qualify for access to divorce court.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It may seem counter-intuitive that states recognize different sex marriages from other states but in states that do not recognize same-sex marriage the issue becomes problematic. A Columbia resident is hoping that a Missouri judge may rule that because the state does not recognize same-sex marriages, the court will rule that her marriage is null and void under Missouri law, according to KMOX News.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KMOX, “The Curious Case of Same-Sex Divorces in Missouri Courts,” Nov. 12, 2013
</span>
</p>
</div>High Asset DivorceStudy: divorce impacts men's health2013-11-07T19:22:15Z2013-11-07T19:22:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Getting divorced can have a big impact on your emotions. After starting a life with the person you thought you’d be with forever, it can be very difficult to cope with the end of the marriage. Many spouses struggle with the thought of getting divorced, and even after the decision is made, many feel emotionally drained and confused.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Divorce creates many emotional challenges for individuals, and there are many different ways people try to cope and accept life after divorce. Learning how to live a happy, healthy life after divorce is an important step. While many people assume that women have a harder time coping with divorce, a new study suggests men may need more support after getting divorced.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A new study found that men have a difficult time coping with divorce than previously known. The study reported that divorced men are more likely to suffer from heart disease, strokes and high blood pressure compared to married men. The study also found that divorced men are more likely to commit suicide and behave in a risky manner.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Why does divorce impact men’s health? While the study did not address this question, other professionals said that there could be a few different reasons. One reason could be that men become lost after divorce. To help divorced men create a new sense of identity and confidence, some professionals suggest joining a new organization or group for support and help during this transition to single life.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Another reason men’s health may be impacted by divorce is because they don’t take the time to grieve after divorce. Many men are known for not showing their emotions. This can be very harmful to their health because not expressing your feelings and figuring out how to cope with the divorce can impact your mental, emotional and physical health.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This study shows that divorced men may need more support and help after the divorce has been finalized. It is important to address these issues now before it affects your health in the future.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/2013/11/03/divorce-stress-_n_4175767.html?utm_hp_ref=divorce&ir=Divorce" target="_blank" style="display: initial;">
3 Reasons Divorce Is Harder On Men Than Women
</a>
<span style="display: initial;">
,” Tiffnay McHugh, Nov. 3, 2013
</span>
</p>
</div>High Asset DivorceMore drivers taking 'selfies' while driving2013-11-07T19:22:14Z2013-11-07T19:22:14Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Distracted driving is a very dangerous behavior and causes many car accidents every year in Missouri. Cellphone use is a big contributor to distracted driving accidents across the country, but the new popular social media act of taking “selfies” is posing dangers much closer to home.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
More drivers are taking pictures of themselves, called “selfies,” while driving and posting the pictures to social media sites like Instagram. Reports show that there are more than three million pictures of drivers taking pictures of themselves posted to Instagram.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Taking pictures of yourself while driving is very dangerous. Just like texting or emailing on your phone, taking pictures on your phone distracts you from concentrating on the road. Not looking at the road for five seconds can increase the risk of being in a serious car accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The finding that more people are taking pictures of themselves while driving is very disturbing. Any type of cellphone or electronic device use while driving poses several risks, with the most dangerous risk being that you are in a car crash.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Distracted driving continues to be a serious safety issue in Missouri and throughout the United States. Safety groups may need to raise more awareness to the role social media plays in distracted driving incidents, especially among younger drivers who use many different types of social media sites on a daily basis.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Drivers should know the risks of using a cellphone while driving and take steps to reduce those risks. Drivers should not be texting or emailing on their phones while driving. This includes taking pictures of themselves or anything else as this behavior distracts them from focusing on driving. If drivers cannot leave their phones alone, it may be best to keep them in their purse, glove compartment or back seat to prevent any temptation of using their cellphone while driving.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: KSHB, “Driving ‘selfies’ take distracted driving to whole new level,” Brendaliss, Gonzalez, Nov. 6, 2013
</span>
</p>
</div>DWI convictions and consequences for Missouri drivers2013-11-07T19:22:12Z2013-11-07T19:22:12Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Many people have driven past flashing lights on a cop car and seen someone outside trying to walk in a straight line or touch their nose at some time or another. Seeing someone pulled over or arrested for driving while intoxicated can make your heart beat faster and serve as a warning about the consequences drivers can face if they are charged with a DWI in Missouri.
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<span style="display: initial;">
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</span>
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<span style="display: initial;">
Whether or not you’ve been in that situation before, getting pulled over for suspected drunk driving can be a very scary experience. Being arrested after blowing into a breathalyzer or failing a field sobriety test can be devastating, but the consequences can get much worse if you are convicted of driving drunk in Missouri.
</span>
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<p>
<span style="display: initial;">
<br/>
</span>
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What are some of the consequences of being convicted of DWI? Individuals can serve up to six months in jail as well as be fined up to $500. Drivers may also have their driver’s license suspended and have restricted driving privileges after the suspension.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
DWI convictions can also result in higher car insurance rates, and you may have to get SR-22 car insurance coverage in some cases. Individuals may also be forced to take a Substance Abuse Traffic Offender Program and may have to install an ignition interlock device in their vehicle if they want to continue driving.
</span>
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<span style="display: initial;">
<br/>
</span>
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<p>
<span style="display: initial;">
DWI convictions can result in harsh consequences that can impact not just your driving privileges but also your reputation. The consequences of a DWI conviction should be taken very seriously. Individuals facing DWI charges should make an effort to understand their rights, which includes the right to hire an attorney to protect their freedom and defend their case. There are many different approaches to defending against DWI charges so it is best for drivers to discuss their specific case with a criminal defense attorney as soon as possible.
</span>
</p>
</div>Western District Missouri Court of Appeals Vacates Murder Conviction2013-11-05T19:22:16Z2013-11-05T19:22:16Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The Western District Missouri Court of Appeals has vacated the murder conviction of Ryan Ferguson. Ryan was convicted of second-degree murder and first degree robbery in the 2001 death of Columbia Tribune Sports Editor Kent Heitholt.
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Attorneys for the state will have 15 days to file a written appeal to retry Ryan. If the state does not file a written appeal within the 15 days then Ferguson will be released. The expected release date would be November 20, 2013.
</span>
</p>
<p>
<br/>
</p>
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<span style="display: initial;">
Three judges from the Western District Missouri Court of Appeals decided to vacate Ferguson’s convictions after hearing arguments at a September hearing. The arguments heard stated that the state violated federal law by withholding material evidence during his trial, specifically information that would impeach another state witness.
</span>
</p>
<p>
<br/>
</p>
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<span style="display: initial;">
Heitholt was beaten and strangled to death in the parking lot of the Columbia Tribune in the early hours of November 1
</span>
<sup style="display: initial;">
st
</sup>
<span style="display: initial;">
, 2001. In 2003, Charles Erickson told some friends that he had a dream about being involved with this murder. He also implicated Ferguson in the crime. Erickson pleaded guilty to second-degree murder, robbery 1
</span>
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st
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and armed criminal action. He received a 25 year sentence for testifying against Ryan at his trial.
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<span style="display: initial;">
Ferguson and his family have maintained his innocence. For 10 years, Ryan has fought for freedom and it appears that it could be right around the corner
</span>
</p>
</div>Boone County authorities pile on burglary charges after arrest2013-10-31T19:22:17Z2013-10-31T19:22:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Boone County officials believe that a 20-year-old Columbia man can be linked to a string of burglaries after his car was allegedly linked to one burglary last week. Authorities were responding to a report of a burglary in progress on October 23 when they claim to have spotted the young man’s car. Boone County deputies attempted to make a traffic stop of the man’s Charger, but claim he fled the scene.
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Law enforcement found the vehicle abandoned in an intersection in the Lake of the Woods area. Apparently deputies looked through the vehicle and claim that items were found to connect the man to the alleged burglary that had been reported earlier. The man was later arrested on suspicion of burglary.
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<p>
<br/>
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Officials, however, are looking to link the man to many other alleged crimes that were not solved before the man’s arrest. Investigators say that they obtained search warrants for the man’s residence and a storage locker in the Midway area that investigators believe can be linked to the Columbia man.
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Officials say that the two raids uncovered items that link the man to a dozen other burglaries. Deputies believe that 10 other unsolved crimes may also be linked to the man—however it does not appear that the 10 additional crimes have been charged.
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<p>
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<span style="display: initial;">
It is not uncommon for allegations to pile up after an arrest for a single alleged offense. Law enforcement may often seek to expand one investigation to overlap other probes that remain on the books.
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<br/>
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<span style="display: initial;">
The Columbia man taken into custody is facing a long string of charges, including multiple burglary and felony stealing counts, property crimes, weapons offenses and a laundry list of other offenses. While the court of public opinion may jump to conclusions in cases involving multiple counts, courts of law must presume innocence and the accused has the right to a criminal defense.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Columbia Tribune, “
</span>
<a href="http://www.columbiatribune.com/news/crime/columbia-man-suspected-in-more-than-burglaries/article_5cd1aed6-4252-11e3-aaf1-10604b9f7e7c.html" target="_blank" style="display: initial;">
Columbia man suspected in more than 20 burglaries
</a>
<span style="display: initial;">
,” Alan Burdziak, Oct. 31, 2013; KRCG 13, “Suspect arrested in Boone County burglary,” Oct. 24, 2013
</span>
</p>
</div>Outside professionals can help in many areas of family law2013-10-30T19:22:18Z2013-10-30T19:22:18Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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<span style="display: initial;">
Many Columbia area residents take pride in running a family business. But when a family breaks apart and divorce is on the horizon, a business owner may need the help of outside professionals in determining the value of a business for the purposes of the family court issues. That may not be a surprise for some business owners. But the idea of consulting with knowledgeable professionals in many areas of family law may not be as obvious.
</span>
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<p>
<br/>
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<span style="display: initial;">
Family law proceedings can involve the use of professionals, sometimes called experts, in a particular field to assist in presenting and evaluating issues in a divorce. A business valuation professional may be useful in not only putting a number on the valuation process, but also in evaluating if some or more of the business should be considered separate property from the marital estate.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
But outside professionals may need to be consulted in other areas that do not seem as obvious. A real estate professional may be able to help in disputes related to the family home or vacation properties. If one spouse has not worked for a period of time during the marriage, a vocational professional may assess issues related to job prospects for a person, which may relate to spousal and child support issues.
</span>
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<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
When it comes to children, child custody evaluators may be consulted to weigh in on custody and visitation arrangements in a divorce. Psychological professionals may be of assistance in appropriate cases in helping to resolve the complex issues involved in child custody and visitation disputes.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/caroline-choi/using-experts-in-your-divorce_b_4137618.html" target="_blank" style="display: initial;">
Divorce Confidential: Using Experts In Your Divorce
</a>
<span style="display: initial;">
,” Caroline Choi, Oct. 24, 2013
</span>
</p>
</div>Many still looking for answers in Columbia I-70 fatal bike crash2013-10-29T19:22:19Z2013-10-29T19:22:19Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Many questions remain surrounding what happened on Interstate 70 over the weekend before and after a fatal truck and bicycle accident occurred early Saturday. Authorities say that a truck driver called authorities to report having allegedly hit something along the interstate–law enforcement says that the trucker reported hitting a deer.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Apparently, no investigation into the interstate accident was made until sometime much later in the day Saturday. Later that morning, other calls began pouring in to law enforcement reporting blood and clothing on the interstate. Police eventually responded to the area and found the body of a man near the Lake of the Woods exit along I-70. The man was dead and a bicycle was found nearby his body.
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After police found the body of the 36-year-old Columbia, Missouri, man, investigators closed down lanes of traffic on westbound I-70 to try to determine what may have happened. Reports of a rollover accident in the same area during the investigation caused more problems. Details about that rollover were not reported in the same news article. But, the second accident posed new problems for investigators. Police are still trying to determine if all of the calls early Saturday were related to the fatal accident.
</span>
</p>
<p>
<span style="display: initial;">
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</p>
<p>
<span style="display: initial;">
Our systems of information and investigation serve many important purposes. As a culture, knowing about accidents is more than mere rubber-necking as media accounts can help improve safety into the future. A law enforcement probe into a wreck also may serve this type of purpose. But, a government (or an additional independent individual probe) can provide the families of an accident victim with vital information about what may have been involved in causing the tragedy
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: ABC 17, ” Family mourns man hit and killed on I-70,” Dana Clemens, Oct. 29, 2013
</span>
</p>
</div>Former Missouri trooper gets plea deal in child molestation case2013-10-24T19:22:22Z2013-10-24T19:22:22Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A former Missouri State Highway Patrol trooper who was charged with felony child molestation may avoid time behind bars under the terms of a plea bargain he entered into earlier this week. The former trooper was scheduled for trial on Tuesday on charges of first-degree child molestation and a misdemeanor count of assault. Monday, the 71-year-old Neosho, Missouri, resident entered guilty pleas to two misdemeanor level offenses to avoid the felony charge under a deal with state attorneys.
</span>
</p>
<p>
<br/>
</p>
<p>
The man will serve two years on probation, according to an Associated Press account carried by KOMU News in Columbia. The judge suspended jail sentences in the sentencing order. The man pleaded guilty to child endangerment and received a suspended one-year jail sentence on that charge. He received a 15-day suspended sentence on a misdemeanor assault conviction under the terms of the plea deal.
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A person given a suspended sentence may avoid serving the time entirely by successfully completing the terms and conditions of probation. However, an alleged probation violation could result in revocation of the probation, and the judge could execute the jail (or prison) sentence.
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The former trooper was accused of molesting a girl. The 11-year-old had told authorities that the man had engaged in what prosecutors claim was unlawful contact with the child on occasions stretching across a period of several years. Among the allegations of unlawful contact, police claim that the man had rubbed the 11-year-old’s thigh on more than one occasion.
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The man has been ordered to stay away from any children, with the exception of his own grandchildren while on probation. He will have to undergo counseling as a term of his probation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KOMU, “
</span>
<a href="http://www.komu.com/news/ex-missouri-trooper-agrees-to-plea-in-molestation-case/" target="_blank" style="display: initial;">
Ex-Missouri Trooper Agrees to Plea in Molestation Case
</a>
<span style="display: initial;">
,” The Associated Press, Oct. 23, 2013; The Joplin Globe, “Retired trooper assessed probation in molestation case,” Jeff Lehr, Oct. 22, 2013
</span>
</p>
</div>1 killed several injured in multi-vehicle Barry County wreck2013-10-24T19:22:21Z2013-10-24T19:22:21Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Four vehicles were involved in a traffic accident Wednesday morning that left one man dead. Several other accident victims suffered injuries serious enough for authorities to call in helicopters to bring the victims to hospitals in Springfield, Missouri.
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<span style="display: initial;">
The four car wreck erupted after police say a 34-year-old woman crossed over the center line on Barry County Route W. Her Chevrolet Trailblazer slammed into a Ford Ranger first–then the sport utility vehicle struck a Malibu. That second collision sent the Malibu spinning back over the center line where it was struck by a Dodge Durango.
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A passenger in the Malibu was killed in the multi-vehicle accident. The Malibu is the car that was struck twice–once each by the Trailblazer and the Durango. The driver of the Malibu survived, but the Missouri Highway Patrol says that the 27-year-old Purdy, Missouri, woman suffered serious personal injuries. She was one of four people who were flown to Springfield after the multi-car wreck.
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</span>
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The three others to suffer serious injuries who were airlifted were the driver of the Ranger and two passengers from the Durango. The highway patrol says that the woman driving the Trailblazer that crossed the center line before the fatal wreck and her 3-year-old passenger suffered mild to moderate injuries.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When more than two vehicles are involved in a car accident, the issues that can arise in the investigation can become complicated. Accident victims may see low-ball offers from insurance companies who may not want to cover losses that the accident victims have sustained. But, it is important that survivors of a multiple vehicle wreck seek the proper treatment during the recovery process.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KOLR 10 News, “Wheaton Man Dies in Four-Vehicle Accident,” Oct. 24, 2013
</span>
</p>
</div>Study says peer groups may divorce at similar times2013-10-22T19:22:23Z2013-10-22T19:22:23Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There has been much ado about the effects of social media in recent years. But for generations parents have worried about potential issues that can arise with the kids due to peer pressure. So why is it somewhat surprising for some people to learn that researchers not only find links between life events and members of social networks?
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<p>
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In defining the social networks and what researchers curiously call social contagions, various studies over the years have looked at a variety of different areas. In 2006 a researcher looked into the apparent link between siblings and the birth of children in a family. The economist noted that a person who recently became an aunt or uncle was more likely to soon become a parent as well.
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Other studies have looked at things like the apparent contagious affect of obesity in classrooms, where peer groups were more likely to add weight together. It is not clear of any of these studies control for the fact the social networks typically involve people of the same age group and position in life.
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<span style="display: initial;">
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<p>
<span style="display: initial;">
Now, researchers claim that a link can be found among social groups and the divorce rate. Ironically, the research seems to be a byproduct of a long-running study that seeks to better understand heart disease. The study began looking at groups of people in 1948 to learn about cardiovascular disease, and over the course of many years, updates to the longitudinal research folded in offspring of the original study participants.
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<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
Each participant is interviewed on a recurring basis. The researchers claim that after reviewing three generations of data, they think that the study shows that a married person is 75 percent more likely to divorce if a friend goes through divorce. When a friend of a friend divorces, the chance of the married subject to seek divorce sits at 33 percent.
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</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
For people who are going through a divorce, the research may serve a small function in showing that a person may not be as alone as it seems. But, in reality, the research may only reflect a mathematical function of the divorce rate. A researcher may simply find information that is consistent with the lens through which data is reviewed.
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<p>
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</span>
</p>
<p>
<span style="display: initial;">
When a marriage breaks down, it is important for a person to understand that friends and family may be an important source for support. But, it is also important to consider the issues in the divorce process directly to protect individual rights that may ultimately be outlined in the final decree.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Pew Research Center, “
</span>
<a href="http://www.pewresearch.org/fact-tank/2013/10/21/is-divorce-contagious/" target="_blank" style="display: initial;">
Is divorce contagious?
</a>
<span style="display: initial;">
,” Rick Morin, Oct. 21, 2013
</span>
</p>
</div>High Asset DivorceFamily of woman killed in White House incident seeks child custody2013-10-16T19:22:24Z2013-10-16T19:22:24Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
News of an apparently distraught woman made headlines in early October when authorities say that she rammed a barricade near the White House. The alleged incident led to a chase, and ultimately the death of the woman, who authorities shot.
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</span>
</span>
</p>
<p>
<span style="display: initial;">
Sources say that the mother was suffering from post-partum depression. The woman’s sister, however, says that the family does not know why the woman traveled to Washington D.C. that day—the family says that it is not clear if the woman’s battle with depression was involved in the incident.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The woman had a 14-month-old child in the car when police opened fire October 3, killing the mother. The baby was placed in the custody of her father, who reportedly is estranged from the family of the mother. The child’s maternal aunt filed papers October 10 in family court seeking temporary custody of the baby.
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</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The woman seeking custody is the sister of the child’s mother. The sister says that she had hoped to get a court order for temporary custody of the child prior to the funeral of the child’s mother. However, the Stamford Advocate reports that the judge denied the ex parte motion October 11—the day after the papers were filed in family court.
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</p>
<p>
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</p>
<p>
<span style="display: initial;">
While the application for temporary custody was denied in early October, the family of the deceased mother apparently is continuing to seek legal custody of the child. The family claims that before the incident near the White House, the child’s father had not been involved with the baby or provided financial support for the two months preceding the incident.
</span>
</p>
<p>
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</p>
<p>
<span style="display: initial;">
The baby’s aunt is seeking custody of the child. She says that the baby has an established relationship with her maternal grandmother and aunts.
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</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A custody hearing is scheduled for October 24, according to the Advocate.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The news account suggests that many of the arguments raised by the aunt in the custody battle relate to the relationship between the child and the maternal grandmother, including grandparent visitation issues.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In Missouri, grandparents may be able to seek grandparent visitation rights through a court order in certain circumstances. Notably, like in any child custody and visitation issue, courts view the dispute through the lens of the best interests of the child standard.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Stamford Advocate, “ Baby in D.C. police shooting in custody battle,” John Nickerson, Oct. 11, 2013
</span>
</p>
</div>2 killed when vehicle slams into turning school bus in Highway 502013-10-15T19:22:25Z2013-10-15T19:22:25Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Two men were killed in an accident between a minivan and a school bus on Highway 50 near Warrensburg, Missouri, Tuesday. The Missouri Highway Patrol says that the school bus was loaded with 50 students from Centerview, Missouri. A dozen of the students required a trip to hospitals after the highway accident. Officials report that all of the injuries suffered by students aboard the bus appear to be minor.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
Officials say that the bus driver was attempting to make a right turn from Route 50 while traveling east. A minivan or sport utility vehicle slammed into the rear of the bus. One student who is a high school sophomore told KHSB News that shards of glass were sprayed in the school bus—she could feel the glass hitting her. But, she notes that she could see the vehicle that struck the bus. The vehicle had caught fire.
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</p>
<p>
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</p>
<p>
<span style="display: initial;">
The bus driver evacuated the bus, due to the danger of fire when the passenger vehicle burst into flames.
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</p>
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</span>
</p>
<p>
<span style="display: initial;">
Two men, a 34-year-old Knob Noster resident and a 20-year-old Leeton, Missouri, resident who had been traveling in the passenger vehicle did not survive the crash and were pronounced dead at the scene.
</span>
</p>
<p>
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</span>
</p>
<p>
<span style="display: initial;">
Law enforcement continues to investigate the fatal accident. Authorities say that the bus driver was using the turn signal when the passenger vehicle crashed into the back of the bus.
</span>
</p>
<p>
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<br/>
</span>
</p>
<p>
<span style="display: initial;">
It is not clear how fast the trailing vehicle was traveling before impact. Sources say that the minivan ran underneath the school bus, being wedged underneath the larger vehicle. The Missouri Highway Patrol says that investigators do not know what factored in to the cause of the accident.
</span>
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<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
Highway accidents may often involve high speeds and can happen in the blink of an eye. While it is not known what kind of speed was involved in the recent Highway 50 wreck, reconstructing and piecing together the events can be an arduous process. Even when witnesses see a crash, the complete picture of what happened can change as an investigation develops. Discovering what occurred is an important process for safety officials, victims of a wreck and the families of traffic accident victims.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KSHB 41 Action News, “Two dead in accident involving school bus carrying 50 students near Warrensburg,” Garrett Haake, Oct. 15, 2013
</span>
</p>
</div>Boone County deputies find a few grams of meth in drug raid2013-10-14T19:22:26Z2013-10-14T19:22:26Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Law enforcement conducted a raid at a location along O’Neal Road Friday and claim to have found a few grams of methamphetamine. Deputies say that the raid was conducted under a search warrant and nobody under suspicion of criminal activity was present at the scene of the raid. But, in addition to the relatively small quantity of meth discovered at the unoccupied location, law enforcement believes that other materials seized indicate that a larger meth operation may be linked to the location.
</span>
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</span>
</p>
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<span style="display: initial;">
Boone County deputies say that so-called “packaging materials,” weapons (including five long guns and a pistol) and other items that law enforcement characterize as drug paraphernalia were located during the search. Officials apparently believe that the find is sufficient to charge at least one person with drug crimes. Law enforcement expects to use the evidence seized during Friday’s raid along with other information to conduct future raids.
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<span style="display: initial;">
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</p>
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No formal charges appear to be involved yet, as deputies seek to find a suspect first. However, law enforcement says that it may call in prosecutors at a later date if no arrest is made to obtain a warrant for one person who police believe can be linked to the investigation.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
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Officials think that the evidence seized may be linked to some kind of meth distribution ring–law enforcement says that a group of people may be working together to move meth. The recent raid is linked to a larger law enforcement probe into imported meth from Mexico, according to the Columbia Tribune.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
Our criminal justice system has a number of important concepts, including the right to remain silent and the right to the representation of a criminal defense lawyer. Criminal charges are not something that should be thrown around based upon speculation. A person suspected of a crime may consult with legal counsel even before criminal charges are filed.
</span>
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<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When groups of unidentified (and possibly unknown) people are suspected in media reports, Missouri readers should have these constitutional principles in mind. Government overreach is a concern that criminal defense lawyers across the country seek to fight against on a regular basis to protect people from unreasonable government intrusions.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Columbia Tribune, “
</span>
<a href="http://www.columbiatribune.com/news/local/o-neal-road-bust-nets-drugs-and-guns/article_d1f540f4-32af-11e3-999d-0019bb30f31a.html" target="_blank" style="display: initial;">
O’Neal Road bust nets drugs and guns
</a>
<span style="display: initial;">
,” Alan Burdziak, Oct. 12, 2013
</span>
</p>
</div>Police: Truck driver fell asleep before fatal accident2013-10-10T19:22:29Z2013-10-10T19:22:29Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In late August, we discussed the court battle over federal driver fatigue regulations in the trucking industry. Federal officials instituted new rules in 2011 aimed at reducing the risk of drowsy driving in the trucking industry and a federal appellate court upheld the majority of the rules earlier this year.
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Fatigued driving is not necessarily confined to the trucking industry. In fact drowsy driving can be a serious problem on any Missouri road. A sleepy driver can be dangerous, as a recent story making national headlines highlights. Authorities in a mountain state responded to the scene of a fatal truck and pedestrian accident Wednesday afternoon along U.S. 40.
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Emergency personnel found a 48-year-old man from the West Coast who had been struck by a truck. Officials believe that the fatal accident victim had been walking along the shoulder of the highway in a nationwide trek. He was hoping to raise awareness about school bullying after his son committed suicide in February. The child had been bullied over his sexual orientation before the suicide.
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During the father’s awareness trek, the man met up with a tragic set of circumstances. Police believe that the man was walking eastbound along the shoulder when a truck swerved and delivered the fatal blow. Authorities believe that the truck driver fell asleep at the wheel before the fatal truck and pedestrian accident, which was reported around 5:30 in the afternoon on Wednesday. The trucker was cited for careless driving. An investigation continues.
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Motor vehicle crashes may often involve complex and competing factors related to causation. Most motor vehicle wrecks involve two or more vehicles. But, when an accident involves a motor vehicle and a pedestrian, the risk of serious injury or death for the pedestrian may be apparent to most Columbia, Missouri, residents.
</span>
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<p>
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The Federal Motor Carrier Safety Administration says that its research from 2007 indicates that fatigued driving, alcohol and speeding are all frequently contributing factors in motor vehicle crashes. Drunk driving and other traffic laws have been on the radar for many years. But, highway safety officials continue to look for better ways to control fatigued driving as a source of potentially fatal accidents.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: USA Today, “
</span>
<a href="http://www.usatoday.com/story/news/nation/2013/10/11/oregon-pedestrian-gay-bullying-walk-killed/2965371/" target="_blank" style="display: initial;">
Truck kills man on trek to call attention to gay bullying
</a>
<span style="display: initial;">
,” Kerry Leary, KUSA-TV, Oct. 11, 2013
</span>
</p>
</div>Missouri teen death over imitation LSD prompts two teen arrests2013-10-10T19:22:28Z2013-10-10T19:22:28Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A freshman from a Missouri high school was rushed to a hospital in Kansas City on October 4 after being found unconscious. The teen could not be saved and was pronounced dead at the medical facility. Authorities have arrested two other teens on suspicion of drug crimes related to an investigation following the tragic teen death.
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Police believe that the teen who died had ingested a synthetic drug that purportedly is intended to mimic LSD. Police claim that a 17-year-old sold the synthetic substance to the freshman who later died and a second 14-year-old on October 3. Investigators say that the two teens who had bought the synthetic drug had originally approached an 18-year-old male, seeking to buy drugs. Authorities say that the 18-year-old referred the two younger teens to the 17-year-old woman.
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Now, both the 18-year-old male and the 17-year-old female have been charged with felony drug crimes over the allegations uncovered during the investigation into the teen’s death. The two were booked into the Platte County Jail on charges of felony distribution of an imitation controlled substance. Bond was set for each person at $25,000. The woman also faces separate marijuana possession and drug paraphernalia allegations.
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<p>
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In recent years an increasing number of drug crime allegations involve synthetic substances. News media outlets nationwide have covered a variety of stories over synthetic compounds commonly referred to as bath salts, spice and other monikers. The recent arrests involve allegations of a synthetic compound created to mimic the effects of acid, or LSD. Authorities continue to investigate the issue, but it appears that forensic chemical testing has not been completed in the criminal investigation.
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<p>
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<br/>
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<p>
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It may seem counter intuitive that authorities may bring charges for alleged drug crimes before even knowing what the substance is that they are testing. However, a criminal charge is not proof of guilt in the first place, and authorities tend to charge higher levels of an offense than their own allegations can support.
</span>
</p>
<p>
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</span>
</p>
<p>
<span style="display: initial;">
While a media account may often relay government information in a criminal case, the facts may not be as cut and dried as chronicled in the media.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/2013/10/10/ethan-rickman-dies-dead-acid_n_4076860.html?utm_source=concierge&utm_medium=onsite&utm_campaign=sailthru%2Bslider%2B" target="_blank" style="display: initial;">
Ethan Rickman, 14, Dies After Taking Synthetic Drug ‘Acid’
</a>
<span style="display: initial;">
,” Andres Jauregui, Oct. 10, 2013
</span>
</p>
</div>Missouri appellate ruling upholds termination of parental rights2013-10-08T19:22:30Z2013-10-08T19:22:30Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A long running legal dispute over family law and juvenile law issues has been decided again the Missouri Court of Appeals. The battle involves issues in juvenile court surrounding the termination of parental rights of a woman who was incarcerated in 2007, and the adoption of her biological child after the mother’s rights were terminated.
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Originally, a Missouri judge terminated the mother’s parental rights in 2008 on the basis that the woman failed to maintain a relationship with her biological child while incarcerated. After the court found that she failed to try to maintain contact or provide for her child, the court terminated her parental rights. The child was then adopted by a Missouri couple.
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<p>
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The case rose to the Missouri Supreme Court, which in early 2011 remanded the issues back to the trial court.
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<span style="display: initial;">
The state high court says that Missouri law was not properly followed and ordered a new trial on the termination of parental rights issue. Last year, the trial court again terminated the mother’s rights. Monday, the appellate court upheld the termination issue a second time.
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Adoption cases do not necessarily involve an underlying termination of parental rights issue, but some cases can follow a termination of rights.
</span>
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<p>
<span style="display: initial;">
Missouri family law does not necessarily work in a vacuum. A parent facing a termination of rights issue may wish to defend against the claim. Similarly, adoptive parents look forward to the adoption proceeding as a happy event. In fact, judges all across the country, including here in Missouri, often look at adoption cases as uplifting.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In any legal proceeding, it is important that the I’s are properly dotted, the Ts are crossed, and potential legal issues throughout the web of laws are considered.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Kansas City Star, “
</span>
<a href="http://www.kansascity.com/2013/10/09/4541398/missouri-appeals-court-upholds.html" target="_blank" style="display: initial;">
Missouri appeals court upholds ruling in Guatemala adoption case
</a>
<span style="display: initial;">
,” Oct. 9, 2013
</span>
</p>
</div>Paternity issues and rights in Missouri can be important claims2013-10-02T19:22:32Z2013-10-02T19:22:32Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Paternity cases in Missouri may arise for a variety of reasons. In some instances, an unmarried mother may seek to establish paternity for the purposes of seeking a child support order and to provide a legal basis for other financial purposes. A man may seek to establish that he is the father of a child in order establish parental rights for the purposes of child custody or visitation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
These types of issues have become more common in recent decades throughout the country. Generally, issues of paternity and child custody are a relatively private matter that is not usually newsworthy for the public media.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
However, paternity and child support issues can make headlines when some sort of celebrity is involved. That idea seems to be a repeating issue for former NBA great Michael Jordan, as outlined in a story carried by the St. Louis American. A woman claims that Jordan is the father of her child—the child was born in August 2010. The woman reportedly posted an update on her Facebook page recently questioning why Jordan has not provided support for the young girl.
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<p>
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Jordan denies that he is the child’s father and says the woman’s claim is all about money. The woman has filed a paternity action in family court in her home state. Jordan has responded to say that the child’s paternity has already been legally established, and that he is not the father.
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<p>
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</p>
<p>
<span style="display: initial;">
This is the second paternity suit that the former NBA player (and now majority owner of an NBA team) has faced this year. A woman filed a paternity suit against Jordan earlier this year—a claim that was subsequently dismissed by the court.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The St. Louis American, “
</span>
<a href="http://www.stlamerican.com/entertainment/hot_sheet/article_1cad9f06-2c43-11e3-9706-001a4bcf887a.html" target="_blank" style="display: initial;">
Fresh paternity suit for Michael Jordan
</a>
<span style="display: initial;">
,” Oct. 3, 2013
</span>
</p>
</div>Animals, including deer or dogs, can be hazards on Missouri roads2013-10-02T19:22:31Z2013-10-02T19:22:31Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
With fall upon us the Missouri Highway Patrol is urging motorists to be aware of the dangers that can arise on Missouri roads as the deer mating season runs its course. State officials say that nearly 4,000 car accidents occurred last year between vehicles and roaming deer. Fall also brings issues that tend to flush deer onto the roads, including the fall harvest and hunting season.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
State officials say that it is important (especially during the low light times surrounding early evening and early dawn) for drivers to remain diligent while traveling on open roads. Highway officials caution motorists to reduce speed when spotting a deer because they often are found in groups. Animals in the roadway can cause issues for drivers. A car striking a deer can cause serious injury (including to the deer). But animals on the road can also cause other traffic problems.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
For instance, officials say that a dog in the road may have led to a serious accident near Carthage, Missouri, last Friday evening. The Missouri Highway Patrol says that a 33-year-old driver tried to avoid a dog in the roadway on Missouri Highway 59 and crossed into oncoming traffic. The 16-year-old driver of an oncoming car was seriously injured when the two vehicles hit head on.
</span>
</p>
<p>
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</p>
<p>
<span style="display: initial;">
The man who swerved to apparently avoid the loose dog, and a passenger in his vehicle, suffered moderate injuries, according to the highway patrol. All three people were taken to a Joplin hospital for treatment.
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</span>
</span>
</p>
<p>
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While the season indicates that deer on the roadway can be hazardous to drivers, animals and other obstacles on any road anytime during the year can cause problems that can lead to a motor-vehicle wreck.
</span>
</p>
<p>
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</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Joplin Globe, “Three motorists hurt in accident south of Carthage,” Sept. 29, 2013; Columbia Daily Tribune, “Motorists urged to be aware of deer,” The Associated Press, Oct. 1, 2013
</span>
</p>
</div>Out-of-state doctor accused of sex crime in Missouri2013-10-01T19:22:33Z2013-10-01T19:22:33Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A Laclede County, Missouri, man says that he discovered sexually explicit content on his 16-year-old son’s cellphone and notified the Missouri Highway Patrol. The alleged “sexting” content included images, text language and a video that authorities believe were sent from a 36-year-old doctor in another state. Officials claim that an investigation into the alleged sexting incident suggests that the teen and the man each exchanged sexually explicit content.
</span>
</p>
<p>
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</p>
<p>
<span style="display: initial;">
Law enforcement claims that the Oklahoma doctor sent a text message to the Missouri teen last week that purported to set up a meeting at a Springfield, Missouri, hotel between the two. Officers went to that motel Saturday and ultimately arrested the Oklahoma man on suspicion of a sexual exploitation of a minor charge, according to the News-Leader. Sexual exploitation is essentially a form of child pornography allegation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
So-called “sexting” issues have garnered many headlines in recent years, especially related to scandals among adult politicians. However, child pornography issues may arise if sexually explicit content involving a person under the age of 18 is implicated.
</span>
</p>
<p>
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</p>
<p>
<span style="display: initial;">
In the recent Greene County, Missouri confrontation between the doctor and authorities, law enforcement says that during an interrogation the Oklahoma man says that he met the Missouri teen online. Authorities claim that the man has met other teens (as young as 14) online through a number of websites. Officials say that some of the websites are “hidden” sites, according to the newspaper account.
</span>
</p>
<p>
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</p>
<p>
<span style="display: initial;">
The man was booked into the Greene County jail and could be facing up to 30 years if convicted of the Missouri sex crime charges.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: News-Leader, “ Doctor facing child porn charge,” Oct. 1, 2013
</span>
</p>
</div>Retirement assets may be at issue in Missouri divorce2013-09-26T19:22:36Z2013-09-26T19:22:36Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Many individuals seeking a divorce may wish to rush through the basics to get closer to the final divorce decree. Individuals or couples seeking a divorce may, at times, hope to go through a proceeding without representation. Some pitfalls, or oversight of the issues, can arise in many areas, especially if all of the “I”s are not dotted and the “T”s are not crossed.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Take for instance retirement assets. Many people seeking dissolution of marriage may tend to overlook retirement assets when dividing property. In many cases, retirement accounts or pension plans may fall into the category of marital property. Some people carry significant assets in a retirement account.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While retirement assets can be included in many cases in the marital estate, simply making a distribution can incur tax liability. Similarly, if the issues are not properly addressed in the legal documentation, unintended consequences may flow.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Dividing retirement assets may involve legal paperwork that can help to ensure that the assets will be properly taken care of. Many Columbia, Missouri, area residents may be aware of the tax liabilities and penalties that can attach to distributions of retirement assets. Transfers of funds, if not accomplished properly, can also lead to unintended consequences.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Many retirement programs require specific documentation to properly accomplish a division of the assets. A document known as a Qualified Domestic Relations Order is generally recognized as a necessity in dividing retirement assets in a divorce—but proper drafting of the document is vital.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Missouri residents seeking dissolution of marriage may wish to consult with financial professionals or a divorce lawyer to help avoid pitfalls in how assets are divided in a divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: FOX Business, “How to Split up Retirement Assets in a Divorce “, Marilyn Bowden, Sept. 16, 2013
</span>
</p>
</div>Mexico High student charged with making terroristic threat2013-09-26T19:22:35Z2013-09-26T19:22:35Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Most people understand that the Constitution guarantees many rights, including the right to free speech. But, it is important to note that many rights are not absolute, and laws make it onto the books that seem to infringe on important rights. But, despite the existence of a law, when prosecutors rely on the statute to bring criminal charges, a review and assessment of the individual facts is important to protect rights.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Take, for instance, the Missouri law prohibiting terroristic threats. In today’s culture, many may believe that this has to do with some level of national security issue related to terrorism, based upon the name. But, it is essentially a charge for an alleged criminal threat. The issue comes to light after the recent arrest of a high school kid from Mexico High.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
The Missouri teen is charged with making a terroristic threat while boarding a school bus last week. Authorities claim that the young man donned a homemade mask and whispered to the bus driver. The driver claims that the teen whispered that he was going to kill people.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
Prosecutors are pursuing the case in criminal court. The teen is accused of making a terroristic threat. He was released on bond last Friday and is scheduled to appear in court for arraignment on October 8.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
In most cases in Missouri a charge of making a terroristic threat is a felony. Any felony level offense can bring serious consequences in the criminal case. Long-term collateral consequences in these types of cases may also follow a conviction, especially considering the prevalence of background checks in employment and academic opportunities.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KOMU, “
</span>
<a href="http://www.komu.com/news/court-date-set-for-mexico-high-school-student/" target="_blank" style="display: initial;">
Court Date Set for Mexico High School Student
</a>
<span style="display: initial;">
,” Christine Roto, Sept. 24, 2013
</span>
</p>
</div>Tire failure suspected in serious injury accident in Fulton2013-09-25T19:22:37Z2013-09-25T19:22:37Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Police suspect that tire failure may have led to a serious single-vehicle accident Wednesday afternoon in Fulton, Missouri. Authorities say that a 61-year-old Fulton man lost control of his vehicle, first running into the median, then crossing back through the highway before crashing into the ditch. The single-vehicle wreck occurred on Highway 54.
</span>
</p>
<p>
<span style="display: initial;">
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Fortuitously,–perhaps–an ambulance from Callaway County was traveling behind the man’s car and the crew was already on scene to begin providing emergency treatment in the immediate aftermath of the wreck. The driver suffered serious, but undisclosed, injuries.
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A helicopter was called in to transport the accident victim to University Hospital in Columbia, Missouri, for treatment. While details about the accident have not been fully investigated, preliminary reports indicate that the driver-side front tire may have failed in leading to the injury accident.
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Tire failure is not uncommon in serious injury accidents. While the days of the inner-tube are gone on passenger vehicles, a number of issues today can still lead to tire failure.
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The National Highway Traffic Safety Administration looked deeply into tire-related factors in car accidents several years ago. The study followed the realization that more than 78,000 crashes in 2003 evolved from tire or wheel related issues on passenger vehicles. That year, more than 400 people died and 10,275 people suffered non-fatal injuries in accidents involving an issue with the wheels on passenger vehicles.
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Many Columbia, Missouri, area residents may be aware of issues that have arisen in recent years involving manufacturing or design defects related to tires intended to be used on passenger vehicles. Obviously, many different factors can cause a tire to fail, including worn tires, a lack of tire pressure, degradation of the tire, or defects within the tire itself.
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<span style="font-weight: bold; display: initial;">
Source
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: KRCG 13 Connect Mid-Missouri, “Driver airlifted to hospital after highway crash,” Sept., 25, 2013
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</div>In an improving economy, commentators say divorce is on the rise2013-09-18T19:22:38Z2013-09-18T19:22:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Commentators are noting that the improving overall economy and rise in the housing market in recent months across the nation has translated into a rise in the number of people filing for divorce. The idea of the apparent increase in the number of cases hitting family court is generally linked to the idea that many homeowners are seeing more equity in the home.
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During the recession, many people fell underwater to the mortgage, reducing options with what to do with the home. Commentators believe that with an improvement in the housing market, more couples are deciding to file for divorce, due to an increase in economic confidence.
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Property division in a Missouri divorce proceeding can be a difficult issue for many divorcing couples. Obviously, parents with minor children may have tensions in the area of child custody and support issues. But, when a marriage with children is dissolved, and a home is also a part of the marital property, the divorce settlement negotiations can be further complicated by the value of overall marital assets.
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Each divorce has its own structure, as each household has its own unique set of facts. But, trends in family law issues can, from time-to-time, seem to make news–such as the current apparent link between an improving economy and an increase in divorce filings.
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A professor from Marquette University recently told the Los Angeles Times that a potential link between the potentially improving economy and the divorce rate has been noted, here and in other settings. The researcher notes that the divorce rate in England fell to historic lows after the world economy collapsed in 2008.
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The professor says that a troubled economy can put enormous stress on a marriage, but with the loss of equity in the home, selling the home in a divorce may not provide enough money for one household to become two. With an improving economy and housing market, the analyst believes that improving economic issues have allowed more people to decide to formally end the marriage after struggling through the prior tough economic times.
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Source
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: Los Angeles Times, “
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<a href="http://www.latimes.com/business/money/la-fi-mo-divorce-increases-improving-economy-20130918,0,2176337.story" target="_blank" style="display: initial;">
Divorces increase as improving economy makes split-ups affordable
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,” Stuart Pfeifer, Sept. 18, 2013
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</div>Former teacher sentenced in Missouri child pornography case2013-09-17T19:22:40Z2013-09-17T19:22:40Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Many people in the Columbia, Missouri, area may be familiar with the concept of double jeopardy in criminal cases. The Constitution guarantees that people cannot be placed twice in jeopardy for the same offense. However, the concept generally does not apply when state and federal prosecutors each take a bite at bringing criminal charges.
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A recent story out of Lincoln County highlights how a person accused of an offense may have to defend against charges in both state and federal court. Authorities claim that the man surreptitiously videotaped boys in the shower area at a Missouri summer camp between 2007 and 2012.
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The Winfield, Missouri, man is a former middle school teacher. He was arrested last year on suspicion of videotaping boys in various stages of dress at an educational camp in Cuivre River State Park. He was charged in state court with possession of child pornography. But, federal officials also jumped into the fray and brought a string of federal charges alleging unlawful production of child pornography under federal law.
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The man pleaded guilty to eight counts in the federal case, and he also entered a guilty plea in the state court case. On September 9 in the state case, the Missouri judge sentenced the man to seven years in prison. The judge ordered that the state sentence run concurrent with any future federal sentence imposed in federal court.
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The man faces 15 to 30 years on each of the eight counts in federal court. Although he has already pleaded guilty to the federal charges, he has yet to be sentenced in federal court.
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Source
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: St. Louis Post-Dispatch, “
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<a href="http://www.stltoday.com/news/local/crime-and-courts/former-fort-zumwalt-math-teacher-gets-years-for-videotaping-campers/article_6634ebbb-632f-5d6a-9b88-b259019eee6d.html" target="_blank" style="display: initial;">
Former Fort Zumwalt math teacher gets 7 years for videotaping campers in shower
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,” Sept. 16, 2013
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</div>Fail to yield Missouri motorcycle wreck claims one, injures two2013-09-15T19:22:41Z2013-09-15T19:22:41Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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The Missouri State Highway Patrol says that a Saturday morning accident east of Springfield, Missouri, sent three people to a hospital. The wreck involved a Dodge pickup truck and a motorcycle. Tragically, the driver of the motorcycle succumbed to his injuries Sunday morning, according to state police.
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The wreck was reported around 11:00 Saturday morning at an intersection along Highway 125. Authorities say that a 24-year-old Walnut Grove, Missouri, resident was driving the pickup and failed to yield at a stop sign. Police believe that the pickup truck pulled out in front of the motorcycle, which had two people aboard.
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The driver of the motorcycle, a 44-year-old Strafford man, was airlifted to Mercy Hospital in Springfield with serious injuries. He died around 9:00 Sunday morning. A passenger from the bike, a 44-year-old Mt. Grove woman, was also seriously injured. There has not been an update on her condition. The driver of the pickup was also hospitalized.
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Motorcycle accidents can be severe in any kind of setting. There can be a myriad of reasons that may lead to a motorcycle accident. However, our Columbia, Missouri, area readers may not be aware that the failure of a driver to see a motorcycle happens in a majority of motorcycle accidents.
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The National Highway Traffic Safety Administration says that a staggering 75 percent of all motorcycle accidents involve at least one other vehicle. Significantly, among accidents between a bike and another vehicle, roughly two-thirds of the accidents involve a situation where the other driver failed to see the approaching motorcycle and crossed into the right-of-way of the bike, according to NHTSA statistics.
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Source
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: KOLR 10 News, “UPDATE: Man Dies in Motorcycle Versus Truck Accident,” Sept. 14, 2013
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</div>Can social media impact a Missouri divorce case?2013-09-12T19:22:42Z2013-09-12T19:22:42Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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More and more family law attorneys across the country are telling people seeking a divorce to refrain from even accessing many popular social media sites while the family court issues remain pending. For many, total abstinence from the Internet is probably not going to happen, but taking time to think through posts before placing them on the Internet, and controlling any potential privacy settings may be good intermediate steps toward reducing the risk that an Internet blurt may create problems in divorce.
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What is interesting is that the Internet as we know it today is only about 20-years-old. Social media is even younger. Facebook was developed on a college campus less than a decade ago. Now social media outlets have become abundant, and are frequently a part of many people’s daily (or weekly) lives, whethere in Columbia, Missouri, or just about anywhere else.
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But the idea of social media playing a large role in how we interact and communicate with friends as a society in today’s electronic communication world has its own issues. Electronic communications are becoming more and more pervasive as evidence in court proceedings, including those arising in family court.
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Issues beyond pure evidentiary questions have plagued people in family court arising from comments on social media outlets, according to a recent story carried by WTOP News. Some people apparently have used social media to vent about their divorce. That can complicate issues in the courtroom.
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Communicating information covered by the attorney-client privilege in a Facebook vent, for instance, can complicate the divorce case. A comment published worldwide on the Internet regarding a judge’s temporary ruling can also make its way back to the judge’s chambers, according to the article.
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Other, seemingly more innocuous postings, can cause ripples in a divorce proceeding. A simple photograph taken at a social gathering and shared with friends online may not appear so innocuous and innocent when an estranged spouse spins a yarn in argument about what the snapshot may portray. For instance, pictures of a wine glass may impact a custody dispute–snaps of a boat outing may raise property division allegations.
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Whether a person chooses to avoid the Internet altogether or not during divorce, many commentators say that every public communication should be put through a personal filter first, as the comment or other communication may wind up as part of the divorce.
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Assuming that it will be used in court in some fashion before hitting the enter button on the computer, and reflecting about how it may be used, can help reduce complications. Speaking with a divorce lawyer about issues may also help a person to avoid complications in family court.
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Source
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: WTOP, “
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<a href="http://www.wtop.com/681/3444002/Navigating-social-media-during-a-divorce" target="_blank" style="display: initial;">
Navigating social media during a divorce
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,” Neal Augenstein, Sept. 9, 2013
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</div>Missouri professor charged with growing marijuana at home2013-09-11T19:22:43Z2013-09-11T19:22:43Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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A professor from Northwest Missouri State University was arrested Friday on suspicion of drug crimes. Authorities did not open a lengthy drug crime investigation before taking the 57-year-old man into custody. Instead, authorities were looking into an alleged threat that authorities claim the man posted during a Facebook discussion with another professor.
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Apparently, law enforcement believes that the man posted comments online that drew suspicion. Authorities claim that the man made comments that reminded investigators of a mass shooting on a Texas campus back in the 60s. Police descended upon the man’s home Friday to arrest him for his online chat. But, prosecutors did not charge the man with any threat, as authorities have no idea if the online communication had any threatening quality, or if the comments were simply a joke.
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Unfortunately, police used the arrest for the man’s alleged commentary to conduct a search of his home. During the raid, officials claim that the man was running an urban marijuana grow at his residence. Prosecutors claim that police seized 10 marijuana plants and drug paraphernalia in the search. He has been charged with unlawful possession and production of marijuana.
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Generally, Missouri courts know that the home is a place that deserves the greatest amount of protection under constitutional principles against governmental intrusions. Law enforcement generally cannot simply plow into someone’s home to conduct a raid in the absence of a search warrant. It is not clear from media accounts what really happened, or what processes were involved before law enforcement went to the professor’s residence to investigate the alleged online joke.
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Criminal investigations can become unlawful when constitutional principles are not followed. Many pundits argue that defense arguments over constitutional protections are in essence “technicalities.” It is important to note that the same Constitution that allows for criminal laws and enforcement efforts to exist, limit how the government can proceed. The limitations provided in the Constitution are not any more of a technicality than the powers granted to the government.
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</div>State of Missouri vs. Stacey Dory & State of Missouri vs. Desre Dory2013-09-10T19:22:46Z2013-09-10T19:22:46Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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NEWS RELEASE
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On September 10, 2013, the prosecuting attorney/attorney general filed a MEMORANDUM OF NOLLE PROSEQUI in the cases of State of Missouri vs. Desre Dory (Case No. 12BA-CR03480) and State of Missouri vs. Stacey Dory (Case No. 12BA-CR03478). In both cases, the Dorys were charged with Second Degree Murder and Forgery. The charges have been fully dismissed and charges will not be re-filed.
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The Dorys have been full vindicated after a lengthy discover process including review of medical documents, investigation documents and the depositions of many people concerning the death of William Van Note at the University of Missouri Hospital and Clinics on October 6, 2010.
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Murder and forgery charges have also been dismissed against Elizabeth Van Note an attorney and daughter of William Van Note however, those charges are anticipated to be re-filed in the Circuit Court of Camden County along with other
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potential charges on this date.
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Concerning Stacey Dory and Desre Dory, they pleaded not guilty from the very start and we said last September after they were charged that they would be vindicated and now that vindication has occurred.
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In summary, a complete investigation has shown that Stacey and Desre had no legal culpability in the murder of William Van Note or his companion Sharon Dickson.
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</div>White Collar CrimesMack truck runs into circus van near Moberly, Missouri2013-09-10T19:22:45Z2013-09-10T19:22:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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The Missouri Highway Patrol says that a truck accident near Moberly, Missouri, injured eight people last Thursday night. The wreck was reported around 11:00 p.m. on U.S. 24. Officials say that a truck slammed into the rear-end of a van carrying a number of people from a traveling circus troupe.
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The van was part of a caravan associated with the Whirling Brothers circus. The circus performers were scheduled to appear in Columbia, Missouri, on Monday. The Missouri Highway Patrol says that eight people in the van sustained some level of personal injury in the truck accident.
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Most of the injuries apparently were fairly minor for a highway accident. However, one of the circus performers suffered what officials are characterizing as moderate injuries. She was taken to a Columbia, Missouri, hospital for treatment.
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Officials believe that the circus caravan was traveling at about 45 miles per hour when the Mack truck approached from behind the circus vehicles.
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Rear-end crashes are a fairly common form of motor vehicle wreck. The causes of a rear-end collision can seem countless. But, frequently inattentiveness of a driver may be involved. These kinds of crashes are common when traffic snarls develop and a driver fails to recognize traffic ahead has slowed. However, a rear-end accident can occur when no other traffic is around and two vehicles are traveling in the same direction.
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Accident victims in these kinds of crashes can suffer a wide range of injuries, including what many people know as “soft-tissue” types of injuries. But the forces involved can also produce a full range of injury types, ranging from scrapes and bruises to severe injuries. Head trauma, fatal injuries, broken bones and internal injuries are also possible.
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Source
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: KMOX, “Eight Injured in Mo. Crash Involving Traveling Circus,” Sept. 6, 2013
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</div>Service dog may have saved Missouri pedestrian accident victim2013-09-05T19:22:47Z2013-09-05T19:22:47Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Hit-and-run accidents may often leave many questions of what happened unanswered. Accident reconstruction experts, whether associated with the police or independent investigators looking for evidence, may be able to piece together events at the scene of the accident itself. But, many details about the events surrounding the pedestrian accident may be left without the appropriate pieces to the puzzle that can complete the overall picture.
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Police continue to look for information and evidence in a recent pedestrian accident that has been left with many missing pieces after the driver involved allegedly fled the scene. A Springfield woman was walking to a bus stop when she was struck by a vehicle. The woman was born blind and was not able to give police a physical description of the vehicle that knocked her to the ground.
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Thankfully, the woman has a service dog that was on-duty when the vehicle approached her. She says that her faithful friend saw the car approaching. Had the dog not been there to help before the crash occurred, the woman says that she has no way to know what could have happened. Still, the woman and her dog were struck.
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The driver did stop briefly. The pedestrian accident victim says that she tried to question the driver, but the vehicle eventually left the scene–with the accident victim behind. Emergency personnel took the injured woman to the hospital for treatment and evaluation. The woman still feels pain her leg from the incident, but it could have been far worse had the woman’s service dog not acted as her eyes before the car slammed into her and her protector. The dog was not injured in the hit-run accident.
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Source
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: ABC 17 News, “Police searching for driver who hit blind woman and guide dog, then drove away,” Sept. 4, 2013
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</div>Centralia woman pleads to lesser assault charge, gets probation2013-09-04T19:22:48Z2013-09-04T19:22:48Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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In May, we discussed allegations surrounding the arrest of a Centralia woman who was accused of throwing a plant hanger at her neighbor. As police investigated the allegations, law enforcement says that the woman turned on police with a bowling pin. She was ultimately arrested on suspicion of first-degree assault with a similar charge alleging a serious assault on a police officer. The slate of charges grew into a long list.
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Reports in the media indicate that the woman has resolved her criminal charges with a plea to two charges, including a lesser charge on the alleged assault. The woman entered guilty pleas to a third-degree assault charge and a separate count of resisting arrest.
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The judge sentenced the Centralia, Missouri, woman to six months on each separate count. But, the woman may not have to serve that time. The jail time was suspended and the woman was placed on probation. In all, she will serve four years on probation, with the first two years on supervised probation.
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First-degree assault charges can bring harsh consequences in Missouri if a person is convicted of the offense. Assault in the first degree is generally a class B felony, but may become a class A felony if there is evidence of serious physical injury to the victim. When the accusations involve an assault of many types of government workers, including a law enforcement officer, the offense can be brought directly as a class A felony—even without evidence of serious bodily injury.
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Class A felonies are the most serious of offenses in Missouri, and can bring not only lengthy prison terms, but may also involve lengthy minimum sentences. A plea agreement, in an appropriate case, may be useful in minimizing the potential damages, and exposure to prison time, in a criminal case.
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</div>Weekend Crash Data Report from Highway Patrol Released2013-09-03T19:22:52Z2013-09-03T19:22:52Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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The holiday weekend crash data report from the Missouri State Highway Patrol was released Tuesday. The report period is from 6:00 p.m. on Friday through 11:00 p.m. on Monday.
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The patrol stated that troopers investigated 248 vehicle accidents and reported 112 injuries. Troopers responded to 5 of the seven fatal accidents on Missouri roads throughout the holiday weekend.
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The highway patrol also reported 119 arrests for driving while intoxicated, which is down from 147 arrests from last year.
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Troopers investigated nine boating crashes and reported seven injuries. There were no boating fatalities reported this year. The patrol arrested 14 people for boating while intoxicated.
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</div>Military divorces in Missouri may offer unique issues2013-09-03T19:22:51Z2013-09-03T19:22:51Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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When a person in the military decides to divorce, unique issues can be involved as federal laws are in place to protect members of the armed services. For instance, a person on active duty cannot be ambushed with service of process when deployed to serve the country. But, other issues can also be complicated when a member of the armed forces is involved in a Missouri divorce. Take child custody and visitation issues involving a service member. The issues can have unique circumstances.
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A recent study suggests that the divorce rate among our military personnel may be affected by long-term deployments overseas. Researchers looked into the number of military divorces that occurred between the years of 1999 and 2008. More than 462,000 enlisted troops who got married while in the service were involved in the research.
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In marriages where a service member who was married in 1999 and was deployed to Afghanistan or Iraq for at least 12 months, the risk of divorce jumped 28 percent, according to the researchers. But, the study also found that the divorce rate among deployed military personnel who had married after the 9/11 terror attacks was lower. The study authors believe that couples who married after the attacks may have entered into the marriage with an understanding of the changes that the 9/11 brutality forced upon the world.
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While deployment may seem to have some impact on a marriage, according to the research, it is always important to remember that each divorce is unique. Different families have different structures, including unique property and financial structures. Parents may have different levels of understanding of how custody and support issues are handled in Missouri family court. Addressing the issues in the process with an eye to the final result is important to the process.
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<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/2013/09/03/military-divorce_n_3861441.html" target="_blank" style="display: initial;">
Military Divorce Risk Increases With Lengthy Deployments
</a>
<span style="display: initial;">
,” Sept. 3, 2013
</span>
</p>
</div>License Plate Checkpoint2013-09-03T19:22:49Z2013-09-03T19:22:49Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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The traffic unit of the Columbia Police Department is planning a checkpoint sometime between Sunday and September 14
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th
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. This safety checkpoint will be during daylight hours. The exact location is not revealed.
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Officers will stop drivers and look for anyone driving without a valid license or current insurance. As a motorist you will be asked for your driver’s license and insurance card. The delays from the checkpoint should be minimal according to the police news release.
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</p>
</div>How do legal separations work under Missouri family law?2013-08-29T19:22:53Z2013-08-29T19:22:53Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Two stories emerged this week that have created some buzz on the entertainment pages of news outlets nationwide. One report indicates that Dina Ruiz says that she and her husband, Clint Eastwood have separated and have been living apart. Eastwood’s manager has denied having any knowledge of the purported separation.
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The Eastwood-Ruiz separation comes after reports surfaced that famed couple Michael Douglas and Catherine Zeta-Jones have separated. There are no reports suggesting that either of the celebrity couples have filed for divorce, and it is also not clear whether either of the separations include legal paperwork in family court. The couples have children in their respective marriages. In the Douglas and Zeta-Jones case, sources say that the couple still hopes to work out their issues.
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While the buzz about the separations does not include details of whether or not the splits involve any legal framework, our Missouri readers may be interested to know that it is possible to seek a legal separation in our state. A legal separation may generally involve most of the issues addressed in a divorce proceeding. The one big exception is that a legal separation order does not include dissolution of the marriage itself.
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People may choose to separate for a variety of different reasons. For instance, some people may have religious reasons to seek a separation instead of divorce. However, the issues in a separation can mimic the same issues in a divorce, and a judge can later order that the separation decree be converted to divorce, should a spouse later decide to dissolve the marriage.
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Legal separation can involve dismantling the financial and property issues, just as in a divorce. The family court can address child custody, support and visitation issues in a separation, just like a divorce. Again, the major distinction is that the decree does not dissolve the marriage contract itself.
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Source
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<span style="display: initial;">
: The Star-Ledger, “
</span>
<a href="http://www.nj.com/entertainment/celebrities/index.ssf/2013/08/clint_eastwood_dina_ruiz_split.html" target="_blank" style="display: initial;">
Dina Ruiz confirms separation from Clint Eastwood
</a>
<span style="display: initial;">
,” Vicki Hyman, Aug. 30, 2013
</span>
</p>
</div>Pair from Jefferson City indicted on student loan fraud charges2013-08-28T19:22:56Z2013-08-28T19:22:56Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Federal prosecutors in Missouri are pursuing two Jefferson City people who authorities believe sought a number student loans beginning in the summer of 2005 and running into the fall of 2007. Officials claim that the student loan applications were fraudulent and prosecutors have obtained a federal indictment accusing the two people of 11 counts of federal bank-fraud-related crimes.
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Authorities say that the two people were married at the time and used another person’s name on student loan applications. The feds claim that the one or both would work on the application, and then someone would forge a signature and the third person’s name. The third person was not aware of the student loan applications, according to prosecutors.
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Authorities say that the two people were married at the time and used another person’s name on student loan applications. The feds claim that the one or both would work on the application, and then someone would forge a signature and the third person’s name. The third person was not aware of the student loan applications, according to prosecutors.
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The couple (who are now divorced) is accused of taking the student loan proceeds for their own use. Prosecutors believe that the couple obtained 11 loans, adding up to $109,000 in all. The third person, in whose name the feds claim the couple took out the loans, is only identified in the indictment by initials.
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Simple mistakes on a loan application, or possibly a simple misunderstanding, can escalate quickly into allegations of some kind of fraud scheme. We live in a culture that uses electronic communications to a fairly great degree—especially in financial transactions. The federal books that contain criminal statutes can be thick, and prosecutors may bring many counts in a white collar investigation.
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White collar and fraud defense lawyers generally scour not only the alleged evidence, but the tomes of law that may apply in a given situation, to keep prosecutors in check to help avoid unjust results in a criminal case.
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<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: Kansas City infoZine, “
</span>
<a href="http://www.infozine.com/news/stories/op/storiesView/sid/56890/" target="_blank" style="display: initial;">
Jefferson City, Missouri Man and Woman Indicted for Student Loan Fraud
</a>
<span style="display: initial;">
,” Aug. 29, 2013
</span>
</p>
</div>Federal appellate ruling upholds truck driver fatigue rules2013-08-28T19:22:55Z2013-08-28T19:22:55Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Earlier this month, a federal appellate panel upheld rules aimed at reducing the risk of driver fatigue in the trucking industry. The issues of distracted driving and drunk driving in the general public often garner a great deal of media attention (as the issues present serious hazards to motorists and pedestrians who may be in the zone of danger when a driver negligently drives drunk or is inattentive on the road). Issues of drowsy driving, however, can also present increased risks for motorists and others on, or near, any Missouri road.
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The National Highway Traffic Safety Administration says that in 2011, more than 3,700 people died in truck accidents on our nation’s roads. The agency estimates that somewhere around 88,000 people suffered personal injuries in truck accidents that same year. About 13 percent of all commercial vehicle accidents in 2011 were tied to truck driver fatigue, the NHTSA says.
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In 1999, Congress stepped in to create mandatory rules concerning the number of hours that truckers could be on the road. Rules and ideas bounced around over the years as the trucking industry, safety advocates and others battled over what may or may not serve public safety.
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In 2011, Federal Motor Carrier Safety Administration promulgated rules, which served as the basis of the most recent court challenge. A federal appellate court upheld important aspects of the rule (a short-haul rest requirement was vacated by the ruling). The main provisions, involving an 11-hour daily driving limit and a 70 hour weekly cap before a driver is required to have a 34-consecutive hour rest period, were upheld by the court.
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The concepts of driver fatigue and road safety in the over-the-road trucking industry are vitally important to all of us. But, some advocates for the trucking industry say that the rules will only increase trucking costs without improving safety on the roads.
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Although the rules are not as strong as safety advocates had hoped for, hopefully the rules will further reduce the number of truck accidents that occur each year. While drowsy driving can increase risks on the road, many other factors may be involved in accidents on Missouri’s thoroughfares, highways and other roads. Each step toward reducing the risk of accidents where a victim is harmed by a negligent driver is a step forward.
</span>
</p>
</div>Teen Dies in Car Accident in Saline County2013-08-27T19:22:57Z2013-08-27T19:22:57Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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A Saline County teen was pronounced dead at the scene of an accident on the morning of August 16, 2013.
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According to the Missouri State Highway Patrol crash report Jeffrey Pycke, 35 years old, of Slater was driving eastbound on Missouri 240 when the vehicle driven by 19 year old Dusty Reeves, of Miami, pulled into the path of Pycke. Reeves was traveling northbound on Thomson Lane. Reeves vehicle was struck on the driver’s side.
</span>
</p>
</div>Rules change for City of Columbia red-light camera violations2013-08-22T19:22:59Z2013-08-22T19:22:59Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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On Monday, August 19, 2013, the City of Columbia approved a bill to change their policy on red-light camera violations. City council members decided to drop the requirement of having a clear camera image of a motorist’s face to issue the summons for running a red light. They are now only requiring a license plate number.
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In the City of Columbia there are 4 intersections that currently have red-light cameras, Providence Road and Broadway; Stadium and Forum Boulevard; Stadium and Providence; and Stadium and Worley Street.
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The city issued 4,282 citations for red-light violations between September 2009, when the city first started the program, and September 2012. Due to the policy during that time, 7,873 incidents did not result in citations because there was not a clear image of the drivers’ face. This caused the city to lose approximately $200,000.00 of revenue between 2010 and 2012.
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The new policy also changed the red-light violation to be treated like a parking ticket. Meaning no points would be assessed to your driver’s license and you would not face any jail time. A red-light violation carries a fine of $120.00. A portion of that fine goes to Gatso, the company who installed the cameras.
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</p>
</div>Gov. Nixon opposes potential override of Missouri sex crime veto2013-08-22T19:22:58Z2013-08-22T19:22:58Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Lawmakers in Jefferson City passed a measure aimed at protecting juveniles who have been accused and convicted of a sex crime. In July, Governor Jay Nixon vetoed the bill and is now on the road seeking support for his hope that lawmakers will not overturn the veto.
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The bill aims to have the names of Missouri kids convicted of a juvenile sex offense kept off of Internet websites providing personal information about convicted sex offenders. The measure also allowed people who were convicted of a sex crime as a juvenile offender who are now adults to seek to have their names withdrawn from the public registries provided that five years have passed since the conviction was entered (or five years after they were released from prison, if applicable).
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Many younger juveniles have been listed on these registries, even when the allegations involved juvenile indiscretion in consensual relationships among kids. The bill ran through the bill unopposed with a 153 to 0 vote. It passed the Senate on a 28 to 4 count.
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Governor Nixon says too many people may potentially benefit from having their youthful indiscretions erased from the public scrutiny. He has been making appearances seeking support against an override of his veto.
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Lawmakers are slated to assemble in Jefferson City on September 11 to consider any veto overrides. Some lawmakers believe that the juvenile sex offender notification measure is a prime candidate for a veto override.
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Juvenile courts have traditionally been concerned with rehabilitation and giving kids a second chance. But, as we move through the 21st century, commentators say that prosecutors seem to be looking for to more harsh punishments of juvenile offenders. A juvenile may challenge the state’s case in juvenile court from the outset and have the representation of a juvenile defense lawyer.
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<span style="display: initial; font-weight: bold;">
Source
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<span style="display: initial;">
: CBS St. Louis, “Vetoed Bill Could Affect 870 Missouri Sex Offenders,” Aug. 21, 2013
</span>
</p>
</div>U.S. Supreme Court Cellphone Search Cases2013-08-22T04:22:18Z2013-08-22T04:22:18Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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It may not be too much longer before the U.S. Supreme Court addresses the issue on how much privacy Americans have in the information contained in and from their cellphones. With today’s advanced technologies, many use cellphones for more than just making calls. Cellphones have become Americans personal pocket computers by having the capability to make calls, send text messages, send and receive emails, update social media sites, take pictures with the camera and have access to the internet at their fingertips all day. This wasn’t a problem 10 years ago as cellphones were simply used to make calls and send text messages.
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Defense attorneys and civil liberties supporters state that police searches of physical cellphones as well as the location data collected should require a search warrant. They argue this is no different than a person’s personal computer or an email. Law enforcement groups and prosecutors state that information that has been voluntarily shared with cellphone providers or information that can be viewed on a phone, without much invasion, is much lower than with other closed containers.
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There are several cases in lower courts that could give the justices the opportunity to decide on privacy questions. The issue that may touch the justices as early as next term is whether or not and to what extent police may conduct warrantless searches of cellphone contents during a lawful arrest.
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Another issue arising is whether or not police need a search warrant to obtain cellphone location information from cellphone providers. This type of information can tell police an individual’s movements over a period of time. This information could include a complete record of everywhere you have been, including doctor’s offices, church, your child’s school functions or even a night at a friend’s house.
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When these cases reach the Supreme Court, the justices will have to decide if obtaining this information without a search warrant is in violation of the Fourth Amendment.
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</div>Brendan Fraser seeks post-divorce modification of alimony2013-08-22T04:22:16Z2013-08-22T04:22:16Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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<span style="display: initial;">
Brendan Fraser, who many Columbia, Missouri, area residents may recognize from his role in “The Mummy” and its sequels, is back in family court on the East Coast. While many issues may be resolved in a divorce settlement, some issues may be subject to modification should a substantial change of circumstances later arise.
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Fraser and his ex-wife, Afton Smith, divorced in 2009. In the settlement, Fraser apparently agreed to pay his ex $50,000 each month in spousal support. In February, the actor filed papers in family court seeking a post-divorce modification of the alimony payments that were part of the 2009 divorce. He says that he has not found enough new roles to keep up with the spousal support payments. His ex, however, says that Fraser makes sufficient income and has enough assets to continue making the alimony payments as agreed in the original divorce settlement.
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Spousal support is not necessarily an issue in every divorce, an issue we touched upon last week. But substantial changes income following a divorce may legally justify a post-divorce modification of a support order (like substantial changes may justify modifications of child support, custody or visitation orders, depending upon the circumstances).
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Ms. Alton says that several things may weigh against a modification of the support order. She says that Fraser has several projects sets for release this year and next. She argues that Fraser’s net worth also makes a modification of the spousal support settlement unfair. Lastly, the couple agreed to a modify spousal support in their divorce settlement should Fraser’s income fall below $3 million—a figure that she claims has not been breached.
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Fraser says that not only has his income dropped, but he suffered an injury in the aftermath of Hurricane Sandy that left him with large medical bills.
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It is not clear when the family court will hear the issues, or deliver a ruling.
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<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Daily Mail, “
</span>
<a href="http://www.dailymail.co.uk/tvshowbiz/article-2397241/Brendan-Fraser-accused-ex-wife-hiding-earnings-reduce-50k-monthly-alimony-payments.html%20" target="_blank" style="display: initial;">
Stand Off: Brendan Fraser’s ex-wife accuses the star of hiding his earnings in attempt to reduce $50,000 monthly alimony payments
</a>
<span style="display: initial;">
,” Aug. 19, 2013
</span>
</p>
</div>Ralls County head-on wreck claims life of Troy, Missouri, man2013-08-21T04:22:22Z2013-08-21T04:22:22Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Over the past decade, the fatality rate related to motor-vehicle accidents has shown a fairly steady decline. While traffic safety has improved in recent years, the National Highway Transportation Safety Administration says that thousands continue to die in traffic accidents each year. The agency says that fatalities in rural areas of the country decreased 31 percent from 2002 to 2011, while urban traffic fatalities dropped 21 percent during the same time frame. In 2011, 17,762 people died in rural traffic crashes and 14,464 perished in accidents in urban areas.
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Federal officials say that head-on accidents seem to be more deadly than other types of crashes. Many rural roads involve two lane highways or other more narrow roads than those found in urban areas. The National Transportation Safety Board says that head-on, or wrong-way crashes, result in a fatality about 22 percent of the time, while less than 1 percent of all other types of motor-vehicle wreck result in a fatality.
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A head-on crash in Ralls County claimed the life of a Troy, Missouri, resident Monday evening on Missouri 19. Authorities say that the man had been driving north on the highway when he crossed over the center line and drove into the path of a southbound Peterbilt. The head-on collision caused both vehicles to burst into flames. The Troy man who had been driving the sport utility vehicle did not survive the wreck.
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Authorities say that a 26-year-old St. Clair, Missouri, resident was driving the tractor trailer involved in the wreck. He escaped injury.
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The accident was reported around 6:00 Monday evening.
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Investigators sought to discover as much information about the fatal accident as possible from the scene. Authorities closed down Missouri 19 for several hours to allow an accident reconstruction team and investigators to work at the scene of the fatal crash.
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<span style="display: initial; font-weight: bold;">
Source
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<span style="display: initial;">
: WHIG, “
</span>
<a href="http://www.whig.com/story/23178157/investigation-underway-in-fatal-accident-in-ralls-county-highway-19-closed" target="_blank" style="display: initial;">
UPDATE: Troy driver killed in head-on crash in Ralls County
</a>
<span style="display: initial;">
,” Aug. 20, 2013
</span>
</p>
</div>Missouri law enforcement opens end of summer DWI campaign2013-08-16T04:22:26Z2013-08-16T04:22:26Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
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The Labor Day holiday is still two weeks away, but law enforcement agencies in Missouri are not waiting for the unofficial end of summer to arrive to begin their crackdown on drunk driving offenses. Police in agencies all across the state are opening the end of summer campaign with increased patrols and other efforts seeking to find people to charge with DWI.
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Officials met Thursday in Columbia to call attention to the “Drive Sober or Get Pulled Over” campaign, which essentially will be run statewide from August 16 through the Labor Day holiday. DWI checkpoints and extra patrols will be used through the campaign.
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Not all states allow law enforcement to use DWI checkpoints. A number of states have found the idea unconstitutional under state constitutions while a few others prohibit the operations under state statutes.
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However, the U.S. Supreme Court has previously decided that DWI checkpoints are not necessarily unconstitutional under the federal principles, provided that the operations are conducted with safeguards to protect against unreasonable government intrusion.
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<p>
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These kinds of ideas involve complex issues. A driver accused of drunk driving has the right to challenge law enforcement’s procedures in gathering evidence, as well as to challenge the allegations overall. The state has the burden to prove a crime beyond a reasonable doubt.
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Criminal cases, including those alleging DWI in Missouri, are governed by a wide number of rules. But, as we have previously discussed (including in relation to the U.S. Supreme Court ruling in the McNeely case), challenging the state’s case serves an important role in keeping the government in check.
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Our system is based upon the idea that if a person has the right to defend against charges and hold the state to its strict burden of proof, the government can better be held in check from being able to throw people in jail for little or no reason.
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: KRCG 13 Connect Mid-Missouri, “Agencies begin “Drive Sober or Get Pulled Over” campaign,” Juliette Dryer, Aug. 15, 2013
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</div>Four people, including kids, injured in hit-run wreck in Columbia2013-08-16T04:22:24Z2013-08-16T04:22:24Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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The National Highway Traffic Safety Administration says that motor-vehicle crashes occur intersections on a rather frequent basis. That is, while the majority of the road infrastructure is comprised of roads between the intersections, roughly 40 percent of all traffic accidents happen where two or more roads meet. Often, the negligence of one or more drivers is involved in an intersection wreck.
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These types of accidents may involve highway crossings or the meeting of two residential streets. Many different factors may be involved in an intersection crash. Inattentiveness, a failure to yield, the failure to see another car or motorcycle–the list of issues may seem endless. But, even in a residential area, or other setting where a relatively low-speed accident occurs at a meeting between roads, accident victims can suffer severe injuries.
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Four people were hospitalized after a wreck at a Columbia, Missouri, intersection Tuesday evening. Few details have been provided about the extent and nature of the injuries that the accident victims suffered. Authorities say that the driver of the car was trapped inside the vehicle after the wreck. Emergency responders had to extricate the driver form the crumpled car, according to KRCG 13 News.
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Police say that a pickup truck struck the car broadside in the driver’s side door of the car. The accident happened Tuesday evening at the intersection of Ridgeway Avenue and Ash Street. Police say that the driver of the pickup left the vehicle behind and fled on foot from the scene of the crash.
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Four people who had been traveling in the car suffered personal injuries, including two adults and two small children (a toddler and an infant). Police continue to look into the crash. Columbia police say that a 25-year-old man who displayed signs of injuries was arrested Thursday related to the alleged hit-run crash Tuesday. The Columbia Missourian reports that authorities say that the man admitted to being the driver in Tuesday’s alleged hit-run.
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: KRCG 13 Connect Mid-Missouri, “Columbia hit-and-run sends four to hospital,” Aug. 13, 2013; The Columbia Missourian, “Man arrested in connection with accident at Ash Street and Ridgeway Avenue,” Kenton Schoen, Aug. 16, 2013
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</div>Assessing post-divorce budget important early in divorce2013-08-15T04:22:27Z2013-08-15T04:22:27Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Earlier this month we discussed that assessing one’s assets and debts is a good thing to do when considering filing for divorce. The idea can be important in preparing for negotiating issues surrounding property division. It is also important for Missouri residents (or people from anywhere for that matter who may follow our blog) to understand that budget concerns should be looked at when preparing for divorce.
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When a marriage breaks down, it can be a very emotional time for the parties involved. But, a person may see changes in finances both during and after the divorce, and gaining a clear understanding about finances (in assessing assets and debts) can be important in setting a budget and making adjustments that may be necessary throughout and after the legal process is complete.
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Issues such as spousal support (commonly referred to as alimony) may come up when one spouse makes significantly less than the other (or has no income at all). Courts may have broad discretion in determining spousal support issues. But, it is important to take into account what options may be available to gain a clear picture about what may be the most beneficial road to follow into the future.
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Missouri law does not really have a one-size-fits-all form of spousal support. Payments may be ordered on a limited-term basis, providing a kind of bridge after the marriage is dissolved until the recipient of the support is expected to become independently responsible for his or her own financial security.
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There may be situations where the family court will order support in what is known as an open-ended fashion—the support would continue on an open –ended basis unless the former spouse receiving the payments should remarry.
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But, the idea of financial security also encompasses the concept of the individual’s needs. Spending habits may change significantly after a divorce, as one household budget essentially becomes two. A person may desire to change paths somewhat through new educational opportunities after a divorce to be able to pursue new options.
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An assessment of assets may be an important step, but assessing the budget into the future as a single person can be beneficial even before opening negotiations or proceedings in family court.
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: Fox Business, “How to Financially Readjust for Post-Divorce Life,” Andrea Murad, Aug. 2, 2013
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</div>Wet roads suspected in northwest Missouri I-35 wreck2013-08-08T04:22:31Z2013-08-08T04:22:31Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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The Missouri Highway Patrol believes that wet conditions may have been involved in an injury accident on Interstate 35 Wednesday morning in northwest Missouri. An Albany, Missouri, man lost control of his pickup truck around 7:30 Wednesday morning in Daviess County. Authorities believe the slick road may have started the ordeal. The pickup left the pavement from the southbound lanes of the interstate, rolled through the grassy median, and ultimately entered the northbound lanes heading in the wrong direction.
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State Police say that the Chevrolet pickup slammed into the cab on the driver’s side of a northbound livestock truck. The Chevy apparently bounced off the Kenworth cab and stopped on northbound I-35.
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The tractor trailer left the pavement and headed toward the southbound lanes, rolling over onto the interstate blocking all southbound traffic. The livestock truck was hauling pigs, which police say were ejected onto the interstate.
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The 48-year-old driver of the truck escaped injury, according to Missouri State Police. The driver of the Chevy, however, required hospitalization after the motor-vehicle wreck and was taken to a hospital in Cameron, Missouri.
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Road conditions can change at any time of the year in Missouri. The Driver Guide in Missouri says that rain can mix with debris and oil on the roads, causing a slick surface. Cars can slide on the greasy covering, and cars may also hydroplane on wet roads when water builds up. Drivers are cautioned to slow down in wet conditions due to the danger that wet pavement can create.
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: My Cameron News, “Interstate 35 re-opens after accident,” Aug. 7, 2013
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</div>'Real Housewives' couple indicted on federal white-collar crimes2013-08-08T04:22:30Z2013-08-08T04:22:30Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Anyone who has ever applied for a loan, especially a home loan, may understand that the process can involve a lot of paperwork. The federal government believes that television reality star Teresa Guidance and her husband Giuseppe, who is also known as Joe, submitted false information in seeking to obtain mortgages and other types of loans dating back to 2001. Our Columbia, Missouri, area readers may recognize the name from the Bravo “Real Housewives” franchise.
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The feds claim that the Ms. Guidice forged W-2 Forms and pay stubs nearly a dozen years ago to falsely support her assertion that she was employed as an executive assistant for the purposes of obtaining home loan. By 2009, the couple sought bankruptcy protection, and the feds claim that the Guidices hid information from the Bankruptcy Court as the case progressed.
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Federal prosecutors have obtained an indictment alleging that the couple has committed a series of federal white-collar crimes. The 39-count indictment includes allegations of conspiracy, bank fraud, wire fraud, mail fraud and bankruptcy fraud. Authorities further claim that Mr. Guidice earned a significant amount of money without properly filing his taxes from 2004 to 2008.
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In all, many federal charges can pile up and each of the two accused of white-collar offenses in the indictment could be facing decades in federal prison. Mind you, the charges handed down in late July remain as federal allegations and the prosecutors have not proven any of the allegations in the federal criminal proceedings.
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Among the allegations is the idea that the two conspired to commit mail and wire fraud. Mail or wire fraud charges are frequently alleged when the government seeks charges for an alleged financial crime. Mail fraud or wire fraud charges can apply to many different types of conduct so long as the government alleges that a person used the mail or some kind of wire communication in a fraudulent scheme to obtain property or services from another person or entity.
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We live in an electronic world and wire communications are commonly used in transacting just about any kind of business deal. The mails are frequently used to transfer documents and materials as well. But, use of these avenues of transferring information alone does not reduce the government’s burden to prove all of the elements of an alleged crime. A person accused of a white-collar offense can face significant prison time and should consider seeking the assistance of legal counsel as soon as possible when allegations surface.
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Source
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: The Star-Ledger, “’
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<a href="http://www.nj.com/news/index.ssf/2013/07/real_housewives_stars_teresa_and_joe_giudice_charged_with_fraud_feds_say.html" target="_blank" style="display: initial;">
Real Housewives’ stars Teresa and Joe Giudice charged with fraud, feds say
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<span style="display: initial;">
,” Jason Grant, July 29, 2013
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</div>After accident, Usher's ex seeks custody modification order2013-08-08T04:22:29Z2013-08-08T04:22:29Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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People may generally understand that when two people go through divorce the court will issue an order finalizing the divorce. But, some may not understand that the divorce decree may not always bar changes to orders involving in the divorce if circumstances change down the road. In divorces involving children in Missouri, the initial divorce decree generally may provide important rulings and orders concerning child custody and support issues.
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But, we all know that circumstances can change over time. One of the parents may decide to relocate, a person may lose a job or receive a promotion with a substantial increase income. The needs of a child (or the children) may change as the kids grow up. The issues of child custody, visitation or support may seem to change years after a divorce is finalized, and a parent may wish to seek a modification of one or more issues involving the best interests of the kids.
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A recent frightening event has led to a potential renewed custody dispute between Usher Raymond and his ex-wife. Tameka Foster says that her ex—the R&B entertainer who is most commonly known by his first name, Usher—is away from home too frequently to properly care for the couple’s two children. The two previously battled over child custody.
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Ms. Foster had made similar arguments, but is renewing the arguments based upon Usher’s commitments and a recent pool accident that sent the couple’s 5-year-old son to the hospital.
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She is seeking a modification of child custody, arguing that Usher is on the road much of the time, leaving the kids under the care of others. Monday, the couple’s 5-year-old child was involved in an accident in a swimming pool, and foster says that the accident shows that the kids are not properly supervised under the current child custody arrangement. A hearing is scheduled for Friday on the motion for modification, according to CNN.
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It is not clear how the family court will handle the issue—the custody battle will be determined in Atlanta. Generally for Missouri residents the lesson to learn from the celebrity custody battle is that in Missouri a substantial change in circumstances may allow a parent to seek modification of custody, visitation or support orders. Generally, substantial changes involve the kinds of issues that arise from changes that occur over time after a divorce has been finalized.
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Source
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: CNN, “
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<a href="http://www.cnn.com/2013/08/07/showbiz/usher-son-accident/index.html" target="_blank" style="display: initial;">
Usher’s ex-wife cites son’s pool mishap in custody bid,
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” Alan Duke, August 7, 2013
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</div>FATAL CRASH ON I-44 IN JASPER COUNTY2013-08-05T04:22:33Z2013-08-05T04:22:33Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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The Missouri State Highway Patrol reported a Washington woman died July 6, 2013 when her SUV ran off Interstate 44 in Jasper County, four miles east of Carthage.
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According to the report, Brenda Richards, 44, was driving westbound on Interstate 44 when she lost control of her 1998 Chevrolet Blazer. The vehicle ran off the right side of the highway. Richards tried to regain control however the SUV travelled across the road and overturned in the median. Richards was not wearing a safety belt and was pronounced dead at the scene.
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</div>Personal Injury Case Settled for $1 Million; Worker's Compensation Case Settled for $75,0002013-08-02T04:22:35Z2013-08-02T04:22:35Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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In January 2009 our client was driving her personal vehicle on Missouri Boulevard in Jefferson City, Missouri while on the job. She was hit by a vehicle owned by JC Auto Parts. Our client suffered a rupture to a pre-existing bulging disc. The worker’s compensation case was settled for $75,000 and the personal injury case was settled for $1 Million.
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</div>Assessing assets is a good start in divorce preparation2013-08-02T04:22:34Z2013-08-02T04:22:34Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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When a marriage breaks down, a spouse may have to face the decision of whether or not to divorce. Once a person makes that decision, there are new decisions that may have to be made, but many people who have decided to divorce may not know where to start.
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Missouri law provides a general framework for how many issues may be handled in divorce. Property division may seem on the surface to be an exercise in deciding who gets this item and who gets that one. But, if some property is not considered to be marital property, then the issues can be more complex.
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Commentators say that legal counsel and financial professionals can be of assistance when facing divorce. But it is still appropriate for a person to begin gathering paperwork and other items so that an overall sense of assets can not only be determined, but also can be used to facilitate in placing proper values on any marital property.
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Among the concepts that many Missouri residents may not think about are the financials that may not intuitively thought of as property issues. For instance, if one or each spouse has a retirement account or plan, including a 401(k), or a pension plan through work, some or the entire retirement plan may be considered marital property. These may be assets that can be considered in a divorce proceeding.
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One of the first steps that a person can take is to collect information and documents. Retirement plans are not the only financial consideration. Copies of insurance policies, any mortgage documents, savings and checking account documentation and tax returns are all beneficial in evaluating property issues in divorce. It is also a good idea to get a handle on debts, including any potential business or personal loans and credit card information.
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Some people may have other legal documentation, such as a power of attorney or a prenuptial agreement. Amassing all of the information concerning finances may be a good starting point.
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Source
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: Huffington Post, “
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We’re Getting A Divorce, Now What?
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,” Linda Descano, July 29, 2013
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</div>3 kids injured in accident at KC day care, but what happened?2013-08-01T04:22:36Z2013-08-01T04:22:36Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Conflicting stories are emerging about the car accident outside a Kansas City day care center Tuesday afternoon. What does not appear to be in dispute is that three children suffered personal injuries in the accident.
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Two of the kids were taking a nap inside the day care when a Cadillac was hurled into the building around 1:00 in the afternoon. Police say that the two napping kids were trapped underneath the vehicle; a third child was injured but apparently not trapped by the car. Thankfully, all three children have been released from the hospital, but it is not clear the full extent and nature of the injuries that the kids sustained in the freak car accident.
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Authorities say that a sport utility vehicle slammed into a Cadillac that was parked on the street. The SUV, a Range Rover, forced the Cadillac through a wall of the day care center, striking kids who should have been safe from traffic inside.
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Sources are reporting that a man who claims to have been following behind the Range Rover says that he and the 74-year-old man in the SUV were fleeing from some kind of gunfire when the SUV slammed into the Cadillac. However, police say that no other witness, nor the driver of the Range Rover, mentioned gunfire on the day of the wreck.
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One of the witnesses owns a business across the street from the day care. Police say the business person saw everything, but never spoke of gunfire when questioned in the car accident investigation, according to The Kansas City Star.
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The man in the SUV told authorities that before the accident occurred, he believed that some other vehicle had pulled into traffic in front of him.
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Conflicting reports may arise after many car accidents. But, the legal issues surrounding a wreck may be complex even when conflicting reports are not present, depending upon the circumstances. Liability issues alone can be complex. Legal counsel may be able to assist an accident victim in navigating through the legal complexities.
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: The Kansas City Star, “
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Driver who caused day care center crash thought another car pulled in front of him
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,” Christine Vende, Aug. 1, 2013
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</div>Three charged in Missouri with federal drug conspiracy charges2013-07-31T04:22:38Z2013-07-31T04:22:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Any drug crime allegations can bring strict consequences if a person is convicted of the offense. When federal authorities are involved in pursing drug trafficking or other types of federal drug offenses, the stakes can be high. Often, people may believe that federal offenses involve lengthy investigations into wide-spread crime rings covering more than one state.
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However, local and state agencies may often share information obtained in local investigations—and probes may arise from circumstances that may seem to occur by happenstance. But, any criminal probe must comply with constitutional principles—and the government has the burden to prove each and every element of whatever offense prosecutors seek to pursue.
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Law enforcement says that a call from a northwest Missouri man seeking help against an alleged threat has led to federal drug charges against the man and two other people. Officials say that one of the roommates had threatened the man who sought the assistance of local law enforcement. Deputies in Ray County, Missouri, claim that the man met with law enforcement about a half-mile from his home when his two roommates came into sight.
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Authorities chose to chase down the pickup truck that deputies claim was occupied by two people. Law enforcement apparently pulled over the pickup truck and claim that they found a BB gun and drug paraphernalia inside. However, investigators chose to impound the truck saying that it was too messy to conduct a search on the spot.
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Authorities went to the residence where Ray County officials say that the caller lived with the two other people. While inside, officers claim that items characterized as drug paraphernalia were visible in the apartment. Authorities claim that some kind of explosive “booby trap” was also in the residence, according to The Associated Press.
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Law enforcement says that officers found some kind of recipe for converting pseudoephedrine pills.
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The day after rummaging through the residence, authorities say that investigators went through the pickup truck seized the day before. Law enforcement says that additional recipes for methamphetamine, drug-related items and 80,000 pseudoephedrine hydrochloride pills were discovered in the truck.
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The three people (including the man authorities say feared for his life) have been charged with federal drug crimes as a result of the allegations. All three face conspiracy to manufacture methamphetamine. Conspiracy charges under federal law have their own niche—a person accused of conspiracy may suffer the full brunt of the law, even if the allegations are that the conspirator only played a small role in the overall offense.
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Source
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: Belleville News Democrat, “Threat leads to federal drug charges against 3,” Associated Press, July 23, 2013
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</div>Stopped traffic behind wreck leads to serious Warrenton accident2013-07-26T04:22:40Z2013-07-26T04:22:40Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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After a car accident occurred on Township Line Road in Warrenton, Missouri, Tuesday evening, other motorists pulled over to lend assistance to people involved in the crash. However, a second accident erupted involving the stopped vehicles on the road, injuring four people who were involved in the second wreck.
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Many people may remember turning their heads as they pass by a car accident at some point of their lives. Chain-reaction car accidents may occur when drivers are distracted while rubber-necking near the scene of a motor vehicle crash.
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But, as the story of Tuesday’s crash highlights, other factors may result injury accidents that occur near the scene of an earlier crash. Traffic jams are common near an accident. Cars approaching a wreck may have little room to simply drive around a crash–some motorists may seek to lend assistance to any accident victims in a crash. Wrecks and traffic snarls can happen at any time of the day.
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The Missouri Highway Patrol says that at least two vehicles stopped behind an accident scene around 9:30 Tuesday night in Warrenton. The first car pulled over and a 32-year-old woman who had been riding as a passenger stepped out of the first vehicle to stop.
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A minivan pulled over behind the car the Warrenton woman had been riding in. As the motorists lined up near the accident scene, troopers say that a pickup truck approached the area and did not stop for the queue of vehicles.
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The pickup struck the minivan, plowing the van forward into the first car in the line. That car struck the passenger who had stepped out to check on the initial accident victims. The Warrenton woman struck by the car she had been riding in was thrown to the ground. She suffered severe personal injuries and was later airlifted to a St. Louis area hospital after the chain-reaction crash.
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The woman driving the minivan, a 58-year-old Warrenton woman also suffered serious injuries. Two teenagers from the pickup truck suffered undisclosed injuries in the wreck.
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In general, drivers have a duty of care, which includes the duty to slow down or stop for changing traffic conditions.
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<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: KSDK, “Jennifer Graves airlifted to hospital after she’s hit by car in multi-vehicle crash,” Dave Keiser, July 24, 2013
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</p>
</div>Boone County sting lands man in custody for alleged sex crimes2013-07-26T04:22:39Z2013-07-26T04:22:39Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Law enforcement frequently uses undercover sting operations during a criminal investigation. So-called confidential informants may be used in setting up a sting. In today’s electronic age, stings may be created using fake online profiles, or through the use of online advertisements that troll for alleged unlawful activity.
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A recent sting conducted by the Cyber Crimes Task Force in Boone County has led to the arrest of a man on suspicion of sex crimes. Authorities claim that law enforcement received a tip that the man had allegedly offered someone money in an effort to have sex with a child. Officials apparently decided to target the man in an undercover sting to create evidence for use in criminal charges against him. It is not clear from a news report carried by KOMU News what methods the task force used in targeting the man in the sting.
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Agents arranged to have a person pose as the mother of a young child willing to prostitute her offspring. Investigators claim that the man communicated with the undercover agent and offered money to have sex with the alleged mother’s child. Authorities with the Cyber Crimes Task Force claim that the undercover agent arranged a meeting in Columbia, Missouri, where the man was arrested on suspicion of attempted statutory rape. Law enforcement claims that the man had a cellphone containing images of alleged child pornography. Formal charges reportedly have not yet been filed.
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In general, a person under suspicion of having committed a crime may consult with a criminal defense lawyer during an investigation. When a person is in formal custody, the stakes may be higher. Certainly, formal custody is considered a critical stage of the criminal process—even if no charges have been filed. A person has the right to have an attorney present during a police interrogation, especially when in formal custody.
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Source
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<span style="display: initial;">
: KOMU, “
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<a href="http://www.komu.com/news/cyber-crimes-unit-says-suspect-wanted-sex-with-child/" target="_blank" style="display: initial;">
Cyber Crimes Unit Says Suspect Wanted Sex with Child
</a>
<span style="display: initial;">
,” Michelle Schuelke, July 25, 2013
</span>
</p>
</div>Dealing with deeds and mortgages during a Missouri divorce2013-07-23T04:22:41Z2013-07-23T04:22:41Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Who gets the house?
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It would often seem in popular media that property division is simply a process of allocating marital property to one person or the other in a divorce and the issue is done. For some types of property, the issue may be that easy. A paid off big screen television can easily be deemed to be the sole property of a spouse, and generally, that is that.
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But, many homeowners have taken out one or more mortgages on a home, and deciding who, if anyone, should keep the house must take into consideration several issues. For instance, due consideration concerning the deed and mortgage obligations outside of any divorce settlement generally should be addressed during the divorce process.
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For some people in the Columbia, Missouri, area, who have owned a home for many years, the homeowners may have significant equity in the home. A divorcing spouse may wish to retain the marital home, but ownership and residual debt obligations on the home should be addressed during the divorce process. A home with equity may also be sold off, with the parties agreeing to split the proceeds in the divorce settlement. But many homes may not have a market value that exceeds the debt on the home in today’s market following the financial meltdown.
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There may be different ways to deal with distributing the home in a divorce, but it is important to note that the divorce papers may only be part of the legal paperwork that needs to be handled. Take for instance the title to the home. If one of the divorcing parties is top retain the home, title issues are an important consideration. A quit-claim deed may be an appropriate way to handle the title issue. That is a process where one spouse relinquishes his or her interest in the property (other legal transfers may be available as well).
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But a quit claim deed generally does not affect the mortgage papers. If both spouses agreed to be liable for the mortgage, that obligation also needs to be addressed if one spouse is no longer interested in the home. The mortgage company is not a party in the divorce and has a legal contract with the people who signed the promissory note to the mortgage.
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Unraveling the various parts associated with home ownership are import should one of the divorcing spouses retain real property in a divorce. A Missouri family law attorney can assist people seeking divorce to handle issues that may be associated with property division in a divorce proceeding.
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<span style="display: initial; font-weight: bold;">
Source
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<span style="display: initial;">
: Loan Safe, “
</span>
<a href="http://www.loansafe.org/mortgage-options-while-going-through-a-divorce" target="_blank" style="display: initial;">
Mortgage Options While Going Through a Divorce
</a>
<span style="display: initial;">
,” Evan Bedard, July 14, 2013
</span>
</p>
</div>Gerald, Missouri, cop says head-on crash looked like an explosion2013-07-19T04:22:42Z2013-07-19T04:22:42Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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A violent wreck east of Gerald, Missouri, early Sunday morning left five people injured and a man dead. The 25-year-old who was pronounced dead at the scene was driving a car that police say had been reported stolen after the crash occurred, but before details about the wreck had been released.
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A Gerald Police officer says that he saw what law enforcement now says was a stolen Grand Am racing east. The officer reportedly moved in position to attempt a traffic stop, but says that the Grand Am began to move faster.
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The car traveled through to near the east end of town when the patrolman says he saw what looked like an explosion. The apparent blast announced a head-on crash that ripped the Grand Am and a Pontiac G6 into pieces.
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Emergency responders were called to the scene. The man who police say was driving a stolen car had been thrown 50 or more feet from the wreck car. He did not survive. A passenger in the Grand Am was able to get free from the wreckage, but was taken to an area hospital with undisclosed injuries.
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Meanwhile, several people were in the G6 when the Grand Am crossed over the centerline, slamming head on into the G6. Two accident victims were trapped inside. Emergency crews had to extricate the two Eldon, Missouri residents from the crumpled car.
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An infant was strapped in one backseat, with an adult in the other backseat. The 5-month-old child apparently was well-protected by the infant seat, but suffered minor injuries from broken glass, according to authorities. The adult passenger seated in back also suffered minor personal injuries.
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Emergency crews worked hard to rescue the two accident victims trapped in the front of the mangled G6. Two pumping trucks from the fire department protected landing areas for two separate helicopters that were dispatched to the scene for transport. It took roughly 50 minutes to free both trapped victims before they could be transported to the hospital.
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In nearly any kind of serious accident, the facts can be difficult to piece together. But, the legal issues can also grow complex when many moving parts are implicated in a wreck. Alleged criminal offenses may not necessarily bar a civil action or claim for an innocent accident victim, but the existence of allegations can complicate the matter. Victims of a crash may wish to speak with legal counsel after a wreck to learn what remedy may be available, especially when the legal issues are complex.
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<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: Gasconade County Republican, “Updated Sunday head-on collision kills one man, injures five,” July 19, 2013
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</p>
</div>Study: Money issues in marriage can cause stress, lead to divorce2013-07-18T04:22:44Z2013-07-18T04:22:44Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Several years ago, researchers at the University of Missouri found a link between low income families on government assistance and a higher divorce rate. But more recent research from one of our neighboring states suggests that money issues at any income level may be linked to marital stress, and the potential for a breakdown in the marriage relationship.
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A study conducted at Kansas State University published in the journal Family Relations last year found that arguments over money during a marriage are generally more intense and last longer than other types of arguments between married people.
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The study authors believe that assessing arguments about money during a marriage can be a predictor of whether the relationship will end in divorce. But, one of the co-authors thinks that money disputes may be a symptom of other, potentially deeper, issues in the marriage.
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While the research seems to seek to discover potential reasons why couples choose to breakup, it does not address what issues may arise should the marriage head to divorce. Money and property division should be addressed in any divorce, regardless if the couple argued over money during the marriage.
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But, Missouri law provides a framework for resolving these issues, and a divorce lawyer can help a divorcing spouse in understanding the legal framework that applies to better make sound decisions about the potential issues.
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Divorces may not just be about money and the division of assets. Many divorces include other issues, including child custody, visitation and potentially support issues. Here too, legal counsel can assist a person in understanding the legal standards used in family court and the potential facts that may exist that may justify a departure from the general framework in a specific case.
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<span style="display: initial; font-weight: bold;">
Source
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<span style="display: initial;">
: The Huffington Post, “
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<a href="http://www.huffingtonpost.com/2013/07/12/divorce-study_n_3587811.html" target="_blank" style="display: initial;">
Divorce Study: Financial Arguments Early In Relationship May Predict Divorce
</a>
<span style="display: initial;">
,” July 12, 2013-updated July 16, 2013
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</p>
</div>Missouri man accused of murder in girlfriend's overdose death2013-07-15T04:22:45Z2013-07-15T04:22:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Authorities have arrested a man who has been indicted on a second-degree murder charge in the heroin overdose death of his girlfriend. Police claim that the Missouri supplied drugs to his girlfriend — those allegations are apparently being used in the state’s theory that the man murdered the woman.
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Police claim that the man overdosed on April 17 in his girlfriend’s condominium in Pacific, Missouri. The woman and her son reportedly revived the boyfriend. Prosecutors claim that after reviving her boyfriend, the woman took another dose of heroin for herself, and was found dead the next morning. The boyfriend is accused of drug distribution and second-degree murder.
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Any murder accusation is a serious matter. Most people probably understand that murder is a felony-level offense. But, Missouri law allows prosecutors to seek what is called in legalese a “felony murder” charge. Under Missouri law, a so-called “felony murder” is charged as a second-degree murder offense.
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The charge may involve allegations that a person has died as a result of a defendant’s alleged commission of some other felony. The law extends to attempted felonies, or if the alleged death of the person occurs during the immediate flight from the alleged underlying felony.
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The charge essentially requires some allegations that piggyback upon some other offense. Any criminal charge involves complex analysis of facts. But, when the state alleges that a person committed a felony murder, the state must prove the underlying offense beyond a reasonable doubt—as well as linking the death to the alleged underlying offense.
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Obviously, the complexities rise for a person accused of the crime. A Columbia, Missouri, criminal defense lawyer can help a person accused of such an offense in analyzing the situation and developing a defense strategy to protect individual rights.
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<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: Eureka-Wildwood Patch, “
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<a href="http://eureka-wildwood.patch.com/groups/police-and-fire/p/pacific-man-charged-with-murder-in-connection-to-fatal-overdose" target="_blank" style="display: initial;">
Pacific Man Charged with Murder in Connection to Fatal Overdose
</a>
<span style="display: initial;">
,” Frank Johnson, July 11, 2013; Missouri Revised Statutes section 565.021
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</p>
</div>WWE Superstar Randy Orton settles divorce, keeps Missouri home2013-07-12T04:22:47Z2013-07-12T04:22:47Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When a married couple has accumulated a large amount of assets during the marriage and the marriage breaks down, property division issues may be resolved amicably through negotiation in some cases, while in others, the issues may require litigation. But, high asset divorces may have many other issues that must appropriately be handled in the divorce. Add children, for example, and the issues may add to the emotional stress.
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Whether a case is handled amicably or through contested litigation, all of the issues should be addressed. Often, when reading stories about divorce, news reports seem to cover those contentious cases headed toward litigation, or the divorce of a celebrity of some form. Some cases seem to settle rather quickly, and news accounts cover the final agreement.
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Whether a case is headed toward litigation or to be negotiated more amicably, an assessment of all assets and other issues must be made to cover all the bases. For instance, what should or should not be included in the marital estate in terms of property is important in any case to protect rights of the parties involved. But, even high asset divorce cases can settle without litigation.
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Last year, WWE wrestler Randy Orton and his wife separated and Samantha Speno filed divorce papers in March to end the marriage. The two reportedly settled the issues amicably. Reports indicate that Ms. Speno with have sole legal and physical custody of the couple’s 4-year-old daughter. Orton, who reportedly makes more than $290,000 a month from WWE, will pay his ex-wife $4,500 in monthly child support under the settlement agreement.
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The couple settled the property division issues over cars, bank accounts and other assets. Orton reportedly will keep a home in St. Louis, Missouri, while Ms. Speno will retain a separate home in the property settlement.
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It is not clear what issues were involved or how negotiations were handled from media reports. However, the divorce appears to have been amicably resolved—even in light of the fact that the high asset divorce also involved a young child.
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<p>
<span style="display: initial; font-weight: bold;">
Source
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<span style="display: initial;">
: Arizona Central, “
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<a href="http://www.azcentral.com/thingstodo/celebrities/free/20130710wwe-star-randy-orton-divorced.html" target="_blank" style="display: initial;">
WWE star Randy Orton divorces his wife
</a>
<span style="display: initial;">
,” July 12, 2013
</span>
</p>
</div>Missouri Highway Patrol responded to 358 wrecks over the Fourth2013-07-12T04:22:46Z2013-07-12T04:22:46Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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The Fourth of July fell on a Thursday this year. That fact allowed many people to take an extended weekend. The Missouri Highway Patrol often considers the timing of a holiday when considering what may constitute a holiday period for the purposes of highway safety.
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This year, state officials say that the holiday period ran from Wednesday evening through midnight Sunday. The highway patrol says that 17 people were killed and 157 suffered injuries in 358 motor vehicle accidents over the Fourth of July holiday. In addition to the
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</span>
<a href="https://www.lawmissouri.com/personal-injury/car-accidents/drunk-driving-accidents/" target="_blank" style="display: initial;">
car accident
</a>
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<span style="display: initial;">
statistics, troopers made 199 drunk driving arrests.
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Columbia Police investigated a fatal accident that was reported at the intersection of West Broadway Street and Westwood Avenue. The crash involved a motorcycle wreck. Police say that a 29-year-old man from Illinois was ejected from his bike after losing control of the bike and hitting a utility pole near the intersection.
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</p>
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</p>
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Whenever we have a major holiday, reports from state officials before and after the event often involve highway safety issues. It is true that motor vehicle wrecks seem to increase during holiday periods, and safety officials are likely to be able to raise the issue of traffic safety surrounding a holiday.
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While holiday traffic statistics help to highlight the importance of road safety, it is always important for drivers to observe the rules of the road, and to keep safety at the forefront. Columbia personal injury lawyers know that when a car accident involves an injury or death, the matter is individual for the victims and families of victims of an accident. The injuries, medical issues and losses are not merely statistics, but real-life issues for each individual family.
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</p>
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<p>
<span style="display: initial; font-weight: bold;">
Source
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<span style="display: initial;">
: Riverfront Times, “4
</span>
<a href="http://blogs.riverfronttimes.com/dailyrft/2013/07/july_fourth_deaths_missouri_highway_patrol.php" target="_blank" style="display: initial;">
th of July in Missouri: 17 Killed in Traffic Crashes, 199 Drunk Driving Arrests, Patrol Says
</a>
<span style="display: initial;">
,” Sam Levin, July 9, 2013
</span>
</p>
</div>New Missouri LDP 'Hardship License' law takes effect2013-07-11T04:22:48Z2013-07-11T04:22:48Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
There can be a variety of reasons that a person can lose their privilege to drive in Missouri. Points on a driving record can add up, or a driver may lose the privilege to drive related to a driving while intoxicated charge in Missouri. Many people have heard of the so-called “hardship licenses” available under Missouri law. A hardship license allows eligible drivers to regain Limited Driving Privileges. On July 5, 2013, the LDP laws in Missouri changed. Some people who were not previously eligible for an LDP may now be eligible under the new changes.
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One thing has not changed—the state is not going to simply mail out LDPs. The application or petition process is still complicated and a Columbia, Missouri, license suspension lawyer can assist in navigating the process. Drivers must meet license reinstatement requirements before becoming eligible—but other issues can get in the way.
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Drivers are not necessarily limited to 1 LDP within a 5-year time frame anymore. A driver who is otherwise eligible for an LDP may immediately reapply for a new LDP without the former 5-year bar to a second LDP. Similarly, under the new law, more than one chemical refusal no longer bars access to an LDP for otherwise eligible drivers.
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But, drivers must have proof of the installation of an approved ignition interlock device, even after a first-time chemical refusal. Drivers with an active five- or ten-year refusal must have an IID with camera and GPS features. The LDP will be cancelled for failure to maintain the IID (or for failure to maintain SR-22 insurance coverage).
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In cases involving an administrative alcohol revocation, the LDP may be available for eligible drivers after 45 days have elapsed in the revocation period.
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In the area of five- and 10- year denials, drivers no longer need to submit a criminal history check, unless the district court requires one (a petition must be filed in court—an application to the Department of Revenue is not proper in these cases). The petitioner needs to show various factors, including a change in habits or conduct. The driver must also show that he or she no longer poses a public safety issue. A driver is not eligible if he or she has had any alcohol-related enforcement contacts since the denial arose.
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The new changes do not mean that all drivers are eligible to seek a hardship license. Felony convictions involving a motor vehicle, a conviction for driving under the influence of drugs, a conviction under state law for leaving the scene of an accident, and a variety of other reasons may still bar eligibility. Legal counsel can advise and assist drivers in seeking a hardship license.
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<span style="display: initial; font-weight: bold;">
Source
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<span style="display: initial;">
: Missouri Department of Revenue, “ Limited Driving Privilege (LDP),” last accessed July 11, 2013
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</span>
</p>
</div>Pickup slams into rear of Can Am in US 136 injury accident2013-07-03T04:22:52Z2013-07-03T04:22:52Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Rear-end crashes may involve a wide variety of different factors. Driver inattention, distracted driving, failing to maintain proper distance and other factors may lead to a rear-end crash. While head-on crashes may theoretically seem more disastrous, rear-end collisions can lead to significant personal injury and even death. That may be especially true when one of the vehicles involved is a motorcycle or three-wheeler.
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Two Lancaster, Missouri, residents suffered serious injuries last Thursday in a wreck on U.S. 136 in Luray, Missouri. Authorities say that the two are a husband and wife who had been riding a motorcycle on the highway. Authorities say that the couple was on a 2012 Cam Am, and the two stopped to make a left-hand turn when their three-wheeled bike was struck from the rear by a pickup truck.
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The Missouri State Highway Patrol says that the 2012 Can Am motorcycle burst into flames in the wreck. The man and woman each suffered serious injuries. Emergency responders called in an Air Evac helicopter to transport the couple to a hospital in Iowa City. Authorities say that each of the motorcycle accident victims was wearing a helmet.
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It is not clear from a newspaper account if the husband and wife suffered any burn injuries when the Can Am caught fire. The two were ejected from the Can Am in the accident. Details about the nature and extent of the victims’ injuries were not included in the public media account.
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The state patrol says that the 20-year-old Iowa man driving the Dodge Dakota involved in the accident was not injured.
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<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: Quincy Herald-Whig, “
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<a href="http://www.whig.com/story/22711702/two-injured-in-motorcycle-truck-accident-at-luray-mo" target="_blank" style="display: initial;">
Two injured in motorcycle-truck accident at Luray, Mo.
</a>
<span style="display: initial;">
,” June 28, 2013
</span>
</p>
</div>Missouri judge decides Jovan Belcher child custody dispute2013-07-03T04:22:51Z2013-07-03T04:22:51Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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The custody and guardianship dispute between the relatives of Jovan Belcher’s daughter was not the usual Missouri child custody dispute. Many Columbia, Missouri residents heard the news of the case after police reported in December that Belcher had murdered the child’s other before committing suicide in the parking lot outside the Kansas City Chiefs’ training facility.
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A first cousin of the child’s mother and Belcher’s mother each sought child custody. The case eventually went to trial in probate court in Missouri—the case involved guardianship of the child who had lost both parents. But, the case essentially involved important aspects of Missouri family law. Child custody and visitation issues were on the table—issues to be resolved in the best interests of the child.
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Authorities had originally allowed the child’s maternal grandmother to care for the child in New York after the tragic events at the home and Arrowhead stadium, as we previously discussed on this blog. But the child went to Texas to attend her mother’s funeral. The child reportedly has remained with the maternal relatives ever since.
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The two families brought the child custody, visitation and guardianship issue to court in Missouri, where a three-day trial was held in June. The judge reportedly found that each of the parties is a suitable guardian for the child. However, in considering the arguments, proposed custody and visitation schedules and the evidence presented, the court gave sole custody to the maternal first cousin, while allowing ample visitation with the paternal relatives.
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The grandmother had proposed joint custody, with the families sharing custody on a 50-50 split basis. The cousin reportedly sought sole custody with the paternal family having visitation rights that will increase as the child ages.
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The court found the cousin’s arrangement better aligned with a social worker from Texas who reportedly testified at trial. The court reportedly also found that the child had been with the maternal relatives for many months, and awarding the guardianship to the maternal relative would be less disruptive for the child.
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<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: Kansas City Star, “Cousin of Zoey Belcher’s mother is awarded guardianship of 9-month-old,” Brian Burnes, June 20, 2013
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</p>
</div>Do Missouri DWI checkpoints actually result in DWI arrests?2013-07-03T04:22:50Z2013-07-03T04:22:50Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Well… some arrests do occur at sobriety roadblocks. As we head toward our nation’s birthday, officials are gearing up to enforce traffic laws, as well as Missouri’s laws prohibiting driving while intoxicated during the holiday period.
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Whenever a national holiday or even a more localized large event arises many people know that law enforcement may seek to enforce such laws. But, with grant money available, law enforcement agencies may decide to set up DWI checkpoints at just about any time of the year.
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Officials in Cole County set up a DWI checkpoint operation last weekend. The detail was funded through a grant from the Missouri Department of Transportation Highway Safety Division. Law enforcement says that 406 vehicles rolled through the sobriety checkpoint set up on U.S. 54 at Hammond Drive.
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Officials say that one driver was arrested on suspicion of DWI, while eight more were checked for sobriety without being arrested during the abbreviated DWI checkpoint operation.
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Authorities believe that the drivers who passed through the checkpoint without incident will think twice before driving drunk in the future. The sheriff says that the drivers and other people in the cars that were subjected to the road block noticed the inconvenience.
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He says that the people passing through the operation knew, “had they been drinking and driving, they would have been arrested, so the next time they drink, they, hopefully, won’t get behind the wheel,” according to the New Tribune.
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The potential future suspicion of a potential event obviously is not sufficient to bring charges—even during a checkpoint operation.
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Law enforcement says that in addition to the one DWI arrest, several other alleged violations were found. One person is facing a minor in possession charge, seven people were charge with license violations, two are accused of child restraint offenses and two warrants were cleared during the checkpoint.
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While Missouri is among the roughly 38 states that allow DWI checkpoint operations, the law enforcement details must be conducted under procedures to help ensure that constitutional rights of drivers are not violated. A person charged with DWI after passing through a checkpoint may wish to consult with legal counsel to learn what defenses may be available in specific incidents.
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<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: The News Tribune, “ 406 vehicles stopped at checkpoint Saturday,” July 1, 2013
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</p>
</div>Feds indict former manager in Missouri title firm with wire fraud2013-06-28T04:22:53Z2013-06-28T04:22:53Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Many financial transactions are handled electronically. Large sums of many are transferred between banks every day. Many consumers and business professionals alike use online transfers to pay bills. Allegations in a recent indictment involve electronic transfers of money to pay bills at a St. Louis title company from January 2009 until early July 2012.
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Federal prosecutors claim that a former office manager at a St. Louis title company paid some company bills in the aftermath of the economic meltdown in 2008 using customer money held in an escrow account at the title firm. Investigators believe that the former office manager diverted customer money held in escrow to pay company bills.
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Authorities say that as time went by, the office manager allegedly modified financial records to cover up the unlawful money transfers. The company was closed after an audit uncovered the alleged unlawful activity.
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Federal officials accuse a former office manager for the company of two counts of wire fraud related to the investigation. Authorities unveiled the federal indictment Thursday.
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Mail and wire fraud accusations may often involve business professionals. The offenses may involve a wide variety of different activities—based essentially on the breadth of what may allegedly fall within the scope of the mail and wire fraud statutes.
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Essentially, the federal charges may involve allegations of any kind of theft of money or honest services using the mail or a form of wire communication. In some cases, allegations of mail or wire fraud may come as a tack-on charge in a federal indictment alleging other federal offenses.
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In general, federal probes can continue for months and years. A person suspected of a federal offense, including a white collar offense, may wish to consult with legal counsel—even before any potential indictment is handed down—to help protect rights.
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<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: St. Louis Today, “
</span>
<a href="http://www.stltoday.com/news/local/crime-and-courts/manager-at-st-louis-title-company-indicted-for-diverting-escrow/article_5ae8a336-5e88-5d83-9e82-9195ea6fd17b.html" target="_blank" style="display: initial;">
Manager at St. Louis title company indicted for diverting escrow money
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<span style="display: initial;">
,” Robert Patrick, June 27, 2013
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</span>
</p>
</div>Former 'Full House' star Jodie Sweetin files for third divorce2013-06-27T04:22:55Z2013-06-27T04:22:55Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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In March, former child star Jodie Sweetin and her husband, Morty Coyle, announced that the two had secretly married one year earlier. The announcement came around the time of their first anniversary. This week, Ms. Sweetin reportedly filed divorce papers in court on the West Coast, where the two reside.
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The couple has a 2-year-old daughter, and Sweetin is seeking full custody of the child in the divorce. In addition to the custody issue, news reports indicate that she is seeking ownership of a 2000 Toyota Avalon.
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The two apparently share a Kohl’s account, and Sweetin is seeking to split the $200 balance on the account with her estranged husband in the divorce. This reportedly is the third divorce for the former child actress. Sweetin may be best known for her role as Stephanie Tanner on the sitcom, “Full House.”
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Typically, when celebrity or high profile divorces make the news, there is speculation concerning how the division of property issues may be dealt with in the divorce. There is no indication in media reports if Sweetin and her husband have any type of prenuptial agreement, or whether premarital assets exist, which would not necessarily be a part of the marital estate. But the recent story does highlight that assets are not the only issue that must be resolved in a divorce.
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A divorce settlement should cover many different areas, including how debts will be handled. While the news report only covers one debt (it is not clear of that is the only debt, or the only one that caught the eye of the media), it is important for a person seeking divorce to address all forms of financial issues in the divorce.Retirement plans, division of property, debts and assets are all issues that should be considered and addressed when applicable in a divorce.
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Today’s story does not arise under Missouri law, as the couple resides on the coast. However, a divorce proceeding may cover a wide variety of issues, including unraveling debts and dividing the marital property. A Columbia, Missouri, family law attorney can assist Missouri residents considering dissolution of marriage in addressing many issues that should not be overlooked in a divorce.
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<span style="display: initial; font-weight: bold;">
Source
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<span style="display: initial;">
: International Business Times, “
</span>
<a href="http://www.ibtimes.com/jodie-sweetin-former-full-house-star-separates-third-husband-morty-coyle-seeks-full-custody-daughter" target="_blank" style="display: initial;">
Jodie Sweetin, Former ‘Full House’ Star, Separates From Third Husband Morty Coyle, Seeks Full Custody Of Daughter
</a>
<span style="display: initial;">
,” Keerthi Mohan, June 25 2013
</span>
</p>
</div>Two teens injured along Highway 63 near Ashland after car wreck2013-06-26T04:22:56Z2013-06-26T04:22:56Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Any time a driver loses control of a motor vehicle, there may be people put at risk of danger. When we think of car accidents along a highway, we may think that the potential accident victims are occupants of one of the cars. Similarly, when we think about pedestrian accidents, the first thought may involve the concept of a crosswalk accident, or a car striking a pedestrian walking near the edge of a sidewalk.
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However, stories hit the news from time-to-time that involve bystanders near the scene of a car accident who are swept into the wreck by their mere presence to the zone of danger.
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Two teenagers suffered personal injuries after a driver lost control of his vehicle Sunday afternoon on southbound Highway 63. Authorities say that the teens were standing near a parked car on the highway.
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Law enforcement says that a 51-year-old Holts Summit man lost control of his Jeep. Apparently while attempting to change lanes on Southbound 63, north of Claysville road. The Jeep apparently spun out toward the right shoulder and slammed into a Honda element parked along the highway.
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The impact forced the Honda into a 17-year-old, who was standing alongside the road. Debris from the car accident was sent flying through the air—police say that some of the debris hit a 19-year-old woman, who was also standing near the highway. The Missouri State Highway Patrol has not indicated why the teens were standing near the highway.
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The 19-year-old woman struck by debris was taken to University Hospital in Columbia, Missouri, for treatment of undisclosed injuries. Authorities characterize her injuries as moderate. The 17-year-old who was struck by the parked car reportedly refused medical treatment. The highway accident was reported Sunday afternoon around 4:30 p.m., south of Ashland, Missouri.
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Source
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<span style="display: initial;">
: Columbia Daily Tribune, “
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<a href="http://www.columbiatribune.com/news/local/two-hurt-in-crash-on-southbound/article_84cec1b2-dcf9-11e2-a0ab-10604b9f6eda.html" target="_blank" style="display: initial;">
Two hurt in crash on southbound 63
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<span style="display: initial;">
,” June 24, 2013
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</p>
</div>Police use Taser at Four Seasons residence, arrest woman for DWI2013-06-21T04:22:59Z2013-06-21T04:22:59Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Law enforcement in Camden County, Missouri, arrested a woman at a residence in the Village of Four Seasons over the weekend on suspicion of driving while intoxicated. Deputies say that the Camden County Sheriff’s Department received a tip that the 26-year-old woman had been driving drunk with a child in her car. Authorities responded to the residence and claim that the woman admitted to having driven earlier. However, officials say that the woman refused to perform a sobriety test. It is not clear if the woman later provided any DWI alcohol sample for testing.
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Apparently, law enforcement believes that the woman acted out during the law enforcement investigation. Officers reportedly deployed a Taser device in attempting to get the woman under control. Authorities say that officers tasted the woman three times before placing the woman under arrest. Camden County officials claim that the woman continued to be unruly as she was hauled out to a squad car.
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The woman is facing a number of charges in relation to the investigation. She not only faces DWI charges, but also allegations of resisting arrest, assault and endangering the welfare of a child. Some of the charges apparently relate to her encounter with police, while others apparently rely upon the tip that the woman had been driving while intoxicated with a small child in her car.
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Any Missouri DWI case can lead to serious consequences for a person accused of drunk driving. A person may face jail time and fines related to the DWI case, if a conviction is later entered. When a person refuses to submit to a chemical test during a DWI investigation, that refusal not only can be used as evidence in the DWI case, but also may have an extended impact upon a person’s driving privileges under Missouri law.
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<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: Connect Mid Missouri, “Woman tasted 3 times after driving intoxicated with her child in the vehicle,” June 19, 2013
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</p>
</div>Feds delay regulations to improve pedestrian safety–again2013-06-21T04:22:57Z2013-06-21T04:22:57Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Hopefully drivers in and around the Columbia, Missouri, area are aware of the blind spots associated with a vehicle. We are trained to use rear-view mirrors, and to look over our shoulders when merging in traffic. A rear-view mirror generally has a blind spot (or more). Road safety officials say that blind spots on vehicles when a car is backing up results in a safety hazard for people who may be in the area around a backing-up vehicle.
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Authorities say that about 228 people are killed each year and 17,000 more are injured in accidents involving a backing-up car. Many of these kinds of pedestrian accidents occur at the end of a driveway. Young children and the elderly are statistically more vulnerable to these kinds of accidents. In fact, federal officials say that about half of the fatalities in these kinds of incidents involve young children.
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In 2008, Congress passed a law requiring that new regulations be written by 2011 to increase safety for cars (and actually for pedestrians near a car) while a driver is backing up in a low speed situation, such as in a driveway or parking lot.
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Those regulations were delayed in the past, and the Associated Press reports that the deadline has now been extended once again. Transportation Secretary Ray LaHood reportedly sent several letters to congressional leaders saying that more research is needed before the regulations can be finalized.
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What officials are seeking are regulations to require back-up cameras in all vehicles to reduce the risk of these types of accidents. The car companies say that the requirement across the board would be too costly. Federal safety officials reportedly have extended the deadline for the safety regulations to January 2015.
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Drivers have a duty (as do pedestrians) to be aware of their surroundings. When a driver is negligent in striking a pedestrian, whether while backing up or in any kind of situation, the accident victim may be entitled to recover for his or her injuries.
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</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: The Kansas City Star, “Gov’t delays requiring rearview cameras in cars,” Joan Lowy–The Associated Press, June 20, 2013
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</p>
</div>Judge denies child custody request in Missouri adoption case2013-06-20T04:23:00Z2013-06-20T04:23:00Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Generally, adoption cases involve bringing a new member into a family. The proceedings are often filled with joy as people are essentially given a new child in the legal proceeding. But a recent Missouri adoption case took a different turn when a former soldier filed a petition seeking custody and child support payments related to the child involved in the guardianship and adoption proceeding.
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The man reportedly is the biological father of the child in the adoption case. Sources say that the man fathered the child when he was 19—the mother of the child was reportedly 14-years-old at the time. The child’s grandparents sought to adopt their grandchild when the alleged father stepped in seeking custody. Sources claim that the former soldier previously had denied paternity of the child.
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The Missouri judge reportedly denied the soldier’s petition for custody and child support payments, reasoning that the issues were not properly before the court in the guardianship and adoption case, according to The Associated Press.
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A separate hearing reportedly is scheduled for later this year to determine whether the former soldier’s parental rights should be terminated. The child’s grandparents will also have the opportunity to further argue on the subject of their adoption of the child.
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Family law issues differ from family to family. General concepts of family law may govern how courts consider an individual case. However, each family law issue is also set in the middle of individual facts. Issues of child support, adoption, paternity and other child-related family law topics can involve complex issues, especially when the underlying facts are also complex.
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Source
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: News Tribune, “ Judge dismisses petition seeking custody of child,” The Associated Press, June 18, 2013
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</div>2 MSU students arrested on suspicion of kidnapping, sex crimes2013-06-14T04:23:01Z2013-06-14T04:23:01Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Two Missouri State University students are being held on $1 million bonds after a cab driver called police to report that he had dropped two men and a woman at an apartment building in Springfield, Missouri. The taxi driver apparently reported that the woman was “in and out of consciousness,” according to KY3. Police responded to the apartment building and claim to have heard a woman moaning from inside one of the apartments in the building sometime after 2:50 in the morning.
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Law enforcement entered the apartment and say that they found the woman in a locked bedroom with one of the two MSU students. Law enforcement says that vomit was found in the room, and the woman says that she did not know the two Saudi men in the apartment. The men are now charged with kidnapping and forcible sodomy in relation to the alleged incident.
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The woman claims that she had gone to a bar with her boyfriend. But, she says that her boyfriend remained outside to park the car as she went in the nightclub and had two drinks. She says that the bartender said that the drinks were on the house. It is not clear from the media whatever allegedly became of the woman’s boyfriend that night.
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She says that men surrounded her after she downed the drinks and she does not remember much about what went on as the evening progressed. However, she claims that the men grabbed her and she later wound up at the apartment building.
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Forcible sodomy is a serious felony-level sexual offense under Missouri law. The charge may arise from a variety of different circumstances that generally must involve some sort of allegations of forcible compulsion. That may involve the use of some substance without an alleged victim’s knowledge that renders the person incapable of consenting to having sex—something commonly referred to in common jargon as “slipping one a Mickey.”
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: KY3 News, “Two are charged with kidnapping woman at bar, assaulting her at apartment,” Gene Hartley and Jerry Jacob, June 6, 2013
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</div>Thinking broadly about financials in divorcing may avoid surprise2013-06-13T04:23:04Z2013-06-13T04:23:04Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Most people who decide to divorce may understand that many issues may need to be resolved during a divorce proceeding. Missouri law provides a framework for how specified issues should be resolved. We have discussed many family law issues on this blog, as well as how the courts may look at an issue, such as child custody or the division of property in divorce.
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It is important to note that each family structure and financial situation is unique. Many issues may not come to mind for a person who has never divorced before. People who have divorced previously may also not recognize all the issues that might need to be addressed when ending a marriage.
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Financial issues are important, and most people think about how debts and assets could be handled. Some people, however, may miss some important issues—such as dividing a retirement account in divorce. Insurance policies are also an important consideration.
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Many households have a variety of insurance policies, and it may be beneficial for a person to consider assessing insurance issues in a divorce proceeding. Take for instance a life insurance policy. Some financial analysts note that the amount of money associated with a life insurance policy may exceed other assets. But failing to consider the policy (and current designated beneficiaries) at the time of divorce may lead to unintended consequences down the road.
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Health insurance is a highly important issue these days. Many spouses carry health insurance for the other spouse through work. A financial professional from Philadelphia recently told Fox Business that a divorcing person may remain on a spouse’s health insurance policy for up to 36 months under the Consolidated Omnibus Budget Reconciliation Act. But, COBRA premiums can be costly. Addressing health insurance issues at the time of a divorce can be an important financial decision.
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Untangling insurance policies is but one aspect of the financial considerations a person should look at when seeking to end a marriage. Discussing property division and other financial issues with a Missouri family law attorney may help a person to cover the bases in the overall divorce.
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Source
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: Fox Business, “How to Uncouple Your Insurance in Divorce,” Michele Lerner, May 31, 2013
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</div>Crash near stadium injures 4, including 2 Missouri players2013-06-13T04:23:02Z2013-06-13T04:23:02Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Another apparent failure-to-yield accident has sent several people to a Missouri hospital. In late May, we discussed a failure-to-yield story. Police believe that a woman driving a Mazda attempted to make a turn near Memorial Stadium in Columbia, Missouri around 10:00 Tuesday morning. However, police say that she pulled out into oncoming traffic and also directly into the path of a sport utility vehicle carrying several people.
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The Mazda and the SUV collided head-on. Three people from the SUV were thrown into the windshield of the Mazda, according to the Associated Press.
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University Police say that none of the people in the SUV were wearing seatbelts. Two of the injured passengers from the SUV reportedly are incoming freshmen football players at the University of Missouri. All three men in the SUV suffered minor injuries and were treated and released from University Hospital.
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The woman who had been driving the Mazda reportedly also suffered minor injuries in the head-on crash. She was listed in fair condition at the hospital as of Wednesday afternoon, according to the Associated Press. Officials cited her for failing to yield after the wreck.
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Failure to yield cases can involve complex factual disputes, even when authorities cite a driver in a crash. Citations and other government accusations remain as allegations unless proven in court. Confusion may be created in some failure to yield cases, and insurance companies may also seek to reduce compensation for accident victims in some cases where confusion is alleged after an injury accident.
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Source
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: ABC 17 News, “Crash sends University of Missouri football players, two others to the hospital,” June 12, 2013; The Associated Press via KY3, “Columbia car wreck leaves 2 Missouri football freshmen with minor injuries,” June 13, 2013
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</div>Missouri Patrol says tire blew out before I-35 wreck near Cameron2013-06-07T04:23:05Z2013-06-07T04:23:05Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Authorities believe that a blown tire was involved in a single-vehicle crash on Interstate 35 Wednesday morning. The Missouri State Highway Patrol says that the wreck occurred shortly after 7:15 on northbound I-35 a few miles south of Cameron, Missouri. Two young men were traveling in a 1988 Chevy when the tire gave way.
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Authorities say that the 21-year-old Olathe, Kansas man driving the Chevrolet lost control of the vehicle. The vehicle veered off toward the east shoulder and rolled over, returning to its wheels before coming to a stop on the side of the interstate.
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The driver and his 20-year-old passenger suffered undisclosed personal injuries in the rollover crash. The two traffic accident victims were taken to Cameron Regional Medical Center.
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Tire failure can lead to serious accidents involving any type of vehicle. The tires on a motor vehicle are literally where the rubber meets the road, and the sudden loss of air pressure can lead to serious harms. Car accidents caused by a blown tire on an interstate or highway often lead to rollover accidents.
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Obviously, the cause of a blow out is not a one size fits all analysis. Old, bald tires may fail, road hazards or debris may actually injure the tire, leading to an immediate, or delayed blow out. Treads can separate, causing safety issues. There are many events that may lead to tire failure.
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However, an improperly designed tire, one that was improperly manufactured, or a tire that has been negligently installed may fail due to safety hazards created by the product defect or installation issues.
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Source
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: My Cameron News, “Two injured in wreck on I-35,” June 6, 2013
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</div>Missouri mother gets probation in bat assault on alleged dealer2013-06-06T04:23:06Z2013-06-06T04:23:06Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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A Missouri woman who says that she did just about everything she could think of to keep her son off heroin has been sentenced on an assault conviction. The woman was accused of swinging a baseball bat at a person she thought was pursuing her son to sell him drugs. The woman reportedly testified at trial that prior to the alleged encounter, she had slept next to her son while he went through withdrawals and sent him away to live with relatives to help him recover from drug use.
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Authorities say that the woman swung a baseball bat at one of her son’s friends, hitting him in the arm. She says that she was only acting to protect her son. The alleged victim reportedly testified earlier this year that he was not seriously injured and did not need medical attention. The judge, at sentencing, chastised the woman for trying to be a vigilante.
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The woman was facing potential jail time of up to a year after being convicted of third-degree assault, a misdemeanor level offense. However, the judge put the woman on probation for two years. Not only can she avoid spending any time in jail if she complies with the terms and conditions of probation, she may be able to avoid having the conviction entered on her permanent record. That is because the judge suspended imposition of sentence.
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Generally, under Missouri law suspending imposition of sentence essentially means that no actual sentence is technically ordered. A person can still face sentencing if the state alleges a probation violation. However, if a person completes probation successfully, no sentence is ever officially imposed, and upon successful completion of the SIS probation, the event is not considered a conviction under Missouri law.
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Source
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: St. Louis Post-Dispatch, “
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<a href="http://www.stltoday.com/news/local/crime-and-courts/mom-gets-probation-for-attacking-son-s-alleged-drug-dealer/article_a63c1922-9234-5f0a-a285-732b774f1c5d.html" target="_blank" style="display: initial;">
Mom gets probation for attacking son’s alleged drug dealer with baseball bat
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,” Stephen Deere, June 5, 2013
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</div>Jovan Belcher child custody dispute slated for trial in Missouri2013-06-05T04:23:07Z2013-06-05T04:23:07Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Child custody disputes can arise from a variety of different circumstances. Most child custody disputes are handled during a divorce proceeding. However, changes in circumstances may give rise to the need for a modification of a child custody and visitation schedule. Again, most of these kinds of issues arise between the parents of a child.
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In January, we discussed a somewhat different type of custody dispute that arose after the tragedy involving Jovan Belcher and the mother of his child. Reports indicate that Belcher killed the child’s mother before committing suicide. In the aftermath of the murder suicide, authorities reportedly turned the deceased couple’s young daughter over to Belcher’s mother.
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However, she says that she allowed a maternal relative of the child to take the young girl to Texas for the funeral of her slain mother. Since that time, the child’s grandmother says that the Texas relatives have cut off all contact between the paternal grandmother and the young girl. A child custody trial is scheduled for next week in Jackson County, Missouri to determine who should have custody of the young girl.
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Generally, child custody issues are governed by the best interests of the child, a topic our Columbia, Missouri readers may recognize from prior discussions on this blog. In the Belcher situation that standard will have to come into play. The sparring families are expected to present evidence at trial in Missouri to support their own side. Reports indicate that more than 80 witnesses are expected to testify in the Missouri child custody trial. Notably, the maternal relatives reportedly live in Texas, while the child’s paternal grandmother resides in New York.
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Source
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: USA Today, “
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<a href="http://www.usatoday.com/story/sports/nfl/chiefs/2013/05/30/jovan-belcher-kasandra-perkins-murder-suicide-kc-chiefs-romeo-crennel/2374043/" target="_blank" style="display: initial;">
Custody trial nearing for child in Belcher murder-suicide
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,” Lindsay H. Jones, May 30, 2013
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</div>Teen accused of DWI in crash at Missouri emergency room2013-05-31T04:23:09Z2013-05-31T04:23:09Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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A Missouri teenager is facing charges for allegedly driving while intoxicated by alcohol or drugs after three people showed up at a hospital emergency room early Friday morning, according to an Associated Press report carried by Mid-Missouri’s KOMU-TV. Apparently, only one of the three people was in medical distress. Authorities claim that the owner of a car that brought the sick person to the hospital stayed in the ER area with the person in distress while a 17-year-old woman who was part of the group went back outside to move the car.
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Police claim that the 17-year-old bumped into the parking garage structure and a parked car while attempting to move the vehicle outside the emergency room. Authorities claim that the young woman then reversed the vehicle and ran into the window of the emergency room.
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During the stressful time, the teen is accused of pulling forward again, striking the same parked car a second time. The alleged event was reported around 3:00 Friday morning in the St. Louis suburb of Chesterfield, Missouri.
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Law enforcement apparently is seeking surveillance video, but claim that the 17-year-old had been the person who attempted to move the vehicle at the hospital. No injuries resulted from the incident. The 17-year-old woman, however, is accused of DWI. It is not clear from media reports what suspicions authorities are basing the DWI charges upon—police say that authorities obtained a blood sample from the teen—toxicology results have not been released or publicly reported.
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DWI charges in Missouri can bring a variety of consequences if a person is convicted of the charge. While the laws allow for placing a person behind bars, additional direct and collateral consequences (such as increases in car insurance rates and an impact on driving privileges) are common in DWI cases, It is important to have the allegations and procedures reviewed to help protect rights when criminal charges arise.
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Source
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: KOMU-TV, “
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<a href="http://www.komu.com/news/car-drives-through-hospital-er-window/" target="_blank" style="display: initial;">
Car Drives Through Hospital ER Window,
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” Associated Press, May 31, 2013; St. Louis Post-Dispatch, “Drunken driver tries to make the hospital ER a drive-through in Chesterfield,” Kim Bell, May 31, 2013
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</div>Uptick in housing prices linked to uptick in divorce filings2013-05-30T04:23:10Z2013-05-30T04:23:10Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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The downturn in the economy several years ago had a significant impact on the housing market. Many commentators may say that the reality is rather the reverse—that the housing market collapsed the economy. Whether a person believes in the chicken or the egg does not matter in many situations, the result meant that many homes fell underwater on the mortgage.
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As the economy and housing market improve, more homeowners are finding some equity in the home. That has resulted in an increase in the number of people who are deciding to file for divorce, as housing issues are less fearsome for many people, according to commentators. An improving economy also suggests that unemployment rates may decline, easing financial fears of many.
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Overall, divorce rates are not as high as they were years ago—reflecting a concurrent reduction in marriage rates in today’s culture. However, as our Columbia, Missouri area readers may know form this blog, the divorce rate among people over the age of 50 has been slowly rising over the past 20 years as baby boomers age.
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Consumer confidence and the housing market has improved in recent months, and some people who deal with family law issues say that the number of people seeking to end their marriages has shown a spike in recent months.
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A 2011 survey conducted at the University of Virginia suggests that the current apparent economic upturn may not necessarily be the source of the recent spike in divorce. That study shows that the economic downturn had a negative impact on marital satisfaction. There is another chicken or egg argument.
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Each marriage has its own issues and structures. Family law can involve a variety of issues, such as child custody. But when children are involved in a divorce, financial issues may arise related to support. Similarly, financial issues arise in other areas as divorcing couples must reach a settlement over the division of marital property.
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A Columbia, Missouri family law attorney can help an individual to understand rights and navigate the rules of Missouri law in a divorce proceeding.
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Source
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: The Fiscal Times, “
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As Home Values Rise, So Does Divorce
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,” Blaire Briody, May 17, 2013
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</div>Six injured in Pike County, Missouri failure to yield accident2013-05-28T04:23:11Z2013-05-28T04:23:11Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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The Missouri State Highway Patrol believes that a teen driver’s failure to yield at a highway intersection led to an injury accident in Pike County Monday afternoon. Generally, failure to yield issues can arise in a number of contexts. Traffic laws create rules for who has the right of way in many situations, ranging from the right of way involving pedestrians, to the right of way at intersections and while merging into highway traffic.
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The Memorial Day accident near Louisiana, Missouri reportedly involved two pickup trucks that met at the intersection of U.S. 54 and Route UU. Six people suffered personal injuries in the Missouri car accident.
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State officials say that a 16-year-old Louisiana, Missouri resident failed to yield at a stop sign at the intersection. Authorities say that the young driver pulled out in front of a second pickup truck that was traveling south on U.S 54.
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In all, six people were involved in the two vehicle wreck—three people were in each of the two pickup trucks. All six of the accident victims were transported to Pike County Memorial Hospital for treatment of undisclosed injuries.
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The Louisiana, Missouri teen was accompanied by two other teens aged 14- and 16-years-old. Authorities say that none of the teens were wearing seat belts when the pickup trucks collided.
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Three people from Illinois were in the second pickup that authorities say had the right of way on U.S. 54. Each of the accident victims from Illinois was wearing seat restraints. The injury accident was reported shortly after 4:15 Monday afternoon.
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Source
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: Quincy Herald Whig, “
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<a href="http://www.whig.com/story/22436976/six-injured-in-pike-county-mo-accident" target="_blank" style="display: initial;">
Six injured in Pike County, Mo., accident
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,” May 28, 2013
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</div>Police suspect teen was texting in tragic Missouri fatal accident2013-05-24T04:23:12Z2013-05-24T04:23:12Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Distracted driving has been on the radar of traffic safety officials for some time now. Texting behind the wheel has been a hot-button topic throughout the country as our culture tries to find ways to keep drivers, passengers in vehicles, other motorists and pedestrians safe on our roads. Unfortunately, inferences of distracted driving continue to pile up in stories involving car accidents all across the country.
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A heartbreaking story from Missouri is making national news after a young driver was killed in a car and truck accident on Missouri Highway 7 last Thursday afternoon. The Harrison High School freshman had just received her driver’s license just four days before the fatal crash. Troopers say that an unsent text message was found on the young woman’s cellphone after the wreck occurred. Authorities believe that the unsent text message at least gives rise to the inference that the teen may have been distracted before the fatal accident.
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Authorities say that the 16-year-old honor student pulled out in front of a tractor trailer as she crossed southbound Highway 7 seeking to turn north onto the highway. She reportedly was only a few blocks from home when the semi truck slammed into her car. The car and semi-truck accident proved to be fatal for the honor student.
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The story has made its way across the country. However, the tragedy has devastated her family and community in Missouri. Students at her school gathered early in the morning Friday, the day after the crash, to remember their classmate. School officials brought in extra counselors, who were available for students Friday morning after the crash.
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<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: New York Daily News, “
</span>
<a href="http://www.nydailynews.com/news/national/texting-caused-teen-crash-death-cops-article-1.1347892" target="_blank" style="display: initial;">
Missouri town mourns teen who died in crash, cops blame on texting
</a>
<span style="display: initial;">
,” Michael Walsh, May 18, 2013; The Kansas City Star, “‘Texting was an issue’ in Cass County crash that killed 16-year-old girl,” Eric Adler, May 17, 2013
</span>
</p>
</div>Columbia man accused of assaulting law enforcement with tear gas2013-05-23T04:23:15Z2013-05-23T04:23:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Law enforcement claims that an attempted traffic stop Monday to investigate an alleged stolen vehicle has led to felony assault charges against one man, and tampering and resisting accusations against a 16-year-old juvenile.
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Columbia Police officers say that they attempted to pull over a car that allegedly was reported stolen. The investigatory stop was attempted near Highway 763 and Brown School Road. A Boone County Sheriff’s deputy responded to the area to back up the Columbia Police officers.
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The deputy claims that when he arrived, he watched the officers chasing two males. The deputy apparently joined in the foot chase, choosing to pursue one of the men. Authorities claim that the foot chase turned into a three-way duel between law enforcement wielding Tasers and an 18-year-old Columbia, Missouri resident allegedly wielding a can of tear gas.
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Law enforcement claims that the 18-year-old initiated the alleged duel, spraying the deputy with the gas. The deputy responded, using his Taser in an effort to subdue the teenager, according to Boone County officials. Apparently unfazed, law enforcement says that the teen sprayed more tear gas toward the deputy. A Columbia Police officer joined the alleged fray, deploying his Taser upon the teen.
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The last Taser jolt apparently ended the alleged melee, as law enforcement arrested the 18-year-old. Authorities accuse the young man of second-degree assault on an officer. He also is facing charges of armed criminal action and resisting arrest.
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Few details are known about the apprehension of a 16-year-old that law enforcement says is linked to the investigatory stop. The younger teen was turned over to juvenile authorities. Officials accuse the juvenile of tampering and resisting arrest.
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Generally, assault of a law enforcement officer in Missouri is a felony level offense. Many provisions of the assault of a governmental worker or law enforcement officer may bring a mandatory sentence of time behind bars upon a conviction.
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</p>
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<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: ABC 17 News, “Columbia man arrested after spraying tear gas in deputy’s face,” May 21, 2013
</span>
</p>
</div>Can mediation reduce costs, stress in a Missouri divorce?2013-05-23T04:23:14Z2013-05-23T04:23:14Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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<span style="display: initial;">
It is no secret that divorce can involve a variety of areas for dispute. Along with the potential for legal dispute, emotions can rise as a couple moves toward the end of the marriage. Some people may find that family law mediation may not only work as a way to resolve the legal disputes, but may in many cases ease some of the emotional tensions of a divorce as the parties may feel more control over the outcome of the proceeding.
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In most any divorce, the parties may seek to negotiate the various terms of the divorce. When a couple is awaiting trial in a contested divorce, any disputes that cannot be resolved through negotiation may be placed before the court to resolve. When a divorcing couple chooses to mediate their differences, the parties may be able to resolve issues from a less adversarial stance, and a mediated compromise may better fit the individual needs of the parties involved.
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Each person in the divorce may have an attorney to provide individualized advice during a mediated divorce. A person can benefit from that legal advice in knowing that the personalized guidance helps to ensure that his or her interests are being represented and protected in the divorce process. A person generally may also consult with other professionals during a mediated divorce, such as financial advisors, tax professionals or an accountant to know the implications of the process.
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It is also important to note that disputes that may arise post-divorce, such as a custody or support modification issue, may be resolved through mediation under Missouri law.
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Mediation may not be for everybody, but in many cases, a mediated divorce may lower costs and tension related to the process. Some commentators say that because a mediated divorce involves the opportunity for the parties to reach a settlement agreement that matches their own post-divorce family and lifestyle structures, the agreements may be more beneficial for each party in the long run as compared to a final judgment rendered by the judge.
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</p>
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<span style="display: initial; font-weight: bold;">
Source
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<span style="display: initial;">
: Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/diane-l-danois-jd/mediation-myths-and-misunderstandings_b_3137489.html" target="_blank" style="display: initial;">
Mediation Myths and Misunderstandings That May Affect Your Decisions in Divorce
</a>
<span style="display: initial;">
” Diane L. Danois, May 10, 2013
</span>
</p>
</div>2 Killed, 2 injured in hit-run on US 50 in Johnson County2013-05-17T05:35:13Z2013-05-17T05:35:13Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Federal highway safety officials estimate that more than 10 percent of all accidents involve a hit-and-run driver. The U.S. Department of Transportation says that the majority of hit and runs involve property damage.
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Columbia, Missouri personal injury lawyers know that hit-and-run accidents can involve serious injury and death. Some drivers may leave the scene of an accident out of fear of the consequences that may result from a crash. But, accident victims who are injured or killed by a hit-run driver obviously cannot avoid the personal consequences of the wreck.
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The Missouri State Highway Patrol says that a hit-and-run driver fled the scene of a fatal accident after rear-ending a vehicle early Sunday morning on U.S. 50. Four Green Ridge, Missouri residents were in a Mercury on eastbound U.S. 50 shortly before 12:30 a.m.
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Troopers sat that the driver of an unknown vehicle slammed into the rear end of the Mercury the four travelers were riding in, forcing the Mercury off the road. The car overturned and struck a tree.
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The driver of the vehicle that slammed into the rear of the Mercury fled the scene, according to law enforcement. A 53-year-old man was driving the Mercury when it was forced off the road. He and a 54-year-old female passenger were killed in the tragedy. Two other passengers, each 47-years-old, suffered serious personal injuries in the wreck.
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One of the accident victims was taken to a Kansas City area hospital, while the other was transported to a medical center in Independence, Missouri.
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Johnson County officials and the State Patrol are investigating the fatal crash.
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<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: Sedalia News-Journal, “Two Green Ridge residents killed in hit-and-run,” May 12, 2013
</span>
</p>
</div>Police: Missouri man offered to sell Xanax in text message2013-05-17T04:23:16Z2013-05-17T04:23:16Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Police investigations can come in a wide variety of forms. Law enforcement may often open an investigation after receiving some form of tip. Some investigations may take months or more. However, many criminal cases arise after a brief probe into some allegation raised by someone contacting police. Nonetheless, constitutional issues may arise in lengthy or brief investigations. But, constitutional principles can involve complex legal analysis.
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We all know that cellphone use has become ubiquitous in our culture. Wednesday, a person reportedly contacted law enforcement in Southeast Missouri about text messages that law enforcement claims raised suspicion. The person told officials with the Lawrence County Sheriff’s Office that a male had sent text messages to the person, which allegedly included an offer to sell Xanax. Law enforcement says that the text messages included an invitation for the receiver of the message to drop by and pick up the drugs.
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Authorities say that the person who reported the messages also provided the name of the person who allegedly sent the texts. It is not clear from a media report how that person knew who had allegedly sent the texts. Deputies claim that they decided to follow the text message invite to the home of a man in Walnut Ridge, Missouri.
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Deputies claim that a man briefly stepped out of the Walnut Ridge home when law enforcement arrived. However, officials claim that when the man noticed that deputies were present, he retreated back into his home. Deputies apparently followed the man into his residence. Authorities claim that the deputies saw the man trying to hide Xanax pills and pot in a couch.
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The Walnut Ridge man was arrested on a series of drug charges. He faces allegations of unlawful possession of marijuana, delivery of Xanax, possession of paraphernalia, and accusations of fleeing and resisting related to the visit from law enforcement.
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<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: KAIT 8, “Wrong number leads to man’s arrest on drug charges,” Patricia D. Davis, May 16, 2013
</span>
</p>
</div>NBA guard Steve Nash poses challenge to child support order2013-05-16T04:23:17Z2013-05-16T04:23:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Many Columbia, Missouri residents may be aware that family law issues are generally a function of individual state laws. For instance, child support laws vary from state to state. Calculating child support in one state differs from how other states may arrive at a child support obligation. Missouri family law provides a system of guidelines that apply to child support calculations, but it may be possible to deviate from the guidelines in specific cases.
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A recent story from out west may involve a very different argument raised in a child support issue. NBA basketball star Steve Nash reportedly is seeking to have his child support obligation ended, claiming that his ex-wife already has enough money from the couple’s divorce settlement, and continued child support payments will be detrimental to his kids.
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Nash reportedly argued in family court that his ex-wife has an extravagant lifestyle and may be prone to spoiling the kids with additional child support payments. He says that he contributes to other expenses, such as medical care, for the kids. That, combined with the large settlement in the couple’s divorce should allow him to avoid paying child support. The judge reportedly agreed with the argument and Nash’s ex-wife, Alejandra Amarilla, has appealed the family court ruling.
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The dispute is not the first in family court between the divorced couple. Late last year, Nash sought a ruling to prohibit his ex-wife from moving with her kids to California in an odd child custody dispute. She and the kids still live in Arizona, and the current child support dispute is being handled in that state.
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Generally, child support and custody issues are initially handled during the divorce proceeding. But changes in circumstances may occur after a divorce is finalized. Post-divorce modifications related to support and custody orders may become necessary. Generally, under Missouri law, post-divorce modifications must involve a substantial change in circumstances. A Columbia, Missouri family law attorney can assess an individual situation and help explain how the law applies for a parent seeking, or defending against a modification.
</span>
</p>
<p>
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</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/2013/04/30/steve-nash-child-support_n_3185543.html" target="_blank" style="display: initial;">
Steve Nash Child Support: Lakers Star Allegedly Doesn’t Want To Pay Because Ex Might Spoil Kids
</a>
<span style="display: initial;">
“, Cavan Sieczkowski, April 30, 2013
</span>
</p>
</div>Police arrest Centralia woman for assault after noise complaint2013-05-10T04:23:20Z2013-05-10T04:23:20Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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<span style="display: initial;">
Law enforcement visited the home of a Centralia, Missouri woman twice Monday night before arresting her on suspicion of a string of criminal charges. Police claim that a neighbor had made two noise complaints, bringing law enforcement to the neighborhood. Law enforcement says that on the first visit around 11:30 Monday night, officers could not substantiate the first noise complaint. The neighbor reportedly called back to repeat the complaint, bringing police out a second time.
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When officers arrived the second time, police claim that noise was coming from the Centralia woman’s house. In looking into the loud music issue, law enforcement claims that a police officer saw the woman throw a hook at her neighbor. Police claim that the woman had committed assault against her neighbor, but during the encounter, a pile of allegations grew. Authorities accuse the woman of several felonies, including the assault against the neighbor and assault on a police officer—among other offenses.
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Police claim that the woman was acting belligerent, yelling at the neighbor and police. The officer had drawn his gun as the woman alleged continued to scream from inside her home. Police claim that the woman later emerged with a bowling pin her hand and walked toward the officer. He says that he holstered his gun when he determined that she had no firearm. But, he claims that the woman took a swing with the bowling pin, missing the officer. He reportedly tackled the woman and placed her under arrest.
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She is accused of two counts of first-degree assault—one of those counts alleged first-degree assault of a police officer. She is also charged with two counts of armed criminal action and first-degree trespassing.
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The woman apparently was hauled down to the Boone County Jail. Authorities claim that officers discovered a cylinder in the woman’s jail cell containing what police claim is synthetic pot. Authorities added a possession charge based upon the contents of the cylinder. The woman reported posted bond of $125,000 and was released pending further proceedings.
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Authorities say that the hook allegedly used against the neighbor is of the type normally used to hang plants. Police allege that the hook grazed the neighbor’s leg, without inflicting injury. The officer says that he could feel the breeze from the bowling pin when the woman swung and missed, and he was not injured.
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Generally, allegations of assault do not necessarily require that a person is injured. Similarly, an assault charge does not require that a person has actually made physical contact with another under Missouri law. Assault charges can carry heavy penalties, including lengthy prison sentences upon a conviction. If law enforcement alleges serious physical injury resulted from an assault, the stakes become higher.
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</p>
<p>
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</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Columbia Daily Tribune, “
</span>
<a href="http://www.columbiatribune.com/news/crime/woman-faces-charges-after-run-in-with-neighbor-police-officer/article_66189dd0-b740-11e2-8993-10604b9f1ff4.html" target="_blank" style="display: initial;">
Woman faces charges after run-in with neighbor, police officer
</a>
<span style="display: initial;">
,” Brennan David, May 7. 2013
</span>
</p>
</div>Cars and trucks collide near St. Joseph, killing 2, injuring 92013-05-10T04:23:18Z2013-05-10T04:23:18Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Anyone who drives an interstate with regularity may be aware that traffic can get tied up at anytime of the day or night. Unfortunately, sudden traffic jams may still catch a driver off guard.
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The Missouri State Highway Patrol believes that the driver of a 16-passenger van may not have recognized a traffic jam early Thursday morning in time. Authorities say that the driver of the van clipped a car before crashing into a tractor trailer that had slowed due to an accident earlier in the morning on Interstate 29, south of St. Joseph, Missouri.
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The driver of the passenger van apparently was transporting a number of people to St. Joseph Thursday. Authorities say that the driver and his wife were killed instantly in the early morning crash, which was reported shortly before 5:00 a.m. Eight relatives of the couple were seriously injured in the wreck. At least some of the passengers work at a plant in St. Joseph, Missouri and authorities believe the van was on a morning commute to the plant.
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State troopers say that the driver of the car originally struck in the multi-vehicle traffic crash was also injured. The nine people who sustained injuries and survived were taken to a hospital in St. Joseph.
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Authorities say that the accident victims suffered a wide variety of serious injuries. Missouri troopers report that some of the accident victims sustained broken bones, while others suffered head injuries in the wreck.
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The crash left an entire family—and a community—devastated. The couple who lost their lives and all of the passengers in the van are originally from Myanmar (formerly known as Burma). They came to this country as refugees.
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</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KCTV 5, “Two dead, 9 injured in massive wreck on I-29 near St. Joe,” Chris Oberholtz, Heather Staggers, Rand Laura McCallister, May 9, 2013; St. Joe Channel KQ2, “Fatal Accident Closes Northbound I-29,” May 9, 2013
</span>
</p>
</div>Best interests for parents in child custody disputes2013-05-09T04:23:21Z2013-05-09T04:23:21Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Last week we talked about the best interests of the child and how one court decided a custody issue involving divorcing parents who had quarreled during the bulk of their time together. Some couples do not have a similar history, but when the marriage relationship breaks down disputes may begin to arise. That may be especially true when children are involved and a couple heads to family court for a divorce.
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Emotions can run high—but, many commentators say that it is important for parents to consider the best interests of the child in child custody issues—even outside of the court provisions. While many divorcing parents can face strong emotions during and after a contested divorce, there are many things a parent can do to ease the tension.
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Parents often can develop some animosity toward an estranged spouse, feel a sense of grief, sadness and experience other emotional issues—but, those adult issues do not need to get in the way of considering the child (or children). The idea here is that most parents continue to hold a deep love for their children—an issue at odds with potential emotions against an estranged spouse.
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There are several general ideas that may help a divorcing parent in keeping the best interests of the child in mind—even during a contested child custody dispute, according to commentators. A big step is to avoid playing the blame game. Seeking to assign blame can lengthen and deepen disputes during a divorce. The blame game essentially can get in the way of reaching a settlement that is truly in the interests of the child in many divorces. There may be times when true issues should be raised, but a family law attorney can assess those situations on an individual basis.
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Custody disputes are determined in the child’s interests—to maintain the well-being of the child. A child custody dispute generally should not be resolved solely by what works best for the convenience of the parents. When divorced parents put down each other in front of the kids, the comments can reflect upon the children in a sense. Children essentially know that they are a part of each parent, and the kids may internalize the negative comments against a parent.
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</p>
<p>
<span style="display: initial;">
Keeping an open mind and acknowledging that change has occurred are also important things to consider. Each spouse will have a different life post-divorce. That does not necessarily have to mean that the change must have an adverse impact upon the kids.
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<p>
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</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Fox News, “
</span>
<a href="http://www.foxnews.com/health/2013/04/21/4-tips-for-parents-going-through-divorce/" target="_blank" style="display: initial;">
4 tips for parents going through divorce
</a>
<span style="display: initial;">
,” Tina Paone and Thomas Petrelli, Apr. 21, 2013
</span>
</p>
</div>Southern Missouri police chief in off-duty motorcycle wreck2013-05-02T05:41:19Z2013-05-02T05:41:19Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The law generally imposes a duty upon motorists to look out for other drivers and pedestrians. When a driver fails to see other motorists, the results can be devastating. That may sound like preaching to the choir for most Columbia, Missouri residents. But when it comes down to the bottom line, many motorcycle riders know that all too often, a motorcycle wreck involves a driver who simply failed to see a motorcycle.
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Many times, a driver may fail to see a motorcycle approaching an intersection. A car can fail to yield and pull into an intersection in front of a bike that has the right of way. In some instances, a driver may attempt a left-hand turn in front of an approaching motorcycle—or any other type of vehicle. But what happens when a rider stops to prepare to make a left-hand turn into a driveway and another vehicle approaches from behind the stopped motorcycle.
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That was apparently the issue leading to a motorcycle accident Wednesday afternoon on Highway 32. Law enforcement says that the chief of police of Leadwood, Missouri stopped on Highway 32 to make a left-hand turn into a private drive around 5:00 in the afternoon. The Missouri Highway Patrol says that a 50=year-old Farmington, Missouri man approached the bike from the rear and failed to see the stopped Harley preparing to exit the highway.
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The Farmington man’s Ford Ranger slammed into the rear of the Harley, ejecting the off-duty police chief. Authorities say that the motorcycle accident victim suffered serious injuries in the wreck and was airlifted to a hospital. The motorcyclist reportedly suffered a broken leg and contusions in the wreck.
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<p>
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</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Daily Journal, “
</span>
<a href="http://dailyjournalonline.com/news/local/leadwood-police-chief-injured-in-motorcycle-wreck-recovering-in-hospital/article_56049102-b2d5-11e2-9952-0019bb2963f4.html" target="_blank" style="display: initial;">
Leadwood police chief injured in motorcycle wreck, recovering in hospital
</a>
<span style="display: initial;">
,” April 28, 2013
</span>
</p>
</div>Court orders joint custody under 'best interests of the child'2013-05-02T05:40:08Z2013-05-02T05:40:08Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The law generally imposes a duty upon motorists to look out for other drivers and pedestrians. When a driver fails to see other motorists, the results can be devastating. That may sound like preaching to the choir for most Columbia, Missouri residents. But when it comes down to the bottom line, many motorcycle riders know that all too often, a motorcycle wreck involves a driver who simply failed to see a motorcycle.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
Many times, a driver may fail to see a motorcycle approaching an intersection. A car can fail to yield and pull into an intersection in front of a bike that has the right of way. In some instances, a driver may attempt a left-hand turn in front of an approaching motorcycle—or any other type of vehicle. But what happens when a rider stops to prepare to make a left-hand turn into a driveway and another vehicle approaches from behind the stopped motorcycle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
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<span style="display: initial;">
That was apparently the issue leading to a motorcycle accident Wednesday afternoon on Highway 32. Law enforcement says that the chief of police of Leadwood, Missouri stopped on Highway 32 to make a left-hand turn into a private drive around 5:00 in the afternoon. The Missouri Highway Patrol says that a 50=year-old Farmington, Missouri man approached the bike from the rear and failed to see the stopped Harley preparing to exit the highway.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
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<span style="display: initial;">
The Farmington man’s Ford Ranger slammed into the rear of the Harley, ejecting the off-duty police chief. Authorities say that the motorcycle accident victim suffered serious injuries in the wreck and was airlifted to a hospital. The motorcyclist reportedly suffered a broken leg and contusions in the wreck.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Daily Journal, “
</span>
<a href="http://dailyjournalonline.com/news/local/leadwood-police-chief-injured-in-motorcycle-wreck-recovering-in-hospital/article_56049102-b2d5-11e2-9952-0019bb2963f4.html" target="_blank" style="display: initial;">
Leadwood police chief injured in motorcycle wreck, recovering in hospital
</a>
<span style="display: initial;">
,” April 28, 2013
</span>
</p>
</div>Boone County deputies: Passenger in car fled during traffic stop2013-05-02T04:23:22Z2013-05-02T04:23:22Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The Boone County Sheriff’s Department claims that what started as a routine traffic stop on Saturday afternoon led to the arrest of a Columbia, Missouri man on an alleged parole violation. A recent media report suggests that the man may also face some kind of new drug charge, but the story does not provide many details about that new alleged offense.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
Law enforcement says that a Boone County deputy sought to pull over a vehicle for an alleged license tag violation. Officials say that a passenger who had been riding in the car jumped out and fled into the neighborhood as the driver of the vehicle slowed down for the traffic stop. Law enforcement apparently gave chase to the man on foot.
</span>
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<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
Officials say that a K-9 unit was used in search of the alleged missing passenger. The K-9 unit apparently found a man a couple of blocks away from the scene of the traffic stop. The man was in a back yard. Deputies apparently believe that the man who was found could be linked to the vehicle stop.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Authorities say that the man violated his parole and took the man into custody. While the story has hit the news, it is not clear from the news report what deputies base their suspicion of a parole violation upon. However, it appears that authorities may suspect the man of a new drug offense. The man is being held without bond in the parole violation issue, and the media says that no bond has been set on an alleged new drug offense.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
People who are on parole or probation can have strict terms and conditions linked to the supervisory status. When allegations of a new criminal offense arise for a person on probation or parole, the legal issues can be complex. Not only does a person face potential impact on the previous charge based upon the probation or parole violation, but the new charges can bring additional exposure to a new criminal sentence.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
It is important for a person suspected of a violation to consider seeking the assistance of a Columbia, Missouri criminal defense lawyer for assistance in navigating the complex legal issues that a violation can involve.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: ABC 17, “
</span>
<a href="http://www.abc17news.npgb.preview.ib-prod.com/npgb/servlet/page/view/npgb-cjc/news/K-9-unit-catches-marijuana-suspect/-/18421100/19830822/-/7u08nyz/-/index.html" target="_blank" style="display: initial;">
K-9 unit catches marijuana suspect
</a>
<span style="display: initial;">
,” Gigi Mann, April 22, 2013
</span>
</p>
</div>Danica Patrick amicably settles uncontested divorce2013-04-26T05:42:01Z2013-04-26T05:42:01Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Race car driver Danica Patrick announced last November that she and her husband were separating. The NASCAR driver posted the announcement on Facebook the day after the couple’s seventh wedding anniversary. Ms. Patrick married Paul Hospenthal in 2005. He is a physical therapist whom Patrick met after sustaining a personal injury.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Prior to the wedding, the couple entered into a prenuptial agreement that apparently resolved many of the property division issues that could have arisen in the divorce. However, the couple acquired marital property during the course of the marriage. The two wanted to settle the divorce amicably, and chose to resolve any of their outstanding legal issues through family law mediation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While the family law case was not handled in Missouri, our Columbia area readers who have no disagreements about how any family law issues should be resolved in the divorce may decide to end the marriage amicably in an uncontested-type proceeding. In some cases, spouses may be able to simply agree on a divorce settlement. In others, the spouses may choose to use mediation to settle some potential issues.
</span>
</p>
<p>
<span style="display: initial;">
It is important to note that seeking a divorce creates a legal settlement, and legal and procedural issues in family court need to be properly addressed to ensure that things go smoothly.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A consent decree in the Danica Patrick, Paul Hospenthal divorce reportedly was signed by the family court judge April 15, and filed April 17, finalizing the divorce. The couple’s use of a prenuptial agreement and mediation apparently helped to maintain amicability throughout the family law process.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Sources
</span>
<span style="display: initial;">
:
</span>
</p>
<ul>
<li>
<span style="display: initial;">
USA Today, “
</span>
<a href="http://www.usatoday.com/story/sports/nascar/2013/04/25/danica-patrick-divorce-ricky-stenhouse-jr-nascar-sprint-cup/2113299/" target="_blank" style="display: initial;">
Danica Patrick single again after divorce finalized
</a>
<span style="display: initial;">
,” Jeff Gluck, April 25, 2013
</span>
</li>
<li>
<span style="display: initial;">
ESPN, “Danica Patrick’s divorce official,” David Newton, April 25, 2013
<span>
</span>
</span>
</li>
</ul>
</div>US Supreme Court ends warrantless blood draws in DWI cases2013-04-25T05:42:03Z2013-04-25T05:42:03Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Eight of the nine justices on the United States Supreme Court agreed with Missouri courts and the criminal defense this month on the application of the warrant requirement in routine drunk driving investigations. The nation’s highest court ruled last week that the warrant requirement of the constitution has application investigations of alleged driving while intoxicated offenses.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The case originated in Cape Girardeau County. A Missouri State Highway Patrol trooper pulled over a car for alleged traffic offenses. The trooper expanded the scope of the investigation to look for evidence of drunk driving. Ultimately, the Missouri driver was charged with DWI. The driver was taken to a hospital for a blood test.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The trial court threw out the blood test results and the Missouri Supreme Court agreed that the warrantless blood draw violated constitutional protections against unreasonable search and seizures. The issue had previous been considered in the U.S. Supreme Court in the 1960s-but the case previously before the court had involved a driver who had been in an accident. Since that time, courts across the nation have come to different conclusions about the scope of the holding in the 1966 high court ruling. Prosecutors appealed the Missouri court decision to the U.S. Supreme Court for its ruling.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The U.S. Supreme Court recognized that blood dissipates naturally in the body over a period of time. But the court says that the natural dissipation of blood is not sufficient by itself to throw out constitutional protections in every DWI investigation. The opinion of the court does not specify when law enforcement may seek a blood test without a warrant (although the 1966 ruling was not overturned). But the court ruled that law enforcement generally must obtain a warrant to lawfully obtain a blood sample in DWI cases.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The important ruling shows that constitutional protections remain important. Many people assume that a person is guilty of an offense when a story of an arrest in printed in the media. But our system of justice is based upon important rules and constitutional protections that are in place to maintain the integrity of the justice system.
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: News Tribune, “Supreme Court rejects routine no-warrant DUI blood tests,” April 18, 2013
</span>
</p>
</div>Two pedestrians injured in separate I-70 accidents in Missouri2013-04-25T05:42:02Z2013-04-25T05:42:02Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Pedestrians are particularly vulnerable in any accident with a motor vehicle. Typically, people think of pedestrian accidents as occurring at a crosswalk, or along a city street when a driver fails to yield, or loses control of a vehicle. But pedestrian accidents can vary greatly in the facts from case to case.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Earlier this week, two separate pedestrians were injured in accidents along Interstate 70 on back-to-back days. A 23-year-old Columbia, Missouri man was struck early Monday by a tractor-trailer east of Range Line Street. Columbia Police do not know why the man was walking along I-70 around 12:45 Monday morning.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Authorities say that an Illinois man driving the semi attempted to swerve to avoid hitting the pedestrian, but the front end of the tractor struck the pedestrian in the right lane of I-70. The 23-year-old accident victim suffered life-threatening injuries and is being treated at University Hospital.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
Less than 24 hours later, a pedestrian was struck on I-70 near O’Fallon, Missouri. The Tuesday evening accident also involved a tractor trailer. However, the Tuesday wreck involved several vehicles in a chain-reaction event. The Missouri Highway Patrol says that a Pontiac Firebird was disabled in the eastbound lanes of the interstate around 9:25 Tuesday evening. A 23-year-old O’Fallon man was outside the vehicle.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A tractor-trailer slammed into the stranded Pontiac, plowing the abandoned Firebird into the pedestrian along the shoulder. A Chevy Silverado approached the accident scene and authorities say that the driver tried to avoid slamming into the Pontiac, but crashed into the truck. The pedestrian suffered relatively minor injuries in the wreck. The driver of the Chevy and the truck each escaped injury, according to the Highway Patrol.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While that scene seemed to be settling down, a 49-year-old St. Louis, Missouri man approached the site. At around 9:40 p.m., authorities say that the St. Louis man swerved to avoid a vehicle along the Interstate near the wreck scene. Authorities say that the St. Louis man avoided other vehicles, but slammed into a guardrail. He sustained what authorities are characterizing as moderate injuries and was taken to an area hospital for treatment.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Sources
</span>
<span style="display: initial;">
:
</span>
</p>
<ul>
<li>
<span style="display: initial;">
Columbia Daily Tribune, “
</span>
<a href="http://www.columbiatribune.com/news/pedestrian-hit-by-semi-on-i/article_bbc3c7ba-ab64-11e2-8a2b-001a4bcf6878.html" target="_blank" style="display: initial;">
Pedestrian hit by semi on I-70
</a>
<span style="display: initial;">
,” April 22, 2013
</span>
</li>
<li>
St. Louis Post-Dispatch, “Pedestrian struck, motorist hurt in chain-reaction crash on Interstate 70,” April 24, 2013
</li>
</ul>
</div>Fatigue a major factor in up to one-fifth of car accidents2013-04-17T05:42:05Z2013-04-17T05:42:05Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A recent study shows that fatigue is much more a safety hazard for drivers, passengers, and others on the road that previously projected. Previous estimates have placed driver fatigue as a cause in two or three percent of car accidents, but this study suggests that the real figure is closer to 20 percent.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Researchers examined surveys, simulator studies, and driver performance on test tracks to determine the extent to which driver fatigue can cause car crashes. The findings indicated that drivers between the ages of 18 and 20 years old were the most at-risk for fatigue related crashes than other age groups.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Driving while fatigued is an interesting problem, because car crashes related to fatigue seem imminently preventable by asking that people not drive when they are too tired. However, the realistic demands of getting to work and school, running errands, and going home each day means that it is easier said than done to avoid driving while tired.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Still, when someone causes a car accident because they did not exercise reasonable care to avoid it, there can be liability consequences. People who are injured in fatigued-driving car accidents have a right to recover for the damage to their car or other property, as well as medical expenses and other financial harm caused by the crash.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As many would expect, in the moments before an accident, drivers displayed the typical signs of extreme tiredness, including drooping eyes, bobbing heads, and what researchers called micro-sleep, which is a state when someone is falling asleep and then snapping back awake quickly.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p style="line-height: 2;">
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Insurance Journal, “
</span>
<a href="http://www.insurancejournal.com/news/national/2013/04/15/288377.htm" target="_blank" style="display: initial;">
Driver Fatigue Causes 20% of Auto Crashes: Study,
</a>
<span style="display: initial;">
” Susan Trulove, April 15, 2013.
</span>
</p>
<p style="line-height: 2;">
<span style="display: initial;">
<span style="display: initial;">
Information about the rights of
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accident
</a>
<span style="display: initial;">
<span style="display: initial;">
victims can be found on our Missouri personal injury site.
</span>
</span>
</p>
</div>Fatal accident in Missouri claims 2 lives after rear end crash2013-04-11T05:42:06Z2013-04-11T05:42:06Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A morning accident involving two tractor trailers, a car, and a pickup truck has taken two lives. The fatal accident occurred on U.S. 60 in the Missouri city of Republic. The drivers of the car and pickup were both killed at the scene of the accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A tractor trailer rear ended both vehicles. The impact forced those vehicles underneath a second tractor trailer. Those three vehicles were stopped at a traffic light, and the evidence suggests that the first tractor trailer did not decelerate for the light. This crash caused the highway to be shut down for approximately five hours while an investigation was conducted.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Per Missouri state law, the drivers that survived were administered tests for alcohol. Apparently, there was a fifth vehicle that sustained minor damage as a result of debris from the other vehicles. The driver of the truck is now facing criminal charges. Bail was initially set at $25,000 bond, and the accused man was incarcerated in lieu of payment.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The deceased victims’ families are now facing many financial as well as legal decisions as a result of this fatal accident. Any party involved in a fatal Missouri crash, including the surviving family of those that died, may benefit from gaining an understanding of their rights and responsibilities under our state’s personal injury laws. Regardless of the pending criminal charges, wrongful death claims seeking recovery of monetary damages may be an appropriate remedy. A successfully litigated claim may help in preventing an emotional tragedy from becoming a financial one as well.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Kirksville Daily Express, “
</span>
<a href="http://www.kirksvilledailyexpress.com/article/20130328/NEWS/130328816" target="_blank" style="display: initial;">
Accident fatal for Macon man
</a>
<span style="display: initial;">
,” March 28, 2013
</span>
</p>
</div>Punishment for child support non-payment raises debate2013-04-06T05:42:07Z2013-04-06T05:42:07Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A man who failed to make child support payments was given an unusual punishment that has created debate between supporters and opponents of the method. The man, who is more than $13,000 behind in child support payments was forced to wear a sign that alerted others to his crime. Although the technique has not been tried in Missouri at this point, it is likely that the same mixed reactions would be seen here as well as throughout the nation. Non-payment of child support is a problem seen in every state throughout the country.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The Scott County, Mississippi, father was forced to wear a sign stating that he had not paid child support and was in contempt of court. He must wear the sign for three hours a day, three days a week until he pays the entire amount he owes.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Reactions have included those who applaud the action as bringing attention to the problem of child support collection and others who feel the punishment is demeaning and will not help the man catch up on his payments. Some pointed out that there are many others in the county who are behind on payments, and if the punishment was used for one person, it should be used for all. The subject’s mother is opposed to the punishment, noting that the man has cancer and has not been able to keep a job. Even the state chapter of the NAACP has questioned the procedure, saying that DHS has not been “fair” investigating the matter.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Those who are looking for a way to recover unpaid child support or who need help negotiating a divorce agreement including child support payments may benefit from talking to a divorce attorney. An attorney may be able to explain the various options available to parents when considering child support.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Clarion Ledger, “Child support sign: Punishment applauded, questioned,” Dustin Barnes, March 19, 2013
<br/>
</span>
</p>
</div>Bill disallows custody claims for rapists2013-03-26T05:42:08Z2013-03-26T05:42:08Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
After learning of a Missouri child custody lawsuit against a woman by the man who allegedly raped her, the Utah Senate voted March 13 to pass a bill that would disallow such claims in that state. While such lawsuits are still allowed in Missouri, Utah will no longer allow rapists to sue for child custody if the child was the product of the attack, nor will they be allowed to obtain visitation with such children.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The bill was written after legislators heard of the Missouri case, in which the woman became pregnant after she was allegedly raped. The rapist later served her with a lawsuit demanding custody of the child that was born as a result of the sexual assault. This case sparked outrage among Utah’s legislators when they realized that their own laws could also permit such a situation.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While the Utah bill would require rapists to pay child support, they would not have any other parental rights. It remains to be seen if other states will adopt similar legislation. While most people understand the emotional and safety issues involved with allowing rapists to have custody of children, this law may be seen as a violation of constitutional rights since rapists are still required to pay child support.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Parents who are raising children may be entitled to payments of child support from the non-custodial spouse. If a parent has been ordered to pay child support by a court and is not meeting financial obligations, a family law attorney may be able to assist the custodial parent in finding ways to collect the child support payments.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Salt Lake Tribune, “
</span>
<a href="http://www.sltrib.com/sltrib/politics/55997847-90/rapists-rights-bill-parental.html.csp" target="_blank" style="display: initial;">
Bill to prevent parental rights for rapists passes
</a>
<span style="display: initial;">
,” Lee Davidson, March 18, 2013
</span>
</p>
</div>Gray divorces mean changes in property division2013-03-21T05:42:10Z2013-03-21T05:42:10Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A recent study shows that 25 percent of divorces in 2009, or one in every four, occur between partners aged 50 or older. This is double the figure for that age group for 1990 and is likely to increase in coming years as the average age of the population continues to climb. Property division between long-time partners and those in their later years are generally different than those of younger couples in Missouri.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Recovering financially from a “gray” divorce can be difficult. Spouses at this age are likely to have long-term investments that must be divided fairly, and both partners must have enough to live on as they enter retirement age. Gray divorces leave little room for miscalculation if both partners are to have sufficient funds to manage for the rest of their lives.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
One of the biggest decisions couples must make at this age is how to split the assets accumulated during the marriage. Most states follow an equitable distribution principle that may not necessarily lead to a 50/50 split. Courts consider the age of the spouses, their health and the income potential of each partner. Partners must decide if they are better off with liquid assets or with shares in real property or a business. Spouses should also pay attention to beneficiary designations and who is required to make life-support decisions as well.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The divorce process is not always easy, but with the help of a family law attorney, many couples find that they can reach an equitable agreement. A Missouri family law attorney may be able to give good legal and financial advice on how to minimize the damage from a late-life divorce for both partners.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/howard-hook/tips-for-going-through-a-_b_2782957.html" target="_blank" style="display: initial;">
Tips for going through a gray divorce
</a>
<span style="display: initial;">
,” Howard Hook, March 7, 2013
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</p>
</div>Atlanta woman sues Michael Jordan for child support2013-03-13T05:42:11Z2013-03-13T05:42:11Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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A 48-year-old woman has filed a suit claiming that Michael Jordan, owner of the Charlotte Bobcats and a member of the basketball Hall of Fame, fathered her 16-year-old son. The suit requests that Jordan comply with a paternity test and, if proven to be the boy’s father, pay both child support and expenses such as medical and dental care. The suit also asks that the boy be given a new birth certificate and his surname be changed to Jordan.
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The boy’s mother has asked that any trial or court hearing be closed to reporters to protect the teen’s identity. However, the teen himself allegedly posted a video to YouTube claiming that Jordan is his father and that he wants him to be involved in his life. So far, the mother does not appear to have retained an attorney in the matter.
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Claims of paternity against public figures are not uncommon. Due to modern science, DNA testing could help establish paternity relatively quickly and with a strong degree of confidence. When a man is found to be the father of a child through DNA testing, most states require him to pay child support and other expenses retroactively.
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A family law attorney may be able to assist a mother who is seeking to prove paternity or a father who is dealing with such a case. Paternity issues are very important from a legal standpoint since denying the child does not exclude a man from paying for the child’s support. A family law lawyer may be able to help parties negotiate a fair agreement for the support and upbringing of the child.
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</div>Missouri legislator introduces bill to change custody hearings2013-03-05T05:42:12Z2013-03-05T05:42:12Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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House Bill 566 would give fathers who have established paternity expedited hearings for violations of custody or visitation. A representative of Springfield, Missouri, who sponsors the new child custody bill, said that parental and marriage ideals of today have changed and that many couples share children without the benefit of traditional vows.
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For married couples, Missouri law provides expedited hearings in the case of disagreements or violations of custody and support agreements. However, that same protection does not currently extend to partners who are not married, meaning that a father may not be able to bring violations of agreements to the court’s attention in a timely fashion.
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The Missouri Supreme Court has already ruled that both married and unmarried parents must be given the same rights and treatment. Therefore, fathers who have never married the mothers of their children must be given the same expedited hearings as former spouses. However, the law has not fallen into line with the Supreme Court’s decision, creating inequity for unmarried fathers. The new bill proposes to create a law that reflects what the court has already ruled and will give equal rights to any father who has established biological paternity.
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A father facing a custody or support issue may wish to seek the advice of a Missouri family law attorney. Family law attorneys may be able to explain the laws surrounding custody and child support and advise their clients on ways to proceed toward equitable goals for sharing the responsibility of raising their children.
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Source
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<span style="display: initial;">
: News-Leader, “Bill proposes change in handling custody hearings,” Jonathan Shorman, Feb. 21, 2013
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</div>Points to ponder as you consider divorce, property division2013-02-27T05:42:13Z2013-02-27T05:42:13Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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When Missouri couples begin divorce negotiations, they can easily become caught up in the details, emotions and difficulties inherent in this process. Questions of asset and property division may be settled rather quickly, but experts believe that moving more at a more measured pace may benefit both partners in the long run and avoid financial problems.
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While some couples want to minimize the length of a divorce and consequently end up rushing through the settlement process, they may find that what they have given up costs much more than it would have to simply take their time over the negotiations. Divorce attorneys advise that couples remain truthful about their financial assets, take care of major details such as splitting retirement accounts and utilize the advice of financial experts regarding the true value of their assets.
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Family law attorneys also advise couples to choose the right time to file for divorce rather than acting on emotion. They suggest that they separate what they can prior to the divorce through separate accounts or other financial measures.
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If a prenuptial agreement exists, its terms should be followed regarding property division. As such, one partner should not agree to a settlement that gives the other more than the prenup allows simply because it will speed up the divorce. Finally, if one partner opts to change his or her will to reflect the changes brought by divorce, a lawyer should be consulted. In fact, some states freeze assets involved in a will or invalidate them upon divorce.
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The advice of a family law attorney may be valuable if you are thinking of filing for a divorce or if you are already going through the separation process. Understanding the divorce laws that directly apply to Missouri residents can positively benefit settlement negotiations and give you confidence when reaching an agreement.
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<span style="font-weight: bold; display: initial;">
Source
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<span style="display: initial;">
: Fox Business, “Divorce attorneys share their tips to avoid financial mistakes when splitting up,” Kate Rogers, Feb. 19, 2013
</span>
</p>
</div>Common mistakes can wreak divorce havoc2013-02-19T05:42:14Z2013-02-19T05:42:14Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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The process of filing for divorce may seem deceptively simple on paper. However, it may involve substantial financial and psychological stress and is nowhere near as easy as it may at first appear. Avoiding common mistakes that many Missouri residents make when seeking a divorce takes patience, discipline and knowledge.
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No one should ever sign a divorce agreement or any other legal document without completely understanding its terms. This may mean seeking the help of a family law attorney. Further, making critical decisions pertaining to the divorce should not be handled when emotions are running high; otherwise, one could end up engaging in an expensive battle over non-essential items.
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For spouses who are set on keeping the marital home, moving out can be a bad decision. Similarly, reconciliations should be encouraged but not undertaken unless the issues that led to the separation have been resolved. Withholding information from one’s lawyer is also a quick way to find trouble in one’s divorce negotiations as is disregarding specific orders by the court or failing to comply with settlement terms. Further, a divorcing spouse should never settle for less than the legally sanctioned amount of child support, alimony or other forms of income.
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A family law attorney can be a valuable resource for those seeking divorce; he or she may provide advice and assist in negotiations for a fair settlement. It is important for individuals going through a divorce to understand the rights and responsibilities present during the process and to have sound legal advice in order to protect those rights and comply with those obligations to avoid future complications down the road.
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<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/sherri-donovan-esq/17-common-mistakes-to-avo_1_b_2568218.html" target="_blank" style="display: initial;">
17 Common Mistakes To Avoid In Divorce Proceedings
</a>
<span style="display: initial;">
,” Sherri Donovan, Feb. 5, 2013
</span>
</p>
</div>Advice for those whose partners are self-employed2013-02-12T05:42:15Z2013-02-12T05:42:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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When a spouse works for himself or herself, partners can be less than fully informed about the value of the business and the amount available for division in the event of a divorce in Missouri. While property division can be difficult in any divorce, it is likely to be complicated if one of the partners owns a business where money can be hidden relatively easily.
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For example, calculations of child support and alimony can be complicated if a spouse’s income varies from month to month. Most child support or alimony orders are predicated on a standard of income that remains relatively constant, but when a person is self-employed, income can be highly variable, making it hard to calculate an exact sum. This problem is even more difficult to solve if the spouse in question is hiding cash.
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A divorce attorney can work with a spouse who must obtain information on a partner who may be hiding cash. An experienced lawyer will utilize the services of experts who can analyze the spouse’s business assets to determine the amount that may be available for property division.
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<span style="display: initial; font-weight: bold;">
Source
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<span style="display: initial;">
: Forbes, “
</span>
<a href="http://www.forbes.com/sites/jefflanders/2013/01/30/what-a-divorcing-woman-needs-to-know-about-her-husbands-cash-based-business/" target="_blank" style="display: initial;">
What A Divorcing Woman Needs To Know About Her Husband’s Cash-Based Business
</a>
<span style="display: initial;">
,” Jeff Landers, Jan. 30, 2013
</span>
</p>
</div>Peruvian siblings get adopted by Missouri couple2013-02-06T05:42:17Z2013-02-06T05:42:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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One Missouri couple found themselves dealing with not one but five child custody issues when they made the decision to adopt siblings from Peru. The three brothers and two sisters are between 9 and 17 years old and lost their parents to tuberculosis. Prior to the adoption, the children convinced a friend of the Missouri family to send out a mass email with their pictures attached asking for new parents.
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The adopting couple has two children, a 17-year-old daughter and a 1-year-old daughter. However, they felt after a visit to a Guatemalan orphanage that they should open their home to these five children who did not want to be separated. The father, an associate pastor at a local church, stated that he was willing to take the kids as his own.
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However, making the decision to adopt was only the beginning of a long and sometimes grueling process involving an international adoption of five children at once. The couple’s church raised $85,000 to finance the fees for the adoptions and helped to fix the home in preparation for the children’s arrival. The children arrived just after Christmas and have been acclimating to new schools and learning to speak English.
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Most adoptions are not quite this complicated, but the issue of adoption and child custody can often leave prospective parents with more questions than answers. A family law attorney can help a growing family handle the paperwork and legalities involved in bringing a new child into their home and life and can greatly ease the burden of adoption, especially if the adoption involves crossing state or international lines.
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<span style="display: initial; font-weight: bold;">
Source
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<span style="display: initial;">
: Daily News, “
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<a href="http://www.nydailynews.com/news/national/missouri-couple-adopt-peruvian-orphans-article-1.1247290#ixzz2JTkrG8az" target="_blank" style="display: initial;">
Missouri couple adopts five Peruvian children, giving the orphaned siblings a chance to start their new American life together
</a>
<span style="display: initial;">
,” Carol Kuruvilla, Jan. 24, 2013
</span>
</p>
</div>Missouri woman faces charges related to child pornography2013-02-01T05:42:20Z2013-02-01T05:42:20Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A Missouri woman has been indicted on federal charges related to child pornography. Authorities have charged the woman with first degree promoting child pornography and sexual exploitation of a minor. The allegations stem from an investigation conducted by authorities after the woman’s estranged husband turned her in due to a photo he allegedly found in his wife’s email.
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<span style="display: initial;">
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That photo reportedly depicted a young child in a pornographic pose. After police received the photo from the woman’s husband, she surrendered herself to authorities. Police officials further allege that the woman not only took photographs showing the nude three-year-old girl, but she thereafter sent them electronically to adult males who resided in various states.
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According to Missouri police officials, the accused woman also confessed that she had molested that girl along with a two-year-old boy. Now, the woman is facing criminal allegations at the Missouri state level as well as at the federal level. Missouri law states that a person who is convicted of sexual exploitation of a minor could potentially face a prison term of up to 10 to 30 years.
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State law also dictates a sentence of five to 15 years in prison in the event of a conviction on promoting child pornography charges. While these charges are certainly serious in nature, this woman should not be considered guilty simply because a federal grand jury has indicted her. Only if prosecutors manage to prove her guilty beyond a reasonable doubt will she be convicted of any criminal charges in state or federal court. This is not a foregone conclusion since the defendant is entitled to present a defense on her own behalf, and the burden of proof rests solely upon the government’s figurative shoulders.
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Source: News-Leader.com, “Nixa woman faces federal charges in child porn case,” Rance Berger, Jan. 22, 2013
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</div>Columbia car accident causes serious injuries to 1, hurts 22013-02-01T05:42:19Z2013-02-01T05:42:19Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Many people fear the potential dangers associated with traveling on the road. Add alcohol into the mix and what should be a straightforward matter of safely getting from point A to point B can become even more dangerous. One recent car accident in Columbia involving multiple vehicles caused serious injuries to one victim and less serious injuries to two others.
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Authorities believe that alcohol played a role in the four-car motor vehicle accident. According to Columbia police officials, the chain reaction collision occurred because the purportedly responsible driver did not stop at a traffic light when he should have. Furthermore, they believe he rear-ended one vehicle that had stopped at the westbound traffic light. This set off a series of other collisions.
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The driver that authorities believe was responsible suffered minor injuries in the accident. Unfortunately, two of the other drivers were not so lucky. One suffered injuries that were described as being moderate while a third driver sustained serious injuries in the incident.
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The three drivers who suffered minor to serious injuries were all transported to an area hospital to receive treatment. It is possible that the driver alleged to have caused the motor vehicle accidents could face criminal charges if police do uncover evidence that alcohol was involved. Regardless, the driver could find himself facing civil penalties should any of the victims who were hurt decide to pursue a personal injury lawsuit against him. Such a civil action can provide accident victims with a way to recover the medical and other financial damages that they have incurred as a result of a car accident.
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<span style="display: initial;">
Source: connectmissouri.com, “Multi-car accident leaves three in hospital,” Jan. 23, 2013
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</div>Couples share the causes of their divorces2013-01-31T05:42:22Z2013-01-31T05:42:22Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A recent unscientific survey found that everyone seems to have different opinions on why nearly half of all marriages end in divorce. While many couples last a lifetime, some find they aren’t built for the long run. In order to discover if any factors were consistent across failed marriages, individuals were asked their opinions on why couples opted for divorce.
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The results were surprising in that there was little consensus among the responses. Several major themes emerged, and some of the respondents gave completely unique answers to the question. For example, one respondent devised a formula that for every negative interaction, there should be five positive conversations. However, not everyone agrees with that formula. Several respondents stated that partners simply “grew apart” as they changed with age.
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While there was no consensus among the answers given to the survey, themes such as growing distant, lack of support and respect, and behaviors such as lying or adultery did appear in several responses. It seems clear that while no one really knows what causes divorce, there are certain behaviors that seem more likely to end marriages over time.
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<p>
<span style="display: initial;">
When couples have reached the end of their ability to compromise and live together, divorce may be the best option. However, couples who are considering divorce should also think about the legal and financial implications of this decision. A family law attorney can explain each partner’s options and the cost of ending a marriage both in financial terms and in terms of child custody and visitation, if applicable.
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</p>
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</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/2013/01/17/divorce-causes-_n_2498491.html?icid=maing-grid7%7Cmaing9%7Cdl30%7Csec3_lnk2&pLid=260000" target="_blank" style="display: initial;">
Divorce causes: 23 reasons marriages end in divorce, according to divorced people
</a>
<span style="display: initial;">
,” Jan. 17, 2013
</span>
</p>
</div>Sex crimes, extortion trial underway in federal court in Missouri2013-01-25T05:42:24Z2013-01-25T05:42:24Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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<span style="display: initial;">
<span style="display: initial;">
Opening statements were heard recently in the trial of a federal indictment against a 36-year-old man. Authorities allege he engaged in a number of
</span>
</span>
<a href="/criminal-defense/sexual-offenses" style="display: initial;">
sex crimes
</a>
<span style="display: initial;">
<span style="display: initial;">
in Missouri that involved a 16-year-old girl. He is also charged with extortion and witness tampering.
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The purported extortion victim was a 31-year-old man who, according to authorities, met the girl on Facebook after she sent him a “friend” request. Their online communications were said to turn sexual, and the girl reportedly suggested they could meet at her apartment in Kansas City. The man says he believed the girl was 17, the age of legal consent in Missouri. While they engaged in sex at the girl’s apartment, the accused man purportedly filmed the tryst secretly from a closet. Prosecutors allege that the man then used the tape to extort money from the man, under the threat of disclosing the tryst publicly and to the man’s wife.
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Once the prosecution laid out for a federal jury what it seeks to prove during the trial, the attorney for the accused man also addressed the jury. The lawyer did not review the specifics of the man’s defense. Instead, she simply requested that the jury remain impartial and require the prosecution to prove allegations set forth beyond a reasonable doubt.
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Opening statements before a jury are not evidence. Rather, the statements are typically an outline of what the government intends to prove, followed by a response on behalf of the defendant. Regardless of what is said by the attorneys in addressing a jury, the sex crimes and other criminal allegations cannot result in a conviction unless the government is able to prove its case beyond a reasonable doubt by competent evidence. Failing that, no conviction can be achieved, no matter what the government has represented at the outset of a trial.
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</span>
</p>
<p>
<span style="display: initial;">
Source: KansasCity.com, “Trial starts in case involving extortion, 16-year-old girl, sex and a hidden camera,” Tony Rizzo, Jan. 15, 2013
</span>
</p>
</div>Fatal Missouri auto accident: Driver sentenced; Wrongful death?2013-01-25T05:42:23Z2013-01-25T05:42:23Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
A foreign national attending Missouri State University on a student visa has finally been sentenced in criminal court for his role in a fatal car accident dating back to Dec. 2010. The 26-year-old man originally pleaded not guilty to involuntary manslaughter. He was accused of causing an
</span>
</span>
<a href="/Personal-Injury/Traffic-Accidents" style="display: initial;">
auto accident
</a>
<span style="display: initial;">
<span style="display: initial;">
that took the life of a 24-year-old man near the university. In Nov. 2012, he withdrew his not guilty plea and admitted guilt.
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</span>
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A prosecutor said the pedestrian accident occurred after the accused man lost control of his car. Though the speed limit in the area of the auto accident was 35 mph, authorities indicated he reached speeds equivalent to highway driving. The pedestrian was carried on the vehicle after the sidewalk crash until the car broke off part of a utility pole. The victim was tragically flung to his death in the process.
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The criminal court sentenced the now convicted man to jail for 120 days. He was also required to undergo treatment for substance abuse, in addition to completing other conditions. The prosecution had requested a prison sentence of four years, and it was not clear what led the court to sentence the man to a shorter period of incarceration.
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The family of the deceased victim may feel that some sense of justice has been achieved as a result the man’s conviction stemming from this fatal auto accident. Regardless, the surviving family still has the option of seeking further accountability by pursuing a wrongful death lawsuit in a Missouri civil court room. Since the driver pleaded guilty, proof of that conviction may be offered in a related civil action as evidence of liability. Once liability is established to a court’s satisfaction, it will hear claims for reimbursement of monetary damages sustained as a result of the tragedy.
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</span>
</p>
<p>
<span style="display: initial;">
Source: Ozarksfirst.com, “MSU Student Sentenced for 2010 Fatal Pedestrian Crash,” Jan. 4, 2013
</span>
</p>
</div>Baby Belcher child custody matter heating up in Missouri2013-01-23T05:42:26Z2013-01-23T05:42:26Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The mother of Kansas City Chiefs player Jovan Belcher, who killed both himself and the mother of his child last month, is seeking child custody in a petition filed with the probate court in Kansas City. Belcher’s mother, who resides in New York, has filed for custody of the 4-month-old daughter of the deceased couple as well as a petition to be administrator of Belcher’s estate.
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<span style="display: initial;">
However, Belcher’s mother is not automatically the first choice for custody. Relatives of the mother have now entered their own petition to be considered for custody of the child as well. The next hearing is expected to change the status of the custody case from uncontested to contested based on the entry of the new custody petition.
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</p>
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<span style="display: initial;">
Child custody in the wake of such a terrible tragedy can become a very emotional matter, especially when members of both sides of the family are battling for custody. The fact that Belcher killed the child’s mother may enter into the arguments about the best placement for the baby.
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<p>
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</p>
<p>
<span style="display: initial;">
Most custody cases do not involve tragedies of this magnitude. However, when a baby is orphaned through a tragedy, the family members on both sides may want custody of the child. A family law attorney can represent family members who are interested in seeking custody of a child in such circumstances and can assist them in coming to an agreement with other family members who may also want to raise the child.
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</p>
<p>
<span style="display: initial;">
Source: KSDK News, “Jovan Belcher child custody hearing in Missouri court,” Jan. 11, 2013
</span>
</p>
</div>Man faces drunk driving charge after Missouri police pursuit2013-01-17T05:42:30Z2013-01-17T05:42:30Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
A man from another state is now facing a drunk driving charge in Missouri after an alleged police pursuit. The vehicle was allegedly stolen south of Missouri but then crossed over into our state. Police authorities managed to stop the vehicle in Macon County, Missouri and the man is now facing a
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
drunk driving
</a>
<span style="display: initial;">
<span style="display: initial;">
charge, along with several other criminal allegations.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Officials maintain that the 42-year-old man stole a vehicle in another state before crossing into Missouri. Missouri Highway Patrol officers were then requested to assist a Randolph County sheriff’s deputy that was pursuing the man. Authorities were able to stop the man in Macon County thanks to stop sticks that were placed over the road.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
When police ran the license plate, they discovered that it had been reportedly stolen from Little Rock, Arkansas. The man was arrested and along with the drunk driving charge also faces accusations of failing to yield to an emergency vehicle and driving under a revoked license. At last report, he remained incarcerated under a $25,000 cash bond and was set to be arraigned in mid-January.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Individuals facing a drunk driving charge like the man in this case have the right to fight the charges against them. However, they may also choose to negotiate a plea agreement with prosecutors if they feel that this will result in a more positive outcome under their specific circumstances. Whatever they choose, though, community members should keep in mind that they are deemed innocent until and only if proven guilty in a court of law.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: HeartlandConnection.com, “Pursuit of stolen car ends in drunk driving charge,” Jan. 7, 2013
</span>
</p>
</div>Husband and wife killed in Missouri truck accident2013-01-17T05:42:27Z2013-01-17T05:42:27Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
All too often, truck accidents devastate the lives of victims and family members who are left behind to mourn the loss of those who succumb to their catastrophic injuries. One recent Missouri
</span>
</span>
<a href="/personal-injury/truck-accidents" style="display: initial;">
truck accident
</a>
<span style="display: initial;">
<span style="display: initial;">
resulted in the deaths of a husband and wife who were in their 60s. The two were killed in a collision with a 32-year-old truck driver that took place in Pike County, Missouri.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The man was driving a tractor-trailer close to the intersection of Highway 54 and Route U when the fatal crash occurred. Authorities indicate that traffic ahead of the eastbound truck driver had evidently slowed for a driver making a turn. At that point, the truck driver failed to slow down in time to avoid that traffic. He reportedly crossed over into the westbound lane and slammed into the SUV being driven by the 67-year-old husband.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Both that man and his 62-year-old wife died at the scene of the collision. Several eyewitnesses were able to give their accounts of the incident to authorities. This included a sheriff’s deputy who was actually traveling eastbound when the crash took place and confirmed that he did see the accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The tractor-trailer driver involved in the fatal truck accident suffered moderate injuries and was reportedly airlifted to a hospital near St. Louis, Missouri. Unfortunately the couple’s relatives and friends will now be left scrambling for answers in the wake of this tragedy. In many similar cases, surviving family members choose to file a wrongful death civil lawsuit in order to obtain restitution to pay for funeral and other such expenses. While it won’t replace their lost loved one, it can help take some of the financial pressure off of survivors.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: The People’s Tribune, “Accident Claims Lives Of Couple From Laddonia,” Jan. 8, 2013
</span>
</p>
</div>Sperm donor asked to pay child support2013-01-16T05:42:31Z2013-01-16T05:42:31Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In a unique case involving a father’s rights and responsibilities, the state of Kansas asserted that a sperm donor who provided material to impregnate a lesbian woman must now pay child support for the baby that he helped to create. The decision has set off a backlash of controversy, with some claiming that the state is politically motivated in its decision.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The Topeka man answered a Craigslist advertisement soliciting sperm donations for a lesbian couple who wanted to have a baby together. The man agreed to give the women his sperm, donating it free of charge according to his testimony. He delivered the sperm to the women and also allegedly signed an agreement stating that he would not have any financial responsibility in regard to the child once it was born.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
However, when the lesbian couple separated and the custodial mother became ill, she applied to the state for financial assistance. The state, in turn, contacted the sperm donor for child support payments. State officials said that they were unsatisfied that the agreement between the donor and the mother was as he claimed since the two women did not use a doctor to document the sperm donation. Had they done so, the donor would have officially had no parental rights and had no requirement of child support.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Artificial insemination by a doctor can be very expensive, with a single attempt costing as much as $3,000. This means that some would-be mothers may attempt the procedure at home. Now, the state has singled out a relatively anonymous sperm donor to pay child support in such a case. A family law attorney will represent the donor as he attempts to fight for his legal rights in this matter.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: CNN, “
</span>
<a href="http://www.cnn.com/2013/01/04/us/kansas-sperm-donation/index.html" target="_blank" style="display: initial;">
Kansas hits up sperm donor for child support
</a>
<span style="display: initial;">
,” Jan. 5, 2013
</span>
</p>
</div>Fathers' RightsHow to tell it is time for divorce2013-01-10T05:42:33Z2013-01-10T05:42:33Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The decision to divorce is never easy. It can involve changing homes, jobs or even locations, and it may bring financial difficulties as well as emotional distress. However, there are times when divorce really is the best option to solve relationship problems. When counseling has not worked and two people can no longer live together, divorce may be the only reasonable option.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
There are some tell-tale signs that divorce is imminent. For one thing, when communication stops altogether, it is a reliable sign that working problems out may not be feasible. Loss of communication usually goes along with loss of respect and a wish to be alone rather than with your partner. In some cases, partners may feel that they are only in a relationship because they prefer to deal with known problems rather than unknown problems.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In some cases, abuse is a factor in a relationship. No one should have to live with physical, emotional or mental abuse, and sometimes a divorce is the only way to put a stop to this type of behavior. Staying together to benefit the children or because you are willing to subvert your own needs is also not a sustainable or healthy recipe for marital success.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A divorce attorney can explain the implications of divorce, including the financial consequences. While it may be difficult to decide to end a relationship, the process is a little easier if you have solid information from a legal professional regarding how a divorce will impact your life and the possible advantages or disadvantages you will experience if you decide to proceed.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/the-stir/10-signs-its-time-to-get-_b_2338250.html?utm_hp_ref=divorce&ir=Divorce&icid=maing-grid7%7Cmaing9%7Cdl29%7Csec1_lnk2&pLid=252463" target="_blank" style="display: initial;">
10 Signs It’s Time to Get A Divorce
</a>
<span style="display: initial;">
,” Aunt Becky, Jan. 3, 2013
</span>
</p>
</div>Woman facing drug distribution charges in Missouri2013-01-07T05:42:35Z2013-01-07T05:42:35Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Being accused of committing drug crimes can lead to serious penalties that can include jail time along with monetary fines, if a criminal conviction should result. One Missouri woman was recently faced with
</span>
</span>
<a href="/criminal-defense/drug-crimes" style="display: initial;">
drug distribution
</a>
<span style="display: initial;">
<span style="display: initial;">
charges in connection with Valium pills. Authorities allege that she tried to sell 10 of the pills to an informant who was working for police.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
At the time of the allegedly drug sale, the woman was reportedly pushing a stroller that held one child while another child was walking alongside her. Reports do not indicate whether the children were the woman’s own or if she was caring for someone else’s children. Regardless, officials maintain that the woman traded the anti-anxiety medication to the police informant in exchange for $30.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This investigation marked a cooperative drug operation conducted by the Perry County Sheriff’s Department along with the Southeast Missouri Drug Task Force and the Missouri State Highway Patrol. Authorities arrested the woman recently for the crime of felony drug distribution, although the alleged drug sale actually took place back in June. She is being held in Perry County on a $10,000 cash bond.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Now the woman will be faced with deciding whether she wishes to fight the drug distribution charges or reach a plea agreement with prosecutors. While the burden of proof rests upon the government’s figurative shoulders, some defendants decide that they can receive a more favorable outcome if they negotiate with authorities. Each defendant must make this choice based upon the circumstances in each individual case and after ensuring that they fully understand the relevant laws and penalties that they are facing.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Source: seMissourian.com, “
</span>
<a href="http://www.semissourian.com/story/1926296.html" target="_blank" style="display: initial;">
Perryville woman arrested on drug-distribution charges
</a>
<span style="display: initial;">
,” Dec. 28, 2012
</span>
</p>
</div>Missouri car accident leaves 5 injured just after Christmas2013-01-07T05:42:34Z2013-01-07T05:42:34Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
The holiday season can be an especially difficult time to deal with injuries caused by a Missouri car accident.
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
Car accident
</a>
<span style="display: initial;">
<span style="display: initial;">
injuries can mar a time that is meant to be festive and lead to costly medical bills in the future. One recent auto collision led to five people suffering injuries that required hospitalization.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The accident happened in a Missouri town at an intersection just before 9 p.m. on the day after Christmas. A 16-year-old driver was reportedly traveling south in a 2007 Pontiac G6 when she failed to yield at a stop sign. As a result, she collided with a man driving a 1997 Dodge Ram at the intersection.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to the Missouri Highway Patrol, the teenager did not obey the stop sign at the intersection where the accident took place. Three minor passengers in the 16-year-old’s vehicle suffered injuries and both drivers were evidently also injured. Police reports indicate that all five were transported to be treated for their injuries at the Hannibal Regional Hospital. Reports did not indicate what condition the injured individuals were in at the time of their hospitalizations.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There was not yet any word on whether the teen would be cited for failure to stop at the sign. However in some cases like this, injured drivers or passengers are able to pursue payment for their medical and other damages caused by such a car accident. Missouri law provides the opportunity for such personal injury claims to be filed in civil court, provided that evidence can be presented that demonstrates a driver’s negligence either caused or contributed to the collision.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: ConnectTristates.com, “Five injured in two-car crash in Hannibal,” Dec. 27, 2013
</span>
</p>
</div>Man injured while operating a motorcycle recovers in Columbia2013-01-04T05:42:38Z2013-01-04T05:42:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Motorcycle accidents can often lead to serious injuries due to the fact that vehicles which collide with them are often larger. Furthermore, the open nature of a motorcycle also makes it more likely that a driver could be seriously
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
injured while operating a motorcycle
</a>
<span style="display: initial;">
. One recent Missouri motorcycle accident sent a man to University Hospital in Columbia for treatment of injuries that included pelvic injuries and a broken wrist, elbow and leg. The man was taken to Rusk Rehabilitation in Columbia once he was discharged from the other facility.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Police officials report that the accident took place after a car attempted a left turn into the path of the motorcycle. Both of the vehicles were so badly damaged that they required towing. Each of the drivers also had to be transported to receive medical care for injuries sustained in the collision.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Authorities expect that the man will need to be at the rehab center for at least two weeks due to the severity of his injuries. He normally works as a service station manager but obviously will have to refrain from engaging in his typical duties for quite some time as he recuperates from this accident. This could cause some financial difficulties for the man, something that may only add to the stress he may already be experiencing.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This is one reason why personal injury laws were created, to help those who have been injured while operating a motorcycle. Missouri accident victims who have been injured due to the apparent negligence of another driver may be able to sue to recover damages for expenses they have incurred in such an accident. To succeed in making such a claim, they will need to present evidence that another person’s actions rose to the level of negligence and caused or contributed to the motorcycle accident that injured them.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: Moberly Monitor-Index, “
</span>
<a href="http://www.moberlymonitor.com/article/20121224/NEWS/121229604" target="_blank" style="display: initial;">
Accident Reports
</a>
<span style="display: initial;">
,” Chuck Embree, Dec. 24, 2012
</span>
</p>
</div>Motorcycle AccidentsCompany, project manager face felony charges in Missouri2013-01-04T05:42:37Z2013-01-04T05:42:37Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The serious tornado that rocked a Missouri town in May 2011 left a path of destruction that caused significant damage to many of the town’s buildings. Now, the Missouri Attorney General and a county prosecuting attorney have brought felony charges claiming that at least one company and project manager attempted to take advantage of the deal they had to demolish three of the town’s schools. The contracts that Urban Metropolitan Development received were subject to Missouri’s prevailing wage law since they were considered public works projects.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The prevailing wage law exists to ensure that qualified workers are paid at least the prevailing hourly wage. That amount is determined before a project can even commence and will depend upon the location of the job and the kind of work being done. Missouri authorities are now claiming that UMD and its project manager did not pay all of their workers prevailing wages as required.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Both the company and the project manager are now facing five counts each for the alleged failure to pay prevailing wages. They are further being charged with 10 felony counts of forgery related to this case. The felony forgery counts stem from the fact that officials believe the company altered copies of paychecks to look like prevailing wages were being paid to workers.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Felony charges of forgery can bring as much as seven years in prison, not to mention extensive monetary fines. Each count of failing to pay prevailing wages can bring up to $500 in fines and/or six months in prison. While these are certainly series charges for the company and project manager to face, all criminal defendants enjoy the right to be considered innocent until and unless proven guilty in a court of law. Prosecutors have a considerable burden of proof to meet in order to gain such criminal convictions.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: fourstateshomepage.com, “Felony Forgery Charges Against Company Hired to Demolish Joplin High After Tornado,” Briauna Brown, Dec. 18, 2012
</span>
</p>
</div>Living with ex-partners after divorce2013-01-02T05:42:39Z2013-01-02T05:42:39Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A surprising number of couples still live together after filing for divorce simply because the economy, job loss, and a soft housing market will not allow one or both to acquire a separate residence. Financial disagreements may lead to separation, but they do not necessarily resolve themselves simply because a couple chooses to end their relationship.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A recent survey by the NPR-Kaiser Family Foundation found that couples who have suffered a job loss by one or more partners in the last year reported significant negative changes in their relationships, including damage to health. When couples decide to separate, however, they may be faced with even more bad news: The marital home may be underwater, or they may be unable to sell, often a crucial factor in resolving divorce financial issues.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Couples who are forced to live in the same home despite a decision to divorce should set ground rules for co-habitation. A clear and understandable budget is a must along with psychological or emotional agreements not to argue over differing opinions. Some couples benefit from agreeing not to speak to each other for a 14-hour period after a disagreement. Most importantly, partners must realize that they cannot force a former spouse to acknowledge faults or understand a point of view if the partner chooses not to do so.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
For couples who are considering divorce, having a signed agreement may be helpful in eliminating the cause of many disagreements. A divorce attorney can often prepare an agreement that will meet the needs of both spouses and treat them fairly during and after the divorce process.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: MSNBC, “
</span>
<a href="http://tv.msnbc.com/2012/12/23/chained-to-your-ex-how-to-live-together-after-a-divorce/" target="_blank" style="display: initial;">
Chained to your ex? How to live together after a divorce
</a>
<span style="display: initial;">
,” Michele F. Lawrance, Dec. 23, 2012
</span>
</p>
</div>Woman faces stealing and identity theft charges in Missouri2012-12-28T05:42:43Z2012-12-28T05:42:43Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Stealing and identity theft allegations can lead to serious consequences in the event of a conviction. A woman from Columbia was recently arrested after a Boone County Sheriff’s Deputy pulled her vehicle over for allegedly having no front license plate. She is now facing charges that include
</span>
</span>
<a href="/criminal-defense/stealing" style="display: initial;">
stealing
</a>
<span style="display: initial;">
<span style="display: initial;">
a significant amount of electronic products from various Walmart stores throughout Missouri, along with suspicion of identity theft. Authorities allege that when she was pulled over she failed to give the deputy her own name but instead supplied her sister’s identifying information.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
They further say that she confessed later that she had supplied inaccurate information knowing that she had outstanding warrants out for her arrest in several other Missouri jurisdictions. Those warrants all appear to be for felony stealing and stem from allegations that the woman stole electronic items, including video game consoles and games, a laptop computer and other such products from more than one Walmart store. It is believed that the woman worked with a partner in at least one of the alleged thefts.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Officials indicated that the purported partner had previously worked for Walmart, so had inside information on how to neutralize security tags and cut locking wire off of items. When police arrested the woman after the recent traffic stop, they reported that she had jewelry and other items in her possession but were not yet sure if the items had been stolen. They did arrest the woman due to her outstanding theft warrants and also for suspected identity theft. At last report, the woman was still in jail pending a $182,500 bond.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While the stealing and identity theft charges that this woman faces are quite serious in nature, it is not an automatic fact that she will be convicted of the charges. Government officials rightly have a high burden of proof to overcome when they present a criminal case in court. An accused person cannot be convicted if that standard of proof is not met.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: The Columbia Daily Tribune, “Traffic stop finds suspect in thefts,” Dec. 14, 2012
</span>
</p>
</div>Supreme Court hears child custody argument2012-12-28T05:42:42Z2012-12-28T05:42:42Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In a rare move by the United States Supreme Court, a child custody case was granted a hearing based on the plea of an Army Sergeant First Class whose former spouse took their child overseas. The case began when the little girl was born in Germany with dual United States and United Kingdom citizenship. When the sergeant was transferred to Afghanistan, the mother took the child to Scotland and established residency. Upon his return to the states, the family briefly reunited in Alabama before the mother left and returned to Scotland, taking the child with her.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Prior to leaving, the mother sought and secured an order from a federal district court to take the child out of the country, arguing that the child had spent most of her life in Scotland and that it was her habitual place of residence. The court granted her motion, and she immediately filed for custody of the child upon reaching Scotland. For the past 14 months, the child and mother have resided in that country while child custody measures are pending
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The father brought the case to the Supreme Court to determine if a federal appellate court has the authority to review a district court’s order to return the child to an overseas location under the terms of the Hague Convention. The U. S. Court of Appeals denied the father’s appeal, but the Supreme Court granted him a hearing to resolve the issue.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
When child custody is an issue between parents, a quick resolution to the legal disputes is usually in the best interest of a child. A divorce attorney can assist a parent in securing a swift hearing on all child custody issues so that these matters can be resolved quickly and the children subjected to as little of the legal battle as possible.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/margaret-ryznar/supreme-court-chafin-v-chafin_b_2272575.html" target="_blank" style="display: initial;">
Rare Family Law Case Heard by U.S. Supreme Court,
</a>
<span style="display: initial;">
” Margaret Ryznar, Dec. 10, 2012
</span>
</p>
</div>1 dead, 1 hurt injured in Missouri wrong-way head-on car accident2012-12-28T05:42:40Z2012-12-28T05:42:40Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Car accidents are nearly impossible to avoid when a driver is driving the wrong way on a street in the evening hours. An unwary driver who is not expecting to encounter a vehicle traveling the wrong way in their lane has little time to react and may be unable to avoid a head-on
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car accident
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. One recent Missouri accident became fatal when a 19-year-old driver went the wrong way along an area highway.
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Police report that the young woman entered the eastbound lane of Interstate 70 but was heading westbound near mile marker 151.4 when the fatal collision occurred. According to the Missouri State Highway Patrol, the head-on accident happened at around 3 in the morning and involved the woman’s Nissan Xterra along with another driver’s Hino straight truck. The 19-year-old woman died at the scene of the accident, and the truck driver was seriously injured.
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Emergency personnel transported the man to University Hospital in Columbia, Missouri to receive treatment for the significant injuries that he suffered in the collision. Both vehicles were destroyed. Reports indicate that only the male truck driver was wearing his seatbelt at the time of the accident. They did not indicate why the young woman was traveling the wrong way along the Interstate, however.
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Regardless of why, it is possible that the woman’s estate could face liability in a personal injury lawsuit should the truck driver who was injured in this head-on car accident file such a claim. Personal injury lawsuits are typically available for individuals who have been injured by the negligence of another party. They allow such injured parties to receive financial restitution for medical expenses and other damages that arise from an accident like this one, once liability has been established.
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Source: St. Peters, MO Patch, “
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St. Peters Driver Seriously Injured in Fatal Head-On Crash
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,” Joe Barker, Dec. 10, 2012
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</div>Missouri man faces sexual assault, abuse of patient charges2012-12-20T05:42:44Z2012-12-20T05:42:44Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Being charged with committing sexual assault can be a stressful event in a Missouri resident’s life. Members of the community often rush to judgment when they hear that someone has been charged with
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sexual assault
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. Despite the emotions raised by such an allegation, it is important to remember that not every person who is accused of committing a crime has actually done what they are charged with doing.
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One Missouri man was recently accused of several counts of deviate sexual assault along with one count of abuse of a healthcare recipient. The 56-year-old man was employed by the state’s Division of Senior Services. Officials maintain that he engaged in the alleged wrongdoing over the course of several months when he was visiting the apartment of the male victim.
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At some point in early December, an unidentified person complained that an employee at the Division of Senior Services had engaged in some sort of misconduct. This resulted in Missouri authorities conducting an investigation into the sexual assault and abuse allegations. The man authorities suspect as the culprit was arraigned in court recently and had his bond established at the $200,000 level. He was reportedly scheduled to appear in court again near the latter part of December.
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While the sexual assault and abuse allegations made against this man are serious in nature, he has the right to the same presumption of innocence as any other person in Missouri. Criminal defendants in such cases must make the decision whether to fight the charges or negotiate some sort of plea arrangement with prosecutors. There’s not yet any word on which choice this particular man will make, but it is important that community members do not rush to any sort of judgment based simply on public speculation.
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Source: kfvs12.com, “
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Wardell man accused of sexually abusing patient
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,” James Long, Dec. 9, 2012
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</div>Parental rights difficult to determine in some families2012-12-17T05:42:49Z2012-12-17T05:42:49Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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With today’s reproductive technology, it is not always easy to definitively which parent is a baby’s biological or legal mother. Same-sex partnerships have made this question even more complicated, as there might not legally be a “mother” in the traditional sense. The emergence of gay marriage has highlighted some of the ongoing legal battles faced by parents from alternative families-those with only one parent, two parents of the same sex or those who are related to a child in ways other than being the birth parent. In these cases, child custody may not be a simple issue.
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Petitions to the U.S. Supreme Court have asked that California’s Proposition 8, which bans gay marriage, be ruled unconstitutional. While this ruling would have a positive outcome for thousands of same-sex couples who want to marry, it might also have an effect on the legal rights of other parents.
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Legal challenges also include the questions of babies conceived through alternative technology such as in vitro fertilization. Courts are being asked to determine parentage and legal rights for sperm donors, egg donors and the surrogate mothers who carry these children. For cases in which same-sex couples rely on in vitro methods to conceive or adopt children, the legal questions can be complex and confusing, especially if the couple later separates.
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A family law attorney may be called upon in many cases to help parents define and defend the rights they have regarding their children. As society continues to redefine what it means to be a parent and what the legal rights of various parents may be, family law attorneys will continue to be on the forefront of the battle, protecting the rights of those who want to raise children.
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Source
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Who’s Mom? Legally, biologically, it’s no easy answer
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,” Cathy Lynn Grossman, Dec. 9, 2012
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</div>Missouri truck accident leaves 1 dead2012-12-17T05:42:45Z2012-12-17T05:42:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Many Missouri residents are aware of just how dangerous it can be to share the road with tractor-trailers. When tractor-trailers are involved in a collision, it is often the drivers and passengers of smaller vehicles who are seriously injured or even killed. One recent
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, however, resulted in fatal Injuries to the truck driver and less serious injuries to his passenger and the occupants of two other vehicles.
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The fatal accident occurred when the truck driver was headed east on Interstate 44 near Union, Missouri. Officials report that the driver of the tractor-trailer somehow lost control of his semi. This resulted in the driver attempting to regain control of his vehicle, but instead, over-correcting and then overturning the tractor-trailer.
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In the process of the accident, two other vehicles collided with the overturned semi-truck. The 25-year-old truck driver was pronounced dead by authorities at the scene of the accident. His passenger sustained minor injuries and was transported to an area hospital. Both of the drivers of the other two vehicles suffered injuries and were transported to the same hospital.
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While all three of the individuals’ injuries were described as minor, such injuries can often turn out to be more serious than initially believed. Since they were transported to an area hospital, they will undoubtedly be forced to deal with medical bills stemming from this tragic Missouri tractor-trailer accident. That is one important reason why the state’s personal injury laws allow such individuals who are injured by tractor-trailers to file a civil suit against another driver or that person’s estate in the event that he or she perishes in an accident. Succeeding in this type of personal injury lawsuit will require the presentation of evidence that demonstrates the driver was negligent in causing or contributing to the accident.
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Source: St. Louis Post-Dispatch, “
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Truck driver dies in accident on Interstate 44
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,” Denise Hollinshed, Dec. 9, 2012
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</div>Women can prepare financially for divorce2012-12-11T05:42:53Z2012-12-11T05:42:53Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Most people going through a divorce process are focused on the emotional aspects of the situation and ignore the long-term financial implications. Women are especially vulnerable when it comes to comparing the value of immediate gains in a divorce settlement with the long-term value of those gains. However, there are things women can do to protect themselves through preparation during a marriage so that if divorce becomes a reality, they are insured against financial loss.
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Women should be sure they have access to both cash and credit so that if they are forced to leave their homes, they will have the money to live and to hire a divorce attorney. Many women find that their assets are frozen and that they must borrow immediately after separation in order to survive. Further, women should be sure that they have access to all types of important documents such as wills, tax returns, and bank statements as well as property deeds and vehicle titles. Copies of these documents should be placed in a safe deposit box or other location to which only the woman has access.
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Women should also be sure that they know what they own separately and jointly. If there is a question of the husband hiding assets, the woman should inform her divorce attorney immediately so that a proper search can be made for those assets. Finally, women should talk to their attorneys about the value of an asset over the long-term versus the immediate gratification of obtaining that asset.
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While divorce is a terribly emotional process, it does not have to be financially devastating as well. Being informed and talking to a divorce attorney immediately when deciding to separate can help women protect their financial futures in the face of a divorce action.
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Source: Forbes, “
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Three Types of Financial Mistakes Divorcing Women Make (And How to Avoid Them)
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,” Jeff Landers, Nov. 27, 2012
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</div>Woman dies in fatal traffic accident in Missouri2012-12-11T05:42:52Z2012-12-11T05:42:52Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Missouri families who must face the loss of a loved one in a fatal traffic accident may find themselves asking questions as to how such a tragedy could occur. In some cases, the family of a victim may decide to go forward with a wrongful death lawsuit in an effort to answer some of those questions and seek justice for their fallen relative. While this may not be the right decision for every family, for some it can help cover many of the financial losses that are suffered when a loved one dies unexpectedly in a
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One such car accident proved fatal for a woman recently. The woman was killed after suffering catastrophic injuries in a three-vehicle car accident. The collision reportedly took place after a truck with four occupants slammed into a van with a female driver. The impact forced the truck into an electrical pole and then spun it into a nearby fence. Meanwhile, the van was flung into the rear of a car; fortunately, the occupant of that vehicle did not require hospitalization.
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The female driver of the van was not so lucky and lost her life in the accident. Missouri authorities reported that the truck was actually a stolen vehicle. The driver of that stolen vehicle was a juvenile who had three other young passengers traveling with him at the time. While the driver of that vehicle did face life-threatening injuries in the accident, he is reportedly recovering from them.
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The family of the woman who was traveling in her van will not be fortunate enough to welcome home their own relative after a hospital stay. They will likely be struggling with her unexpected loss in this fatal traffic accident for some time to come. There’s not yet any word on whether they will file a wrongful death lawsuit in connection with this case, but it may be one possible option open to them in the future.
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Source: St. Joe Channel, “UPDATE: One Dead after Three Vehicle Accident in St. Joseph,” Robert Lowrey, Nov. 29, 2012
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</div>Missouri probation officer faces drug possession charge2012-12-11T05:42:51Z2012-12-11T05:42:51Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Being charged with drug possession can be an especially serious prospect for a law enforcement official to endure. One Missouri probation officer is unfortunately finding this out for himself firsthand. The man has been charged with a felony count of
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with the intent to distribute, deliver, manufacture and/or produce. Such an allegation can lead to serious consequences for any defendant should a conviction result, but especially for someone who works in the law enforcement field.
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Potential consequences for a conviction can range from financial penalties to jail time, not to mention the possible loss of reputation in a community. Police officials arrested the Missouri man in this particular case on Nov. 27. They accused him of the felony drug possession charge and transported him to a county jail. The probation officer was able to secure a release based upon a $25,000 bond.
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Court records show that the man’s arrest warrant was kept quiet until it could actually be carried out due to an apparent fear that there might be a risk of injury to police officers or the defendant should news of his arrest be made public beforehand. There doesn’t seem to be any sign that the actual arrest was anything other than routine, however. Now, this Missouri probation officer must move forward in planning his defense against these allegations.
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Each such defendant facing drug possession charges has the right to either fight the allegations or try to negotiate a plea deal with officials. Sometimes defendants decide that negotiating such an agreement may be more advantageous for them in the long run. Every person must make a decision based upon the specific facts in their own case. Nevertheless, the man is entitled to the same rights and protections that apply to all individuals accused of a crime in our state.
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Source: Boonville Daily News, “
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,” Jim Brock, Dec. 2, 2012
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</div>Parents can be at a legal disadvantage if they are disabled2012-12-05T05:42:57Z2012-12-05T05:42:57Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Americans with disabilities are protected by federal law from discrimination in housing, employment and many other important areas. However, the law has been slow to catch up to a growing problem experienced by those with disabilities: child custody.
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Parents who are blind, paralyzed or suffering from cerebral palsy have had to fight for custody of their children simply because they are disabled. According to a report by the National Council on Disability, parents with disabilities are likely to be subjected to biased judgments in child custody cases, and the legal system is not doing enough to protect the rights of these parents.
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Child welfare groups argue that removing children from the custody of disabled parents is sometimes necessary due to the best interests of the child. However, many disabled rights advocates argue that, in many cases, better support for the parents could change the situation dramatically, making it safe for them to take care of their own children. For example, some disabled parents simply need help with transportation so that their children have access to schools, health care and other necessary services.
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A family law attorney can advocate for the rights of disabled parents to share custody of their children with their partners in a divorce action. This may mean finding sources of support for the disabled parent that can become part of the divorce negotiation. A disabled parent who is contemplating divorce might wish to retain the services of a family law attorney to protect his or her rights regarding child custody as well as financial and other legal rights.
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Source
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</div>Missouri relatives can suffer loss of a loved one in car crashes2012-12-05T05:42:55Z2012-12-05T05:42:55Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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It is never easy to suffer the loss of a loved one, especially in what seems to be a preventable type of tragedy. Recently, an Iraq war veteran pleaded guilty to first-degree manslaughter and second-degree assault in connection with a fatal car accident which claimed the lives of two women. Each family member who suffered the
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in this Missouri accident undoubtedly feels that this crash should never have happened since the veteran was driving under the influence of alcohol at the time it occurred.
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In fact, the man’s blood-alcohol content was tested at over two times the Missouri legal limit in the wake of the catastrophic collision. At a recent court hearing, a judge ordered that the veteran must undergo treatment for post-traumatic stress disorder before he can be sentenced for the crimes. Once he finishes treatment, the judge will make a decision on whether the man should be given five years in prison for each criminal allegation. Additionally, the judge will consider whether any such sentences should be served concurrently or consecutively.
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Whatever decision that judge reaches, there is little doubt that the relatives left behind mourn the loss of their loved ones. One of the women who died was 57 years old, while the other was 85. It is likely that each left behind family and friends who now feel a sense of loss that these women will no longer be part of their lives.
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In such fatal car accidents, relatives who have suffered the loss of a loved one have the right to file wrongful death lawsuits against a drunk driver. Missouri personal injury law recognizes the right of such relatives to receive civil compensation for the wrongful death of a loved one, based upon evidence of negligence. While it cannot restore a person to life, it can at least help ease the financial suffering of a family already dealing with a great deal of grief.
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Source: St. Louis Post-Dispatch, “Missouri soldier who pleaded guilty in fatal crash to undergo PTSD program,” Nov. 28, 2012
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</div>Man accused of planning mass murder facing serious charges2012-12-05T05:42:54Z2012-12-05T05:42:54Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Missouri readers will be aware of the recent news concerning an alleged attempt of mass murder. The story has received a great deal of media coverage within the state and across the nation, and residents are relieved that a potential violent event has been prevented by law enforcement. A Missouri man is currently facing serious charges in connection with the alleged planned attack. The story demonstrates the responsibility that the community and even family members have in the prevention of violent crime.
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Police say that they have arrested and detained a man who planned to shoot random people at both a screening of the recently released ‘Twilight’ movie and at a local Walmart store. The investigation into the incident is still underway. However, police have released statements to the media concerning the case in an effort to calm public reaction to a series of events that could have led to a large-scale tragedy within the state. It appears that the mother of the 20-year-old man contacted police with fears that he was planning a massacre.
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The woman told authorities that her son had recently purchased two assault rifles and hundreds of rounds of ammunition. She stated that her son has mental health problems, and was currently not taking his prescribed medication. As a result, the young man was committed to a local hospital for a mental health assessment. As a result of the criminal investigation into the case, he now faces three felony charges, including assault, armed criminal action and making a terroristic threat.
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While this is undoubtedly a difficult time for the young man’s family, they appear to have taken the appropriate steps in contacting the authorities in this case. The actions of this young man’s mother may have saved many lives, and may also lead to treatment to address her son’s mental health issues. As the family prepares his legal defense against these serious charges, the focus may be on his mental health and the proper way to both ensure the safety of the community and also help him to receive the treatment that he needs. While no criminal proceeding is desirable for a Missouri family, this story could have had a very different ending if not for the love of a mother for her son.
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Source: Fox News, “
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<a href="http://www.foxnews.com/us/2012/11/17/missouri-man-accused-twilight-movie-shooting-plot-after-mom-contacts-cops/" target="_blank" style="display: initial;">
Missouri man accused in ‘Twilight’ shooting plot was committed in ’09
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,” Nov. 17, 2012
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</div>People too often injured in Missouri pedestrian accidents2012-11-29T05:42:58Z2012-11-29T05:42:58Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Pedestrian accidents can prove catastrophic in many cases since they involve a much larger vehicle striking a person who is not protected by having another vehicle surrounding them during the collision. Whenever Missouri
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pedestrian accidents
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cause significant injuries to individuals, they may have the right to file personal injury lawsuits against the drivers who hit them. One such recent accident caused serious injuries to a 26-year-old man.
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According to initial reports, the pedestrian was working at the front of a vehicle. The 1993 GMC pickup truck had stalled in the northbound lane of traffic. The man was beneath the truck’s hood at the time that another vehicle struck his truck from behind.
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<p>
<span style="display: initial;">
The 60-year-old driver of the other vehicle, a 2010 Toyota, slammed into the rear of the pedestrian’s pickup truck. The truck was forced forward and hit the pedestrian with sufficient force to seriously injure him. Emergency personnel transported the 26-year-old man to a nearby hospital. The 60-year-old man suffered more minor injuries in the collision, but was also taken to the same hospital in order to receive medical treatment.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Immediate reports did not indicate exactly why the 60-year-old man’s vehicle rear-ended the other man’s truck. In pedestrian accidents like this one, Missouri law often provides victims the opportunity to seek compensation for their damages in a personal injury lawsuit. Victims must present evidence at a civil trial that demonstrates that the negligence of another person either caused or contributed to the collision which caused them injuries. While there is no word on whether that will happen in this specific case, it does remain a possibility.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: Boonville Daily News, “
</span>
<a href="http://www.boonvilledailynews.com/article/20121126/NEWS/121129419" target="_blank" style="display: initial;">
Truck strikes pedestrian in serious accident
</a>
<span style="display: initial;">
,” Nov. 26, 2012
</span>
</p>
</div>It's over: Danica Patrick waves the checkered flag on marriage2012-11-28T05:42:59Z2012-11-28T05:42:59Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
NASCAR driver Danica Patrick announced to her fans on Facebook that she and her husband are splitting up. The divorce comes after seven years of marriage to her husband, a physical therapist. In making the Facebook announcement, Patrick reassured her fan base that she and her husband would remain friends and that there was no animosity between them as a result of the split.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Patrick has garnered national attention for becoming the highest finishing female driver in NASCAR history, ending her season in 10th place. She was also the highest-finishing woman at the Indianapolis 500, with a third-place finish. She began racing at 10 years old and has attracted attention for her racing performance all over the world.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Her decision to announce her divorce via Facebook may be a reflection of the relationship that now exists between high-profile people and their fan bases. Through social media, fans can now follow their favorite celebrities directly, getting up-to-the-minute information on the stars’ activities, including their marital breakups.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
However, even for celebrities, some divorce realities are no different than they are for everyone else. Anyone contemplating a divorce, especially if he or she has significant assets, can consult a divorce attorney before making any statements or agreements. It is important for both spouses to have adequate representation to protect their interests and ensure that they are treated fairly in the divorce process. A divorce attorney can work to protect a client from abuse or manipulation at the hands of a spouse or other attorneys.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Associated Press, “
</span>
<a href="http://www.washingtontimes.com/news/2012/nov/20/danica-patrick-divorcing-husband-after-7-years/" target="_blank" style="display: initial;">
Danica Patrick divorcing husband after 7 years
</a>
<span style="display: initial;">
,” Jenna Fryer, Nov. 20, 2012
</span>
</p>
</div>Man accused of drunk driving by Missouri authorities2012-11-27T05:43:00Z2012-11-27T05:43:00Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
According to a report released by authorities, a Missouri man was recently arrested for drunk driving after authorities found him passed out in his vehicle. That vehicle was purportedly stopped in the middle of a roadway at the time that deputies arrived upon the scene. According to them, the driver suspected of
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
drunk driving
</a>
<span style="display: initial;">
<span style="display: initial;">
had passed out with his foot on the vehicle’s brake and with the car still in gear.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Deputies attempted to rouse the suspected drunk driver but were unable to wake him. They proceeded to use a lock-out tool in order to enter his vehicle. At that point, they allegedly found multiple open containers of alcoholic beverages along with more than one loaded firearm.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Authorities investigated further and then arrested the 25-year-old man. He would not consent to voluntary blood testing, so police had to obtain a search warrant in order to test his blood for alcohol content. They arrested the suspect and booked him on allegations of DWI as a prior offender. He may face additional charges at a future time.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While it may be easy to jump to conclusions in drunk driving cases where a defendant has been convicted of such charges in the past, people are considered innocent until proven guilty in each individual case. Authorities must now present sufficient evidence in a Missouri court of law in order to convict the man of drunk driving. Failure to meet their high burden of proof may lead to the man being cleared of the criminal allegations he faces.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KY3 News, “Drunken driver passed out in road with foot on brake,” Nov. 20, 2012
</span>
</p>
</div>Missouri couple facing fraud charges in two separate cases2012-11-23T05:43:01Z2012-11-23T05:43:01Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Missouri motorcycle accidents can be difficult for crash victims and their families to deal with. In worst-case scenarios, families can be left mourning a victim’s loss while surviving victims may face significant recovery times and medical bills due to their injuries. A recent
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accident
</a>
<span style="display: initial;">
<span style="display: initial;">
has claimed the life of one man and sent another to the hospital with moderate injuries. The motorcycle accident happened just before 8:30 p.m. on a Sunday evening.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to authorities, the fatal motorcycle accident occurred when one man was traveling south along a roadway. He apparently passed a second motorcycle and then, for some reason which isn’t immediately clear, slammed on his brakes. Officials indicate that after that unexpected application of his brakes, the other motorcyclist was not able to stop in time to avoid rear-ending him.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The impact of that rear-end crash was actually so forceful that both motorcycles were flung onto the side of the roadway. Each of the drivers was also ejected as a result of the collision. The driver of the first motorcycle was taken to one area hospital but was unfortunately pronounced dead the next day. The second motorcycle’s operator was taken to another area hospital but his injuries were fortunately not life-threatening.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In serious motorcycle accidents like this one, surviving victims may be able to file personal injury lawsuits against the estate of a slain driver. In order to do so, evidence must demonstrate that the other driver was at fault in the collision. While it’s not immediately clear if that will be the case in this particular crash, it could be a possibility in the future.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Ozarksfirst.com, “Update: Kimberling City Man Dies from Injuries in Motorcycle Crash,” Nov. 5, 2012
</span>
</p>
</div>Motorcycle accidents can prove fatal for some Missouri residents2012-11-21T05:43:03Z2012-11-21T05:43:03Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Missouri motorcycle accidents can be difficult for crash victims and their families to deal with. In worst-case scenarios, families can be left mourning a victim’s loss while surviving victims may face significant recovery times and medical bills due to their injuries. A recent
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accident
</a>
<span style="display: initial;">
<span style="display: initial;">
has claimed the life of one man and sent another to the hospital with moderate injuries. The motorcycle accident happened just before 8:30 p.m. on a Sunday evening.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to authorities, the fatal motorcycle accident occurred when one man was traveling south along a roadway. He apparently passed a second motorcycle and then, for some reason which isn’t immediately clear, slammed on his brakes. Officials indicate that after that unexpected application of his brakes, the other motorcyclist was not able to stop in time to avoid rear-ending him.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The impact of that rear-end crash was actually so forceful that both motorcycles were flung onto the side of the roadway. Each of the drivers was also ejected as a result of the collision. The driver of the first motorcycle was taken to one area hospital but was unfortunately pronounced dead the next day. The second motorcycle’s operator was taken to another area hospital but his injuries were fortunately not life-threatening.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In serious motorcycle accidents like this one, surviving victims may be able to file personal injury lawsuits against the estate of a slain driver. In order to do so, evidence must demonstrate that the other driver was at fault in the collision. While it’s not immediately clear if that will be the case in this particular crash, it could be a possibility in the future.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Ozarksfirst.com, “Update: Kimberling City Man Dies from Injuries in Motorcycle Crash,” Nov. 5, 2012
</span>
</p>
</div>First Thanksgiving and Christmas after a divorce can be trying2012-11-20T05:43:04Z2012-11-20T05:43:04Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
People get divorced all through the year in Missouri and around the country. However, at some point, a divorced person will go through several “firsts” on their own, some more monumental than others: first birthday as a newly single person, first bill paid from an individual bank account, and any number of occurrences running the gamut from the mundane to the heart-wrenching. Of course, one of the big ones is the first holiday season after a divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Even if the divorce took place several months ago — or even years ago — and the intense squabbling over child custody, property division or alimony is long gone, seeing happy families posing with Santa at the mall or opening presents together in a TV commercial can bring up a wide range of emotions. This is certainly understandable and entirely normal. The trick is to handle these emotions effectively and not let them overtake you.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Many people find comfort in the advice and company of friends and family in times of crisis. However, making sure you have the right person to lean on can make a world of difference. Someone who tries to push you into things you aren’t ready to do or is too negative about the situation can actually make things worse for you.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
One way to address the situation in advance is to draw up a list of your holiday traditions and preparations, knowing that they will not be the same this year. Choose the ones that make you feel comfortable. A holiday party at someone’s house might have been a welcome diversion in the past, but depending on who will be there, it could dredge up unpleasantness. If there are traditions or gatherings that no longer make sense to participate in, there are likely others that could become new traditions.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Columbia Daily Tribune, “Facing the holidays after a separation or divorce,” Kathy Leonard, Nov. 16, 2012
</span>
</p>
</div>Man arrested for Missouri rape 13 years after incident occurred2012-11-14T05:43:06Z2012-11-14T05:43:06Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Police investigation techniques are getting more sophisticated every year. As a result of these advances, Missouri police are able to investigate crimes that have been unsolved for a significant period of time. Sometimes, the reopened case leads to the apprehension of a suspect. A man is now facing prosecution for a
</span>
</span>
<a href="/criminal-defense/sexual-offenses" style="display: initial;">
rape
</a>
<span style="display: initial;">
<span style="display: initial;">
at the University of Missouri campus that is alleged to have occurred in 1999.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Police have stated that the rape occurred when the 47-year-old man entered an unlocked dorm room in the early morning hours. Several days later, police released a description of the alleged assailant. Police say that they recently got a substantial lead in the case, which led them to arrest the man.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Police have not released any further information on this lead, as they state that the case is still under active investigation. The man was taken into custody and was being held in jail at last report for lack of a $300,000 bond. A court date for the man has not been disclosed at this time.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Although an arrest has been made in this rape case, Missouri police and prosecutors may have a difficult time proving that this man was the one responsible for carrying out the criminal act alleged. Looking at the evidence gathered at the time that the crime was alleged to have been committed, along with the new evidence that police say links the defendant to the crime, may reveal some inconsistencies that could well raise reasonable doubt as to the man’s culpability. These questions may pose a substantial hurdle for the prosecution and could result in there not being enough credible evidence to secure a conviction.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: The Columbia Daily Tribune, “MU police make arrest in 1999 rape case,” Nov. 8, 2012
</span>
</p>
</div>Columbia auto accident: Mom hit, driver flees in front of kids2012-11-14T05:43:05Z2012-11-14T05:43:05Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
An elderly white female is being sought in connection with a hit and run accident in Columbia. The pedestrian versus
</span>
</span>
<a href="/Personal-Injury/Traffic-Accidents" style="display: initial;">
auto accident
</a>
<span style="display: initial;">
<span style="display: initial;">
occurred on a recent weekday evening on Garth Avenue. The victim, a mother of three and University of Missouri associate professor, was just getting her three boys into her car when the collision occurred. The boys, who were unhurt, are ages 4, 7 and 9.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The older boys are credited with having the presence of mind to get their brother out of his car seat. They saw the elderly driver exit her vehicle and actually toss aside the door of their mother’s car from the front of her own vehicle before fleeing the scene. The boys went for help. The woman that police are searching for is said to have traveled north on Garth, where she struck the mother. The auto she was driving was described as beige or tan and apparently had four doors.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The victim’s husband, who happens to be the Assistant Superintendent of the Columbia Public Schools, described the incident as an act of cowardice, particularly due to the fact that the driver did it right in front of the three boys. The mother was taken to University Hospital. Though she was reported to be in stable condition, she suffered multiple rib fractures and a fractured pelvis.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Fortunately, the mother’s injuries do not appear life threatening, though she will need surgery and perhaps an extended recovery time. The family has already communicated with Columbia police concerning the auto accident, and authorities are reportedly continuing their investigation and likely focusing on locating the driver who fled the scene. Should the mother choose to do so, she has the right under our state law to press forward with a personal injury lawsuit against the woman, once she is located. Police are often able to locate a hit and run driver, and in an auto accident such as this, the driver may well have to answer to both criminal charges and civil claims for the damage she is said to have caused.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: The Columbia Daily Tribune, “Professor recovering after hit-and-run,” Catherine Martin, Nov. 6, 2012
</span>
</p>
</div>Taxpayers are owed over $50 billion for unpaid child support2012-11-13T05:43:08Z2012-11-13T05:43:08Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
According to the National Women’s Law Center, taxpayers have paid more than $53 billion for children who should be receiving child support from a non-custodial parent. This amount is credited to the fact that many single parents are receiving public assistance to pay for necessities for their children and the government is not collecting the money owed from the non-custodial parent.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
When a standing child support order is in place, that assistance becomes repayable to the government, almost as if assistance programs are lenders to the parents who are not paying support regularly. However, the extreme balances owed show that the government is, in many cases, unable to collect on these “loans” from the parent ordered to pay support.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Many non-custodial parents do not have the option of simply doing without these payments. According to the U. S. Census Bureau, more than 62 percent of the income of a custodial parent whose earnings are below poverty level comes from child support. If a single parent does not receive this support, financial assistance from the government may be crucial to allow the parent to provide for the children.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A parent may consult with an attorney before agreeing to a settlement regarding child support. This consultation is even more crucial when the parent seeking child support has a relatively low income. Parents in this position need all options at their disposal so that they have the best chance possible of collecting child support from a non-custodial parent
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: CNN Money, “
</span>
<a href="http://money.cnn.com/2012/11/05/news/economy/unpaid-child-support/index.html" target="_blank" style="display: initial;">
Deadbeat parents cost taxpayers $53 billion
</a>
<span style="display: initial;">
,” Steve Hargreaves, Nov. 5, 2012
</span>
</p>
</div>Trucker sentenced for Missouri fatal car accident that killed 22012-11-09T05:43:09Z2012-11-09T05:43:09Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
When Missouri drivers take to the streets and highways, they assume a duty of reasonable care toward others on the roads and sidewalks around them. For commercial truckers, this duty extends toward properly securing the loads that they transport. Recently, one truck who failed to do just that was convicted of criminal charges stemming from a
</span>
</span>
<a href="/Personal-Injury/Wrongful-Death" style="display: initial;">
fatal car accident
</a>
<span style="display: initial;">
<span style="display: initial;">
that claimed the lives of an 86-year-old woman and her 63-year-old daughter.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The tragic accident took place when the trucker failed to appropriately secure the 42,000-pound bulldozer that he was carrying on his trailer. As the man was driving along Highway D, the bulldozer flew off of the trailer on a curve. The bulldozer ultimately slammed into a vehicle being driven by the 63-year-old woman. She and her mother survived the initial crash, but the daughter died from her injuries just over a month later, and the mother died nine months after the accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Both women were cooks at an elementary school, and their family has felt their double loss particularly hard. The younger woman’s daughter spoke at the convicted trucker’s sentencing hearing. She talked about how her father had to enter an assisted living facility because his wife was no longer there to help care for him.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The truck driver was sentenced to eight years in prison due to the fatal car accident. The man and his company also recently settled a wrongful death lawsuit brought against them by the women’s family for $345,000. While a financial settlement can’t bring back the women who lost their lives, it can at least help cover expenses and damages associated with their deaths. Further, it might help act as incentive for Missouri truck drivers and their companies to be sure to follow regulations when it comes to properly securing dangerously heavy loads when transporting them.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: St. Louis Post-Dispatch, “
</span>
<a href="http://www.stltoday.com/news/local/crime-and-courts/marthasville-trucker-gets-years-for-bulldozer-crash-deaths/article_68878b20-0d1c-5076-aeca-c254453982d7.html" target="_blank" style="display: initial;">
Marthasville trucker gets 8 years for bulldozer crash deaths
</a>
<span style="display: initial;">
” Susan Weich, Oct. 31, 2012
</span>
</p>
</div>Man facing Missouri burglary and assault charges2012-11-08T05:43:11Z2012-11-08T05:43:11Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Missouri authorities have accused a 19-year-old man of burglary and assault charges arising from an alleged home burglary that was interrupted by the homeowner. That homeowner purportedly chased the accused burglar out of his home but was injured in a scuffle with the man at the front door. At that point, the man suspected of burglary and
</span>
</span>
<a href="/criminal-defense" style="display: initial;">
assault
</a>
<span style="display: initial;">
<span style="display: initial;">
fled into the woods near the home.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
County sheriff’s deputies responded to the call reporting the incident. One went to interview the homeowner while other officers started canvassing the area in attempt to locate the suspect. The deputies were apparently able to obtain a detailed description of what the suspected burglar was wearing and passed that information among themselves.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Not too long after, one deputy believed that a car he saw passing had an occupant who resembled the description of the suspect. He stopped the car and police officials eventually decided they had enough probable cause to first detain the suspect, and later arrest him. Authorities have charged the suspect with a count of felony burglary in the first degree and a misdemeanor count of assault in the third degree.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The burglary and assault suspect remained incarcerated pending a $110,000 bail. The misdemeanor and felony charges he faces could lead to serious penalties, which make it important that he mount a valid and relevant legal defense. One way in which to accomplish that might be to consult with a Missouri attorney who is experienced in representing criminal defendants. Regardless of what decision this defendant makes, community members should keep in mind that he is innocent until–and only if–proven guilty by competent evidence presented by prosecutors.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: Macon Chronicle-Herald, “Dixon man charged with burglary, assault,” Oct. 31, 2012
</span>
</p>
</div>Father failing to pay child support for 14 children2012-11-08T05:43:10Z2012-11-08T05:43:10Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A common occurrence in many child support situations occurs when the obligated parent fails to pay what is due. Case in point: A man has been cited with contempt charges stemming from his failure to pay child support for 14 children totaling over $80,000. A district judge ordered the defendant to pay $500 per month and $800 in back support by December 1 or face 180 days for each of 11 counts of failure to pay support.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The man was arrested but released to give him a chance to meet the judge’s orders to pay. If he fails to pay the money by the deadline, he will be taken to jail to serve out his sentence.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Judges nationwide sometimes choose to hold parents in contempt when they fail to pay child support because support payments are orders or directives of the court. Any violation of a court order is grounds for a contempt charge. In most cases, judges try to allow parents to return to work so that they can pay, but in extreme cases judges may incarcerate parents who have shown that they do not have any intention of abiding by the court order.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Parents who are divorcing must consider child custody and support as part of their ultimate divorce settlement. In some cases, parents cannot agree on these issues and a judge must make these decisions for them. Whether a judge sets the amount of child support or the parents agree upon the amount, the parents are required to abide by the ultimate court order that sets both the visitation schedule and the child support payment schedule. A divorce attorney can help parents understand the advantages and disadvantages of certain courses of action and decisions that will ultimately affect the circumstances under which they live after the divorce is finalized.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Associated Press, “Neb. man owes back child support for 14 kids,” Oct. 25, 2012
</span>
</p>
</div>25 charged in Missouri firearm, drug trafficking case2012-11-02T05:43:12Z2012-11-02T05:43:12Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Missouri authorities have arrested over two dozen people and accused them of committing drug and firearms crimes. The arrests apparently mark the culmination of a two-year firearm and
</span>
</span>
<a href="/criminal-defense/drug-crimes" style="display: initial;">
drug trafficking
</a>
<span style="display: initial;">
<span style="display: initial;">
investigation carried out by government officials. A federal grand jury has reportedly chosen to indict 25 individuals in a total of six criminal cases. Now, the accused individuals will likely need to prepare their criminal defenses in an effort to clear their names.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Investigators allege that they uncovered extensive drug and weapons trafficking in the small Missouri town of St. Joseph. Apparently, authorities first began investigating once an uptick in violent crimes hit the area. Over 100 different law enforcement agencies took part in the apparently intricate operation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Police officials arrested a group of individuals across a wide variety of ages, ranging from as young as 19 to as old as 55. One area resident expressed concern that such criminal activities could have been taking place in her neighborhood. Community members should keep in mind, however, that just because people are accused of a crime doesn’t mean they actually committed it.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Those who are accused of drug trafficking could face a tough courtroom battle to vindicate their names and reputations. Having an experienced criminal attorney guide them through the process could be a crucial component of their defense. Penalties for conviction of drug crimes are often stiff, and defendants in such cases should be sure that they understand the charges against them as they prepare to fight those allegations.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: KCTV5, “Nearly 2 dozen St. Joe residents arrested for drug, firearm trafficking,” Laura McCallister, Chris Oberholtz and Dave Jordan, Oct. 24, 2012
</span>
</p>
</div>Parents find child custody fights the toughest part of divorce2012-11-01T05:43:13Z2012-11-01T05:43:13Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
In most divorce actions, child custody disputes are likely to be the most bitter and divisive aspects of the entire proceeding. Divorce attorneys must ensure that clients are aware of the pitfalls of engaging in bitter custody battles and to educate them in the real meaning of the terms used in these proceedings to avoid unpleasant misunderstandings.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Child custody itself is a misunderstood term, for there are two aspects to custody: physical and decision-based. A parent who does not have physical custody may still have the right to be involved in decision-making, and can specify that certain decisions — such as medical care — be shared by both parents. Physical custody, which is the aspect that most parents think of when considering custody, simply indicates that a parent has physical control of the child at any given time.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Judges generally prefer that parents work out custody issues themselves. Unless there is a very good reason to deny one parent physical custody, judges are usually accepting of most agreements to split time with the children, including 50/50 splits if the parents both live in the same area and the child’s school schedule will not be disrupted. “Joint custody” and “sole custody” are often misused in this context. Joint custody refers to the fact that both parents have decision-making rights, while sole custody means that only one parent does, regardless of which parent the child is with at the time.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Some parents are working out novel custody arrangements, such as those in which one parent makes educational decisions while another makes religious or medical decisions. The more parents can work with a divorce attorney to craft an acceptable child-custody arrangement, the less the impact on the children of the overall divorce action.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/eyal-talassazan/custody-and-its-different_b_1954993.html" target="_blank" style="display: initial;">
Custody And Its Different Components
</a>
<span style="display: initial;">
,” Eyal Talassazan, Oct. 16, 2012
</span>
</p>
</div>Some fatal Missouri truck accidents impossible to predict2012-10-31T05:43:15Z2012-10-31T05:43:15Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
In what appears to be a freak accident, a diner patron who always sat in the same booth has lost his life after a tractor-trailer plowed into the restaurant.
</span>
</span>
<a href="/Personal-Injury/Traffic-Accidents" style="display: initial;">
Truck accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
like this one may be impossible to predict, but what seems certain is that a family is now left behind to mourn the loss of their loved one. The man’s son, who works for a Missouri city’s police department, said that he immediately knew that his dad had been injured when he heard about the accident.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
He stated his feeling came from the fact that he knew where his father always chose to sit in the diner, as well as where the truck struck the restaurant. While he was off duty at the time of the crash, another person contacted him with the concern that he might have been working the accident which fatally wounded his father. Once the son went to the scene and saw the accident, he became sure that his father was inside the wreckage. He said that it doesn’t yet seem real to him that his father is actually gone.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Three other Missouri residents were also injured in the horrific collision. Initial reports indicated that it occurred when a car took off from a stop sign and veered directly into the path of a semi. That truck attempted to avoid a collision with the car, only to plow into the restaurant instead. That decision to evade the car ultimately claimed the life of one man and critically injured another. A third man and one woman were less seriously injured.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In serious truck accidents like this one, survivors may be able to file civil personal injury lawsuits against others in the event that evidence indicates they acted in a negligent manner that caused or contributed to the truck accident. Surviving family members of slain victims may be able to file wrongful death actions in a similar fashion. While such lawsuits cannot make up for a person’s death, a successful result can provide for family members who may be suffering financial losses right along with their emotional grief.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: KansasCity.com, “Victim of Missouri diner crash always sat in the same booth,” Oct. 20, 2012
</span>
</p>
</div>Missouri man faces white collar crime charges of felony fraud2012-10-25T05:43:17Z2012-10-25T05:43:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
While white collar crimes can often seem less serious in nature than violent actions such as assault or rape, the truth is that allegations of theft or fraud can also lead to significant jail time if a conviction is ultimately obtained. One former Missouri mayor has been charged with felony
</span>
</span>
<a href="/criminal-defense/stealing" style="display: initial;">
fraud
</a>
<span style="display: initial;">
<span style="display: initial;">
stemming from the man’s alleged use of city funds and credit for personal items. He is now facing prosecution for four felony counts of fraud and resigned his post as mayor in July.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
According to authorities, the man charged some personal expenses on a credit card that was meant strictly for city use. Their investigation allegedly revealed that the former mayor used that card to charge items such as home appliances and entertaining himself at an area strip club. The man, on the other hand, maintains that the entire situation is just a misunderstanding.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
He asserts that he carries a personal credit card that is physically very similar to the city credit card, and he apparently believed that he was using his own personal card to make those controversial charges. A conviction on these felony fraud counts could net the man up to 16 years in prison. His criminal trial will now play out in a St. Louis County courtroom. Considering the serious nature of both the accusations and the potential penalties the man faces, it would likely behoove him to prepare a valid and meaningful defense against these charges.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On the other hand, Missouri residents who are familiar with this fraud case should keep in mind that all defendants are deemed innocent until and only if they are proven guilty. Not every person who is accused of a crime is actually guilty of the accusations they face. Prosecutors have a significant burden of proof to meet, and failing to do so means that an accused individual will be judged not guilty of the charges leveled against them.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: ksdk.com, “Ousted Valley Park Mayor Nathan Grellner set for fraud charge hearing,” Oct. 18, 2012
</span>
</p>
</div>Man killed in recent Missouri motorcycle accident2012-10-25T05:43:16Z2012-10-25T05:43:16Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Motorcycle accidents are often by their very nature extremely dangerous for the simple reason that motorcyclists and their passengers are not enclosed like the occupants of other motor vehicles. In collisions with vehicles like cars and trucks, motorcyclists are often seriously
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
injured while operating a motorcycle
</a>
<span style="display: initial;">
. A man recently lost his life in one such Missouri motorcycle accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Details on this particular crash remain sketchy at this time. Initial reports indicate that the motorcycle collided with a car just after 3:00 a.m. Preliminary evidence suggested that the motorcycle may have slammed into the car’s front passenger side. However, there has not yet been any determination as to which driver might have been at fault.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The motorcycle and car were apparently traveling near the intersection of Hazelwood and Latty Avenues in north St. Louis County at the time of the fatal motorcycle accident. The force of the crash threw the motorcyclist away from his bike and seriously injured him. While emergency personnel did transport him for medical treatment, he unfortunately succumbed to his injuries a short time later.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
There has been no word on whether the other driver was hurt. Missouri authorities will likely continue investigating the incident while they decide whether any criminal charges are appropriate.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In the meantime, however, surviving family members may decide to go ahead with a wrongful death lawsuit if evidence suggests that another driver’s negligence caused or contributed to this collision. Filing such a civil action may bring them peace of mind as they seek reasons for their loved one’s demise and try to recover any funeral or other expenses caused by this man’s death
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: ksdk.com, “Hazelwood intersection closed after deadly crash,” Dave Keiser, Oct. 17, 2012
</span>
</p>
</div>Motorcycle AccidentsColumbia father gets jail time for taking son from school2012-10-24T05:43:18Z2012-10-24T05:43:18Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A Columbia, Missouri, man who ran from police after illegally taking his son from school in February 2011 was sentenced recently to six months in the Boone County Jail for interference of child custody. The charges stemmed from an incident that began when the man picked up his child from elementary school despite a court order forbidding him from having unsupervised contact with his son. The father had not sought permission from the mother before taking the child.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The father and son were eventually found at a residence in Saline County, Missouri, where police discovered the boy in good health. However, the father fled, leaving the boy behind, and was arrested by police at a later time.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Child custody is often an emotional issue that can lead to bizarre or even criminal behavior on the part of one or both parents. Laws regarding custody exist to protect the children in these cases and prohibit either parent from taking unfair advantage of a divorce situation by exploiting the children involved. Specifically, judges usually try to consider what is in the best interests of the children in terms of visitation with both parents before making any visitation rulings.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In some cases, judges feel that one or both parents are not capable of taking care of children or could cause them damage; in those instances, judges will sometimes order supervised visitation, which means that someone else must be present when the parent and child or children are together. An experienced family law attorney can help solidify these arrangements.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Columbia Daily Tribune, “Dad who took son from school jailed,” Oct. 12, 2012
</span>
</p>
</div>Missouri man charged with possessing child pornography2012-10-18T05:43:19Z2012-10-18T05:43:19Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Being charged with Internet sex crimes like child pornography can have a devastating impact on a Missouri resident’s life. One Missouri man is learning this firsthand after authorities recently indicted the man on
</span>
</span>
<a href="/criminal-defense/internet-sex-crimes" style="display: initial;">
child pornography
</a>
<span style="display: initial;">
<span style="display: initial;">
charges. He is now facing two felony counts related to allegedly possessing child pornography.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A federal grand jury returned an indictment on the child porn possession charges only recently, but the incidents of claimed possession were said to have occurred in 2010. The 50-year-old man was arrested on these federal charges in the wake of an investigation involving several law enforcement agencies. Franklin County officials were said to have cooperated with the Federal Bureau of Investigation officials and the U.S. Attorney’s Office investigating the allegations.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
If convicted, the man in this case could be sentenced to as many as 10 years in prison and $250,000 in financial penalties for each count. Considering that there are two felony charges against him, the man faces up to 20 years in prison and as much as $500,000 in fines. With that being said, this man is entitled to mount a relevant legal defense against these serious charges.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The burden of proof will fortunately rest entirely upon the federal prosecutors in this case. This Missouri man is to be considered innocent until and only if authorities can actually prove him guilty of the child pornography charges they accuse him of committing. Should they fail to do so, no conviction can be achieved. Nevertheless, the potential severity of the consequences should a conviction be obtained mandates that the accused man focus his attention on preparing a meaningful and relevant defense that protects his legal rights and fights for the best possible result.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Sullivan Journal, “Sullivan man charged in child porn case,” Oct. 10, 2012
</span>
</p>
</div>Missouri car accident injures 1 seriously, 1 moderately2012-10-17T05:43:21Z2012-10-17T05:43:21Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Missouri drivers should keep in mind that they owe a duty of reasonable care to other drivers and pedestrians each time that they get behind the wheel of a vehicle. Sometimes, when drivers fail in that duty of care, the result can be a damaging
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
car accident
</a>
<span style="display: initial;">
. A recent car accident left two people injured, one of them seriously.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This particular motor vehicle accident took place where Missouri 47 meets Route EE. A 67-year-old man driving a Buick failed to obey a stop sign and pulled out into the path of another vehicle. The second vehicle smashed into the driver side of the Buick before rolling over several times.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Once that vehicle came to a stop, it was laying off of the actual roadway. Emergency personnel transported the Buick’s driver via air to an area hospital for treatment of his injuries. At last report, the man remained in serious condition. The driver of the second vehicle was also transported for medical treatment, although his wounds were listed as being moderate in nature.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Initial reports do not indicate what factors Missouri authorities may believe played a role in this car accident. What does seem clear is that two people have been seriously injured as a result. In some situations like this, one or more accident victim discovers that they may have the right to file a personal injury lawsuit against a potentially negligent driver. This course of action can sometimes result in an accident victim receiving financial restitution for the damages that they have suffered in a car crash.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: Hannibal Courier-Post, “Two hurt in Lincoln Co. crash,” Oct. 10, 2012
</span>
</p>
</div>Football coach manages to keep high-asset divorce low-profile2012-10-17T05:43:20Z2012-10-17T05:43:20Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Missouri football coach Gary Pinkel filed in Boone County Circuit Court for a divorce from his wife after nearly 40 years of marriage. Pinkel and his wife met at Kent State and married in 1973 just before his senior year of college. The Pinkels have three grown children but no minor children. The reason for the divorce has not been released. The couple separated in April 2012 but did not file for divorce until last week.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Divorces are always stressful, and when one member of the couple is involved in a high-profile job such as a college football coach, media attention can increase the stress of the process. Divorce attorneys who handle high-profile or high-asset divorce cases are well aware that there are unique challenges presented in a divorce of this type.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
If a prenuptial agreement is in place, that can affect distribution of assets as well. In this particular case, because Pinkel married while in college nearly 40 years ago, it would seem unlikely that the pair would have considered the possibility that he would become a highly paid major college football coach in the decades to come.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In any divorce case, a divorce attorney assists the partners in deciding how to settle questions of disposition of property, including homes, businesses, income, insurance, retirement accounts, and intangible assets such as business goodwill or copyrights. In a high-profile or high-asset divorce case, these questions may be more complex, but they also offer unique opportunities for lawyers to use creative legal strategies to assist divorcing couples in coming to terms with their new life situations and making fair dispositions of their assets.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Columbia Daily Tribune, “Pinkel’s divorce filed in county court,” Oct. 4, 2012
</span>
</p>
</div>11-year-old Missouri girl injured in recent pedestrian accident2012-10-11T05:43:24Z2012-10-11T05:43:24Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Many parents fear the potential dangers that their children face every time they climb into a vehicle. Sometimes, however, children are put at just as much risk by simply walking down the street. Police in one Missouri community know just how dangerous
</span>
</span>
<a href="/personal-injury/pedestrian-accidents" style="display: initial;">
pedestrian accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
can be in the wake of a hit-and-run collision, which left an 11-year-old girl with injuries.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Authorities are now appealing to the public for more information about the hit-and-run accident. According to them, the little girl was walking near a Dollar General store when a white car apparently hit her.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A police officer says it appeared that a teenage girl had been driving the white car at the time that the accident took place. She may also have had a teenage boy as a passenger. He asks that anyone with information relating to the accident contact authorities.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While reports indicate that the girl’s mother transported her to the Hospital for treatment, there is no immediate word on her condition.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Unfortunately, the young girl’s family will likely face medical bills associated with her treatment for the injuries sustained in the accident. However, Missouri personal injury law provides victims of pedestrian accidents, like this one, the chance to claim reimbursement for their medical and other related expenses in civil court. If negligence on the part of another party is established, any monetary award that results can help take financial stress off the young girl’s parents as they focus on helping their child fully recover.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Missouri residents who are injured as a result of another person’s reckless behavior may find it helpful to consult with an experienced personal injury attorney.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Source: The Kearney Courier, “
</span>
<a href="http://www.kearneycourier.com/news/article_7895a69d-1244-5f74-8e17-b90a12056580.html?TNNoMobile" target="_blank" style="display: initial;">
Kearney police seek witnesses on hit-and-run injuring 11-year-old pedestrian
</a>
<span style="display: initial;">
,” Kevin M. Smith, Oct. 3, 2012
</span>
</p>
</div>U.S. Supreme Court to hear forcible drunk driving testing case2012-10-10T05:43:26Z2012-10-10T05:43:26Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
The nation’s highest court recently agreed to consider whether police officers who obtain forced blood tests without benefit of search warrants are violating the constitutional rights of such forcibly-tested drivers. The U.S. Supreme Court’s decision to hear this case stems from prosecutors appealing the Missouri Supreme Court’s ruling that police officers must normally get a search warrant before conducting blood-alcohol tests. This case could have significant ramifications upon those Missourians who find themselves accused of
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
drunk driving
</a>
<span style="display: initial;">
.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
As many people who face such accusations know, not every person who is criminally charged has committed the crimes they are accused of committing. The specific case which the U.S. Supreme Court will consider relates to a man who was accused of drunk driving and refused to submit to a blood test. Despite that man’s refusal to consent, Missouri authorities drove him to a lab and forced him to submit blood for testing.
</span>
</p>
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<span style="display: initial;">
<br/>
</span>
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<span style="display: initial;">
His legal representatives argue that the Supreme Court should not allow people who are accused of drunk driving to have their constitutional rights categorically violated. They maintain that the requirement for police to obtain a search warrant to conduct invasive bodily searches should hold just the same for people suspected of drunk driving as for any other accused individual. The Missouri Supreme Court evidently agreed.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While it is not yet clear how this particular case will play out in front of the nation’s highest court, it does seem likely that it could have national ramifications. Missouri individuals who find themselves accused of drunk driving will be particularly affected. Constitutional law guarantees them the freedom from being unfairly searched without a search warrant. Those who do not consent to blood-alcohol testing but are forcibly tested anyway could benefit if the Supreme Court decides to uphold the Missouri court’s ruling in this case. Such a ruling would allow them to have such forcibly-obtained test results thrown out of court in their own cases.
</span>
</p>
<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
Source: Bloomberg Businessweek, “Forced Blood Test in Drunk Driving Case Gets Court Review,” Greg Stohr, Sept. 25, 2012
</span>
</p>
</div>Man facing Missouri extradition for child support non-payment2012-10-10T05:43:25Z2012-10-10T05:43:25Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A man who brought attention to himself over a controversial rental property is in jail in Des Moines County, Iowa, awaiting extradition to Missouri to face felony child support charges. He is accused of owing more than 12 months of payments and is in jail in lieu of bond, which is set at $20,000. He could face a year in prison if convicted of the charge.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The man was arrested when a routine traffic stop check revealed Missouri’s outstanding felony warrant. He has been convicted of drug charges in other states as well. He also drew attention to himself over the proposed purchase of an apartment building and his notification to the current tenants to vacate in 30 days, the minimum permitted by law. Now, the apartment issue is on hold until the child support issue is addressed.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This case underlines the fact that if child support issues are left unaddressed, they can continue to grow and become worse. Many people go to jail for unpaid child support, but often, jail time happens after the parent has been given several opportunities to catch up the payments. In fact, this defendant might receive probation only if he made arrangements to pay back the money.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Often, the courts would rather have a parent out of jail and working to pay back child support than to incarcerate the individual. That choice is usually a last resort for the courts and the parents who are trying to collect back payments. An attorney who handles divorce and child support issues can give sound advice on how to handle child support issues
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Hawk Eye, “Local landlord faces extradition to Missouri,” Michael Anderson, Sept. 27, 2012
</span>
</p>
</div>Man faces felony charges for failing to pay child support2012-10-05T05:43:27Z2012-10-05T05:43:27Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
We often hear news stories about violent felony crimes such as assault, battery or murder. Sometimes, however, Missouri authorities bring non-violent
</span>
</span>
<a href="/criminal-defense/felony-dwi" style="display: initial;">
felony charges
</a>
<span style="display: initial;">
<span style="display: initial;">
against individuals. One man is now facing extradition from another state to Missouri for allegations that he failed to pay child support. While such allegations may seem less serious in nature than violent crimes, the truth is that any felony allegation can lead to jail time or other significant penalties.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
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In this particular case, the man was being held in a county jail in another state based upon an outstanding warrant for his arrest. Missouri authorities have charged the man with failing to make child custody payments for more than 12 months, a felony under our state laws. The man reportedly voluntarily gave up his right to have an extradition warrant served in the case. A judge decided that he must remain county jail until he can actually be transported to Missouri.
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</p>
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<span style="display: initial;">
<br/>
</span>
</p>
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Once he does make it to Missouri, authorities have set a $20,000 bond requirement in this case. He could end up being sentenced to a year in jail if convicted. However, if it turns out that he does owe the back child support, an agreement to pay any outstanding balance may result in a different outcome.
</span>
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<p>
<span style="display: initial;">
<br/>
</span>
</p>
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<span style="display: initial;">
Whatever the potential penalties should a conviction actually be obtained, the man remains innocent in the eyes of the law for now. Only if authorities successfully prove the felony charges of non-payment of child support will they obtain a conviction in the case. They must do that by presenting clear evidence that meets the stringent burden of proof required in a Missouri court of law. If they can’t meet their high burden of proof, they will fail to make their criminal case against the man, and he will not be subjected to any criminal sanctions.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: The Hawk Eye, “Local landlord faces extradition to Missouri,” Michael Anderson, Sept. 27, 2012
</span>
</p>
</div>Missouri mother accused of child abduction waives extradition2012-10-03T05:43:28Z2012-10-03T05:43:28Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A three-year-old child custody issue was partially resolved this week when a mother who kidnapped her two sons agreed to waive extradition to Dent County, Missouri.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The 32-year-old mother took her sons, ages 7 and 10, in May 2009 and has been on the run since. The father of the boys, who resides in Salem, Missouri, was originally granted custody. He was to pick up the boys at the courthouse in when the mother was ordered to turn them over. However, she never arrived, and the boys’ father has been searching for more than three years for his sons.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The mother is charged with felony aggravated interference with parental custody and is currently being held on a $100,000 bond in Kansas. She was identified earlier this month and arrested along with her male companion who has already posted bond. The woman was living under an assumed name at the time of her arrest. She is also facing federal charges stemming from an incident in Wyoming.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Although child custody can be an emotional and difficult issue, a child custody attorney can help parents to come to a reasonable agreement on custody and child support before the situation deteriorates. All the same, in the absence of an agreement, parents must abide by court orders and go through proper channels to protect their rights and the rights of their children. A child custody attorney can help parents understand the law and make informed decisions about the best course of action to protect their children.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Salem News, “
</span>
<a href="http://www.thesalemnewsonline.com/news/local_news/article_49a4a1e4-01a6-11e2-90c9-001a4bcf6878.html" target="_blank" style="display: initial;">
Midyett signs waiver of extradition to Missouri
</a>
<span style="display: initial;">
,” Dwayne McClellan, Sept. 18, 2012
</span>
</p>
</div>Man loses life in Missouri truck accident; Alcohol involved?2012-10-02T05:43:30Z2012-10-02T05:43:30Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Many people often rush to the conclusion that truck accidents are automatically the fault of the truck drivers involved in such an incident. Sometimes, however, truck drivers fall prey to the negligent actions of others. One such Missouri commercial driver recently lost his life in a
</span>
</span>
<a href="/Personal-Injury/Traffic-Accidents" style="display: initial;">
truck accident
</a>
<span style="display: initial;">
, apparently through no fault of his own. Authorities believe that fog, early morning darkness and alcohol played a part in this fatal truck accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
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<span style="display: initial;">
Authorities reported that they believed a driver whose car was disabled on the highway was intoxicated. The driver of a box truck came upon the car in the fog and swerved to avoid it. His rig overturned onto the guardrail, although that truck’s driver did not suffer injury.
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</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Unfortunately, the driver of a tractor trailer which soon after came upon the accident was not so lucky. He also swerved to avoid the vehicle on the road but hit both the car and box truck. Authorities believed that the man died upon impact. They further said that the driver of the car was taken to a hospital for treatment and interviewed by police officials.
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<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
While the drivers of the car and box truck are fortunate to be alive, the family of the slain tractor trailer driver must now adjust to life without him. The fact that alcohol was apparently involved in the truck accident may serve as another blow to them. There are probably financial costs associated with their loved one’s death, from funeral costs to trying to get by without the truck driver’s salary. For that reason, the family retains the right under Missouri law to press forward with a wrongful death claim based on evidence of negligence that led to the tragic fatality. Evidence that the driver was intoxicated may help establish that the car driver was negligent in a manner that led to the death of the truck driver.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
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<span style="display: initial;">
Source: Eureka-Wildwood, MO Patch, “
</span>
<a href="http://eureka-wildwood.patch.com/articles/i-44-accident-at-six-flags-exit-has-road-blocked" target="_blank" style="display: initial;">
1 Dead in I-44 Accident Near Six Flags; Road Blocked
</a>
<span style="display: initial;">
,” Julie Brown Patton, Sept. 27, 2012
</span>
</p>
</div>Missouri residents face drug charges in separate raids2012-09-26T05:43:31Z2012-09-26T05:43:31Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Drug charges can greatly impact the lives of those who are accused of such criminal allegations. They can also lead to serious penalties if a conviction is obtained. Two Missouri residents are now facing
</span>
</span>
<a href="/criminal-defense/drug-crimes" style="display: initial;">
drug charges
</a>
<span style="display: initial;">
<span style="display: initial;">
after police executed two search warrants at their respective residences. Authorities allege that they confiscated illegal drugs including heroin, marijuana and crack cocaine in the searches.
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</span>
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<span style="display: initial;">
Police arrested a woman at one of the residences and a man at the other. The woman was accused of possession of a controlled substance and taken into custody. When police executed the search warrant at the other residence, a male apparently jumped out of a window before trying to escape from authorities.
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</p>
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<span style="display: initial;">
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</span>
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They captured the man after a brief pursuit. He was charged with suspicion of resisting arrest and possession of a controlled substance. Authorities say there is also an outstanding Illinois warrant against the man for another possession of a controlled substance allegation. Both the male and female suspects are being held in a Missouri jail and were awaiting further legal actions in their cases.
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</p>
<p>
<span style="display: initial;">
<br/>
</span>
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<p>
<span style="display: initial;">
Various Missouri law enforcement agencies worked together on this case before executing the search warrant and filing drug charges against the two suspects. Apparently an Illinois agency also participated. With that being said, however, both the man and woman are entitled to defend themselves against the charges made against them. The prosecution bears the burden of proof when it comes to proving the allegations brought against the two suspects. If it cannot meet that high burden of proof, then the two people will be cleared of any criminal wrongdoing stemming from this specific investigation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
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<span style="display: initial;">
Source: Quincy Herald-Whig, “
</span>
<a href="http://www.whig.com/story/19605670/two-arrested-on-drug-charges-in-hannibal" target="_blank" style="display: initial;">
Two arrested on drug charges in Hannibal
</a>
<span style="display: initial;">
,” Sept. 21, 2012
</span>
</p>
</div>Estranged wife battles drug charges, regains child visitation2012-09-25T05:43:32Z2012-09-25T05:43:32Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
After being accused of drug possession and child abuse charges, the estranged wife of California’s state treasurer has won back visitation rights to her 9-year-old son. The treasurer’s estranged spouse had allegedly been found in possession of methamphetamine in her home, where she was staying with her son.
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</p>
<p>
<br/>
</p>
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<span style="display: initial;">
An Orange County judge has directed that the woman be allowed to meet with her children the presence of the child’s father. The suspect has temporary rights to speak to the boy on the phone too. The modification will take effect until the court is satisfied with the suspect’s rehabilitation progress although it is not clear whether prosecutors are willing to push for child custody proceedings. For now, the boy will stay under his father’s legal custody, but it is not clear whether the father will be filing for divorce.
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</p>
<p>
<br/>
</p>
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<span style="display: initial;">
The woman’s prosecution began following a raid on her residence where the drugs are alleged to have been found. She pleaded not guilty on charges of drug possession, child neglect and endangerment by keeping harmful substance in the house where she was staying with her son.
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</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In situations where the court systems have modified existing laws to cater to people in trouble with the law for other reasons in cases of child custody, it is imperative to engage an attorney who is well versed with child custody modification. Due to the psychological ramifications of such matters, a speedy settlement is critical for the best interests of the child and other related parties.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Associated Press, “Calif. treasurer’s wife regains child visitation,” Sept. 10, 2012
</span>
</p>
</div>Father allegedly abducts kids, sails away on yacht2012-09-21T05:43:33Z2012-09-21T05:43:33Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Emotions run high in a child custody case, particularly when there are allegations of abuse or other maltreatment. Occasionally, this can lead to one parent taking matters into his or her own hands. Just such a case occurred recently in California when a man allegedly took his two children and absconded with them on a yacht.
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<p>
<span style="display: initial;">
<span>
</span>
</span>
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<span style="display: initial;">
A California man is accused of kidnapping his children, a three-year-old daughter and a two-year-old son, earlier this month. The man stated that the kidnapping was to protect them from living in an abusive environment with their mother. He allegedly took the children from their maternal grandmother’s house and used a stolen yacht to escape with them. He and the kids were on the yacht for three days.
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</p>
<p>
<br/>
</p>
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<span style="display: initial;">
He says he decided to put an end to the scheme when he sailed past the Golden Gate Bridge and he realized that he had not determined a destination for the escape. Authorities caught up with him; he was still sailing three days after the alleged abduction. Law enforcement officers towed him to shore. Despite the man’s claims, he has never filed a claim of abuse against the children’s mother in any court, and it is unclear from the report whether the couple was ever married.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While the children were missing, the mother was granted temporary sole custody of the children. The father greatly hurt his case for visitation by putting the children through this ordeal. He is currently awaiting trial on charges that include kidnapping, child endangerment and parental abduction.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Associated Press, “Calif. father accused of taking 2 kids speaks out,” Sept. 12, 2012
</span>
</p>
</div>Truck driver convicted in 2009 fatal accident2012-09-14T05:43:34Z2012-09-14T05:43:34Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Tractor-trailers can make Missouri drivers uneasy not only because of their size but also because of some of the cargo they carry. Seeing that a large piece of cargo is only held onto a truck by straps that other drivers hope are secure could make anyone nervous. Everyone sharing the road with an 18-wheeler depends on the driver to make sure their truck, their cargo, and their driving are safe. Avoiding a
</span>
</span>
<a href="https://www.lawmissouri.com/personal-injury/traffic-accidents/" target="_blank" style="display: initial;">
truck accident
</a>
<span style="display: initial;">
<span style="display: initial;">
should be the first priority of every semi driver on the road.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The consequences of a semi driver not being safe can be fatal. One Missouri truck driver has been convicted of involuntary manslaughter and driving with a suspended license for an accident that occurred in July 2009. The bulldozer he was hauling fell off of his tractor-trailer and landed on a car carrying two women.
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</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
According to authorities, the truck driver had not properly secured the bulldozer. The 63-year-old daughter and her 86-year-old mother ended up dying as a result of the accident. The daughter died 44 days after the crash, and her mother succumbed to her injuries approximately nine months after the crash.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Now that the truck driver has been convicted of involuntary manslaughter for their deaths, his conviction may be offered as evidence of his negligence in any wrongful death actions the family either have filed or intend to file. His conviction in this fatal truck accident may be used in such a manner because the burden of proof in a civil lawsuit is less than the burden of proof required for a criminal conviction. If negligence is established in a related civil proceeding, damages claimed to have been suffered as a result of the fatal truck accident would then be considered.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: SFGate, “Mo. truck driver convicted in double-fatal crash,” Sept. 1, 2012
</span>
</p>
</div>Missouri man charged with rape of 13-year-old girl2012-09-13T05:43:36Z2012-09-13T05:43:36Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Missouri law makes it a crime to have sex with another individual who is under the age of 14. It is a first degree felony, and the penalties for conviction are severe. The potential ramifications of even being accused of a crime like
</span>
</span>
<a href="/criminal-defense/sexual-offenses" style="display: initial;">
statutory rape
</a>
<span style="display: initial;">
<span style="display: initial;">
go far beyond any possible jail time. Anyone charged with this crime will likely carry the stigma of the accusation for life.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Acting on a tip, the Pulaski County Sheriff’s Office had an investigator from “Kids Harbor Too” interview a now 14-year-old girl regarding whether she had sexual intercourse with a 22-year-old man. The girl alleges that the 22-year-old man had sexual intercourse with her twice between May and July on a dirt road outside Crocker. The Sheriff’s Office asserts that a witness has confirmed parts of the girl’s story.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Police thereafter interviewed the 22-year-old Missouri man the young girl claims had sexual intercourse with her. The man was subsequently arrested on two counts of first degree statutory rape. The man was being held on $100,000.00 bond.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In the United States, everyone is innocent unless and until proven guilty in a court of law. Whether this man ends up being convicted of the charges against him will be up to either a judge or a jury of his peers. A crime such as statutory rape can often end up a game of “he said, she said” that plays out in a court of law. It is the prosecutor’s job to prove beyond a reasonable doubt that the accused actually committed a crime. In this case, since a witness can only confirm parts of the girl’s story, and we do not even know which part, reasonable doubt may well exist as to whether the man is guilty.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: kmov.com, “Pulaski County man charged with statutory rape of 13-year-old girl,” Kaitlin Riordan, Sep. 1, 2012
</span>
</p>
</div>Kelsey Grammer, ex-wife see marriage assets split evenly2012-09-12T05:43:37Z2012-09-12T05:43:37Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Celebrity couples, when they divorce, often fall into two camps: those who have prenuptial agreements and those who don’t. This is especially true when one member of the couple is famous (and, in general, wealthy) and the other is not. Two famous actors might each come out OK were they to divorce each other, but a famous actor and his or her relatively anonymous spouse might leave the spouse relatively shut out without some kind of premarital agreement in place.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
At first blush, this might seem to be the case with the high-asset divorce of Kelsey Grammar, star of such shows as “Cheers,” “Frasier” and “Boss,” and his former wife, Camille. While Camille Grammar has gone on to prominence by appearing on “The Real Housewives of Beverly Hills,” she was relatively unknown when the pair were married in 1996. Kelsey Grammar was in the midst of his 11-year run on “Frasier,” which made him one of the highest-paid actors on television.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
However, Kelsey Grammar’s financial state — and a drug problem for which he eventually sought rehab — left him with hardly any assets at the time of the marriage. Since then, however, the couple has accumulated assets of roughly $60 million, according to the recently filed divorce settlement. Because these assets were acquired after the wedding — some say steered by Camille Grammar’s financial acumen — the fortune will be split roughly evenly.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While the couple weren’t on particularly friendly terms during their split, both Kelsey and Camille Grammar have landed on their feet with new relationships. Camille says she is happy with her new boyfriend from Greece, while Kelsey has already remarried and had a child with his new wife.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/2012/09/06/camille-Grammar-divorce-settlement-30-million_n_1860913.html" target="_blank" style="display: initial;">
Camille Grammar Divorce Settlement Details Emerge; ‘Housewives’ Star Gets $30 Million
</a>
<span style="display: initial;">
,” Sept. 6, 2012
</span>
</p>
</div>Missouri officer-involved motorcycle accidents can be difficult2012-09-07T05:43:39Z2012-09-07T05:43:39Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Motorcycle accidents can often lead to catastrophic injuries and even death, especially when other vehicles are involved. It can seem even more tragic for family members when fatal
</span>
</span>
<a href="/personal-injury/motorcycle-accidents" style="display: initial;">
motorcycle accidents
</a>
<span style="display: initial;">
<span style="display: initial;">
also involve police officers. We tend to view law enforcement personnel as protectors of the public welfare and don’t necessarily expect them to be involved in fatal car accidents. Unfortunately, one Missouri resident was recently killed when a sheriff’s deputy struck his motorcycle from behind.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
That Deputy was apparently responding to an emergency call when the collision occurred. The motorcyclist was evidently traveling south just before 9 p.m. and was rear-ended by the police officer. The man reportedly died at the scene.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Officials stated that State Highway Patrol investigators would be looking into the fatal crash. This appears to be routine procedure when accidents happen outside of the city limits but within a county’s jurisdiction. The officer will apparently be kept off of duty for at least a few days as his procedure when officers involved in any type of fatality. His superior officer indicated that he felt this was just a “tragic, tragic” accident.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Even if that is the case, however, Missouri residents may be questioning why the officer struck the motorcycle from behind while responding to an emergency call. The family of the man who lost his life may especially be looking for answers. While all of the details in this specific case are not yet completely clear, those involved in fatal motorcycle accidents like this often seek answers by pursuing civil litigation in our state courts. Our laws consider a wrongful death action appropriate when a fatality is caused by the negligent or intentional actions of another, and provide for the recovery of monetary damages when liability is established.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source:
</span>
<span style="display: initial;">
<span style="display: initial;">
The Joplin Globe, “Newton County sheriff’s deputy placed on leave after fatal wreck,” Emily Younker, Aug. 18, 2012
</span>
</span>
</p>
</div>Motorcycle Accidents4 Missouri residents face felony charges for alleged abuse of horses2012-09-07T05:43:38Z2012-09-07T05:43:38Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Four adults are facing felony charges stemming from alleged abuse against five quarter horses. The group of people who face the
</span>
</span>
<a href="/criminal-defense/felony-dwi" style="display: initial;">
felony charges
</a>
<span style="display: initial;">
<span style="display: initial;">
reportedly trespassed on a property where the four horses were kept while the owner was away. Upon her return, she apparently noticed gashes spread out across the horses’ bodies. That was evidently when the Missouri woman decided to camp out on her property with the goal of discovering exactly what was happening to her animals.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Court documents indicate that the woman called for police assistance that evening to report trespassers had entered onto her property. When the deputy responded to that call for assistance, several of the people apparently fled except for one man who remained. He reportedly claimed that the group had been hired to train the horses at night, but the owner reportedly disputed that claim.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The man who stayed to speak with the deputy allegedly had a black machete in his possession. He apparently claimed that he brought the machete to protect himself against a mountain lion that he claimed was responsible for injuring the horses. Reportedly, all of the horses are expected to recover fully.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The four Missouri residents facing the felony charges in this case will have to prepare to defend themselves against the allegations. They have been charged with first-degree burglary, which could lead to up to 15 years in prison if they are convicted.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
In the meantime, however, all four are considered innocent until and only if proven guilty by competent and relevant evidence presented in court. It is one thing to be accused of a crime and quite another to actually be convicted of it. Each accused individual will have the opportunity to challenge testimony and evidence offered in support of the allegations.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Springfield News-leader, “Four charged after horses slashed in Taney County barn,” Jess Rollins, Aug. 21, 2012
</span>
</p>
</div>Couple saves time with pre-divorce property division settlement2012-09-06T05:43:40Z2012-09-06T05:43:40Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Divorces can become contentious and drawn out as parties battle over the valuation of property and property division. The parents of NBA player Kris Humphries avoided turning their divorce into a battle by agreeing to a property division before the start of the divorce action.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
When Debra Humphries filed for divorce from her husband after 27 years of marriage, one of the documents her attorney filed with the court was the fully signed agreement resolving all property division issues and all but assuring the couple of a smooth divorce. This is in contrast to their son, whose ongoing divorce from Kim Kardashian continues to make headlines.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In the state where the divorce took place, assets the parties obtained during the marriage are considered marital property, which is subject to equitable division between the parties. Assets the parties owned separately prior to the marriage or acquired as gifts or inheritances are non-marital property and not subject to equitable distribution.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The Humphries’ property division agreement allows each party to retain bank accounts as non-marital property. William Humphries will retain the couple’s home, a car and a boat as part of the division of marital property. He will also assume responsibility for the couple’s credit card debt.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Making a judge decide on the division of marital property is time-consuming and adds an additional expense for experts to appraise the assets. A judge divides property based on monetary value and not on its sentimental value to one of the parties. In this case, potential conflicts were resolved before a judge had to get involved.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
<span style="display: initial; font-weight: bold;">
Source:
</span>
</span>
<span style="display: initial;">
The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/2012/08/26/krist-humphries-parents-divorce-settled-week-after_n_1831268.html" target="_blank" style="display: initial;">
Kris Humphries’ Parents Divorce Already Settled
</a>
<span style="display: initial;">
,” Aug. 26, 2012
</span>
</p>
</div>Missouri T-bone accident critically injures 3 people2012-08-31T05:43:42Z2012-08-31T05:43:42Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
In the blink of an eye, lives can be changed for the worse when a simple car drive turns into a dangerous T-bone accident. Few people expect to find their lives in danger when simply traveling on city streets. However, a Missouri
</span>
</span>
<a href="/personal-injury/car-accidents" style="display: initial;">
T-bone accident
</a>
<span style="display: initial;">
<span style="display: initial;">
recently put three people in critical condition after two cars collided. The accident took place on a Sunday afternoon and totaled both cars, not to mention seriously injuring several people.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Missouri authorities are investigating the potential cause of the car accident. Preliminary evidence seems to indicate that a man driving a Chevy truck was in the process of traveling westbound along a roadway. Apparently a Toyota sedan was exiting a bank parking lot and pulled into his path.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
At that point, the truck was said to have T-boned the Toyota. Authorities say that the collision forced the Toyota to careen across the road toward a Cadillac dealer’s parking lot. The two occupants of the Toyota were a man and woman in their 60s. Both they and the truck’s driver were critically injured and transported to an area hospital.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A police spokesperson stated that it could take several weeks for the accident reconstruction report to be finalized. Depending upon the results of that report, it may become appropriate for one or more parties in this T-bone accident to file a personal injury claim. Missouri law provides the opportunity for injured parties to pursue damages for medical bills and other expenses in cases where it can be proven that another party’s negligence caused or contributed to an accident causing serious injury.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
<span style="font-weight: bold; display: initial;">
Source:
</span>
</span>
<span style="display: initial;">
Ballwin-Ellisville Patch, “
</span>
<a href="http://ballwin-ellisville.patch.com/articles/3-critically-injured-in-two-car-crash-on-manchester-road" target="_blank" style="display: initial;">
3 Critically Injured in Two-Car Crash on Manchester Road
</a>
<span style="display: initial;">
,” Kurt Greenbaum, Aug. 20, 2012
</span>
</p>
</div>Study: More focus on kids yields less fighting for ex-spouses2012-08-30T05:43:43Z2012-08-30T05:43:43Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
According to a recent study conducted at the University of Missouri, ex-spouses who focus on the needs of their children, rather than on their own differences, put less stress on their children and themselves. The study highlighted the fact that parents should pay attention to the feelings of the children involved, which made child custody arrangements flow much more smoothly.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
About half of the ex-spouses surveyed in the study reported working amicably together while half reported continuous problems with the ex-spouse over visitation. Of the ex-spouses who worked well together, most reported that they had begun the divorce process with animosity between the parties. However, according to the study, half of these spouses saw how harmful this was to the children and modified their behavior toward each other.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The study’s co-author says that it is incumbent upon parents to set aside their past differences and focus on the well-being of the children above all else. Although it is not always easy to forgive and forget, couples ought to weigh their desire for revenge or their need to be right in the balance with their children’s happiness and comfort. Hopefully, concern for the children will outweigh the negative feelings toward the ex-spouse.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
One of the most important factors in building an amicable relationship with an ex-spouse is a strong divorce settlement agreement. A poorly written settlement, particularly regarding custody or child support issues, will inevitably lead to conflict between the parties. A professional divorce attorney can help to craft an agreement that work to provide clearly defined rules for custody, visitation, child support, and other important issues.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Futurity, “Ex-Spouses Fight Less When They Focus on Kids,” Jesslyn Chew, Aug. 17, 2012
<span>
</span>
</span>
</p>
</div>Man and woman face Missouri meth drug charges2012-08-27T05:43:44Z2012-08-27T05:43:44Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
<span style="display: initial;">
Drug charges can seriously impact those individuals who find themselves facing such criminal allegations. Drug crimes can bring about serious penalties including significant jail time, especially in cases of alleged drug trafficking. A 31-year-old female and 34-year-old male recently found themselves in legal trouble with authorities after being discovered in an alleged mobile
</span>
</span>
<a href="/criminal-defense/drug-crimes" style="display: initial;">
meth
</a>
<span style="display: initial;">
<span style="display: initial;">
lab.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Now these two people are facing criminal charges, including violation of Missouri Controlled Substance Law, intent to distribute and manufacture dangerous drugs, resisting by flight, driving on a suspended license and other traffic charges. The woman also reportedly had three fugitive warrants out of one county and two out of another county. Some of these charges could lead to serious repercussions if the allegations are proven true at trial.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The more recent arrest reportedly came about after someone made a call reporting a suspicious vehicle driving in the Ellisville area. Authorities then pulled the vehicle over and later claimed that the male passenger took off running while an officer was talking to the female driver. Police detained the female while a foot pursuit of the male suspect took place. A K-9 was eventually brought in and the dog reportedly found the suspect hiding in foliage.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Now these two Missouri residents will be facing meth drug charges in court. Despite the claims made by authorities, they are granted the right to be presumed innocent while awaiting trial. Only if prosecutors succeed in proving them guilty of the charges against them by presenting convincing and relevant evidence in court will the man and woman actually be deemed guilty in the eyes of the law.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Town and Country-Manchester, MO Patch, “Mobile Meth Lab Busted by Manchester Police,” Gabrielle Biondo, Aug. 21, 2012
</span>
</p>
</div>University of Missouri senior dies in recent crash2012-08-24T05:43:48Z2012-08-24T05:43:48Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A young man who would have been a senior this fall at the University of Missouri died recently from the injuries he sustained in a two-car crash. The accident also took the life of a 50-year-old man.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Few details are known about the
</span>
</span>
<a href="/Personal-Injury/Wrongful-Death" style="display: initial;">
fatal accident
</a>
<span style="display: initial;">
<span style="display: initial;">
except that it occurred in northern Wisconsin. The young man was a passenger in a vehicle being driven by another 21-year-old man.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The 21-year-old victim has been remembered fondly. He has been praised for his “big heart” and signature smile. A rally was held at the MU Recreation Center recently. Those in attendance took a moment to remember the former student.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A fatal car accident is always tragic. However, when someone so young and with such promise dies, it is even more devastating.
</span>
</p>
<p>
<span style="display: initial;">
It is not clear what caused the accident. However, drivers who are inattentive, distracted or driving under the influence of alcohol or drugs are much more likely to cause fatal accidents. A negligent driver can cause debilitating injuries and even death.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Family members who lose a loved one in a crash are often overcome by grief. They may feel helpless. However, they have legal options to pursue. A family may wish to file a wrongful death lawsuit against the negligent party. After all, drivers who engage in reckless behavior and harm others in the process should be held responsible.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Missouri families who have lost a loved one in an accident as the result of another driver’s negligent behavior would be wise to consult with an experienced attorney. An attorney will fight to get families the compensation they deserve.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: Columbia Daily Tribune, “MU student dies after Wisconsin crash,” Janese Silvey, Aug. 20, 2012
</span>
</p>
</div>Prosecution for parental kidnapping raises custody issues2012-08-24T05:43:46Z2012-08-24T05:43:46Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Missouri residents may have seen media coverage of the case of the pastor who is accused of helping a woman flee the country with her child in violation of a family court order granting visitation to the woman’s ex-partner, also female. The defense has raised some interesting questions regarding child custody determinations in same-sex partnership dissolution, and the result could possibly strengthen or weaken the position of same-sex, non-custodial parents in regard to enforcement of visitation rights in the future.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The couple dissolved their partnership in 2003, and since that time the non-custodial mother of the girl had regular visitation. It was in 2009 when she arrived at her daughter’s home to pick her up for a weekend visitation when she felt the horrible sinking feeling: nobody was home.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The prosecution focuses on the man, a pastor of the church attended by the custodial mother, who allegedly helped the woman to flee the country with her young daughter and arranged for their shelter and protection once they reached their destination in the Central American country of Nicaragua. The man could face up to three years in prison if convicted of aiding international parental kidnapping. It is unclear if the woman may face similar charges if she is returned to the United States.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The timing of this is also important, since the woman fled the country about a month after a judge had ruled she would have to relinquish custody if she kept violating her ex-partner’s visitation rights with the child.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Violating custody and visitation rights is a serious issue and one that family law courts never take lightly, regardless of the sex of the parents. When one party refuses to follow court orders, the court may award custody to the non-custodial parent or take other action to protect the best interests of the child.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Burlington Free Press, “Ex-partner of missing mom tells her story in civil union custody dispute,” Wilson Ring, Aug. 10, 2012
</span>
</p>
</div>Missouri officials increase drunk driving enforcement2012-08-24T05:43:45Z2012-08-24T05:43:45Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Law enforcement officials in Missouri have boosted drunk driving enforcement and that could result increased DWI charges.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
The “Drive sober or get pulled over” campaign began on Aug. 17. Missouri is one of four states participating in the enforcement efforts. During the campaign, authorities will conduct sobriety checkpoints and DWI saturation patrols. News reports indicate that Columbia is one of the cities where law enforcement officials will take “significant measures” to decrease the number of drunk drivers on the road.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
A drunk driving charge is serious. If convicted, people could face fines of up to $500. They may also lose their driver’s license for 30 days and spend up to six months behind bars. In addition, a conviction could result increased insurance rates and could damage a person’s reputation.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
<span style="display: initial;">
Missouri residents who face
</span>
</span>
<a href="/criminal-defense/dwi-mo" style="display: initial;">
DWI charges
</a>
<span style="display: initial;">
<span style="display: initial;">
may feel that the cards are stacked against them. However, law enforcement officials have certain procedures they must follow. If those procedures were not followed, the evidence authorities have against an individual may be thrown out.
</span>
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Being charged with DWI can be overwhelming and frightening. However, people do not have to go through the criminal proceedings alone. Working with an experienced criminal defense attorney as early on the process as possible is often wise. An attorney will review the evidence in a case to be sure an individual’s rights have not and will not be violated. With a strong defense, an individual could face reduced penalties. They may even have their case thrown out altogether.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source:
</span>
<span style="display: initial;">
<span style="display: initial;">
KRCG, “Missouri law enforcement says ‘Drive sober or get pulled over’,” Aug. 17, 2012
</span>
</span>
</p>
</div>Legendary singer Wonder files for divorce after 11-year marriage2012-08-16T18:22:02Z2012-08-16T18:22:02Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The famous singer Stevie Wonder filed for divorce earlier this month from his wife of 11 years. Wonder cited irreconcilable differences as the cause of their separation. The pair married on September 1, 2001, and have two children ages 10 and 7. In his petition, Wonder indicated that he would seek joint custody and agreed to child support payments for the children.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While Hollywood divorces are by no means unusual, it is more common to see breakups among the entertainment set after only a few years of marriage. In many cases, entertainers struggle with special marital issues, and it is not uncommon for actors and musicians to grow distant from spouses as travel and job assignments keep them apart. The spotlight of constant media attention can also cause marital friction and stress.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In this instance, Wonder and his spouse seem to have been separated for some time; the document gives the date of separation as October 2009, but the pair appears to be on amicable terms. This could indicate that the divorce will proceed more rapidly and on a much friendlier basis than some other recent celebrity divorces.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Anyone with significant marital assets faces unique issues when filing for divorce, especially when children are involved. It is very important for both parties in a high-asset divorce case to have sound legal representation. These types of divorces often take more time to complete as liquidating assets may be a protracted and involved process. A divorce attorney with experience in high-asset cases may be able to make the ordeal less painful.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: The Charlotte Observer, “Stevie Wonder Files For Divorce After 11 Years,” Aug. 4, 2012
</span>
</p>
</div>Despite custody deal, Cruise and Holmes remain spotlight2012-08-10T18:22:01Z2012-08-10T18:22:01Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The recent divorce between Katie Holmes and Tom Cruise has taken the nation’s attention, as we have written about on this blog. Celebrity watchers are fascinated with the child custody agreements that the two parties have come up with for their daughter Suri. Some of the stories have been particularly harsh, questioning Cruise’s ability as a parent.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Cruise has recently released a public statement refuting the accusations that he has abandoned his daughter. One magazine, Life and Style, recently featured a cover photo of Suri with a caption stating, “Abandoned by her Dad.” The actor’s attorney has publicly issued statements on behalf of Tom Cruise.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In a recent interview with CNN, the attorney said it was out of bounds for the tabloids to continue reporting on the divorce between Cruise and Holmes. The two superstars decided on an amicable agreement for child visitation and custody rights several weeks ago now; Holmes will retain full custody of Suri Cruise.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The case of Cruise and Holmes reveals the importance of having an advocate in the form of legal counsel. It is important for men particularly to have an someone on their side who understands fathers’ rights.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In states such as Missouri, a father is entitled to be able to see his child after a divorce. Unfortunately, many fathers in Missouri and elsewhere end up getting the short end of the stick when it comes to child custody and visitation. In order to change that, divorcing dads need to make sure that their legal rights are strongly represented.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source:
</span>
<span style="display: initial;">
<span style="display: initial;">
CNN, “Tom Cruise disputes reports about Suri,” Alan Duke, July 29, 2012
</span>
</span>
</p>
</div>Katy Perry's divorce from Russell Brand is final2012-08-03T18:22:00Z2012-08-03T18:22:00Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Missouri residents may be interested to learn that the end of the marriage of Katy Perry and Russell Brand has officially arrived. The couple’s divorce became final six months after the parties reached a divorce settlement in February. Unlike many celebrity couples, Perry and Brand have had a remarkably amicable divorce. Although both stars have considerable assets and income, especially Perry, the parties never entered into a prenuptial agreement.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This could have been a very costly mistake for Perry in particular, because Brand could have claimed an entitlement to half of what Perry earned during their marriage, making property division a complex process. He also could have claimed an interest in the $6.5 million home that the parties purchased during the marriage. Brand did not request any money at all from his wife.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Although it was fortunate for everyone concerned that these celebrities were able to settle their differences in an amicable manner without a prenuptial agreement, this is not always the case. A prenuptial agreement can be a very useful tool for protecting one’s assets and one’s property that was acquired prior to the marriage.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
This type of agreement details how assets, property and debts will be divided should a divorce occur. Many individuals shy away from this document, fearing that they will interfere with the romantic feelings of their future spouse. However, discussing one’s finances openly prior to one’s marriage benefits both parties. This can save a tremendous amount of money in fees and expenses as well as help the parties avoid the stress that accompanies litigious divorces.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Source: The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/2012/07/16/katy-perry-divorce-final_n_1676770.html" target="_blank" style="display: initial;">
Katy Perry Divorce Final From Russell Brand
</a>
<span style="display: initial;">
,” July 16, 2012
</span>
</p>
</div>Bill that would have expanded stepparents' rights is vetoed2012-07-27T18:21:50Z2012-07-27T18:21:50Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A bill that passed the Missouri Legislature this past session was intended to extend parental rights to non-biological parents. The legislation would have given visitation rights and child custody rights to parents who have established a substantial relationship with a child.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The purpose of this legislation was to provide non-biological parents with the same rights that a blood relative would have. It recognized that there are many life changes that could occur in a family that could require a non-biological parent to step in and play an influential role in raising a child.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
For example, the mother of a child may pass away, and a stepfather may want to seek sole custody of the child. The stepfather may have already taken care of the child for years, except without the legal rights that entitle him to have full custody of the child. There are still courts in Missouri that will not provide full custody of the child if a biological father is alive.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Currently, no law in Missouri addresses this hot-button issue. Courts have ruled differently on the rights accorded to non-biological parents. The bill put forth criteria that would have made the rulings of courts in Missouri more uniform. Its sponsor said that the intention of this legislation was provide strict criteria that give a non-biological parent the power to request custody rights. However, the bill was vetoed by Gov. Nixon.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
One of the other reasons a stepparent faces great difficulty in securing child custody rights is because Missouri laws prohibit a child from having more than one father or mother. Nixon said he vetoed the legislation is due to the power it would provide state officials to terminate child support orders or impose such duties on a non-biological parent.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source:
</span>
<span style="display: initial;">
<span style="display: initial;">
The Springfield News-Leader, “Nixon vetoes family law bill sponsored by Rep. Thomas Long,” Josh Nelson, July 16, 2012
</span>
</span>
</p>
</div>Be sure you don't cross the line from civility to carelessness2012-07-20T18:21:49Z2012-07-20T18:21:49Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When many people divorce these days, often the refrain is “keep it simple.” Whether it’s for the sake of the children, for financial reasons or for the sake of disrupting people’s lives as little as possible, sometimes people think that easier is better. And by easier, it means conceding on issues for the sake of brevity that someone otherwise might find be inclined to fight tooth and nail.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
Unfortunately, the divorce landscape is littered with unmet expectations and errors made by people who thought they were doing the right thing. When it comes to an equitable or fair division of assets, sometimes one spouse or the other is too willing to set aside strong feelings in an attempt to keep everything low-stress.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
This has led, many divorcing couples have found, to actually making a situation worse. Here are a few mistakes that divorcing people can make that can backfire on them if they aren’t careful:
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
<br/>
</span>
</p>
<ul>
<li style="line-height: 2;">
<span style="display: initial;">
•Having an inadequate financial picture. If one person is afraid to ask to see the other’s financial statements, it could create an unnecessary burden on that person when it comes to deducting children on tax returns, for example.
</span>
</li>
<li style="line-height: 2;">
<span style="display: initial;">
•Staying in the home. In today’s economy, sacrificing other assets to stay in the family home — often with children — can be a financial misstep that can take years to correct.
</span>
</li>
<li style="line-height: 2;">
<span style="display: initial;">
•Going it alone. While some people might regard hiring an attorney as an aggressive move, not having one could put someone at a huge disadvantage.
</span>
</li>
<li style="line-height: 2;">
<span style="display: initial;">
•Keep your eyes open. Everyone wants to assume that a friendly divorce is going well, but don’t overlook troubling signs if they appear ominous.
</span>
</li>
</ul>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Reuters, “
</span>
<a href="http://www.reuters.com/article/2012/06/26/us-divorce-mistakes-idUSBRE85P0W020120626" target="_blank" style="display: initial;">
Divorce mistakes you can make by being too nice
</a>
<span style="display: initial;">
,” Geoff Williams, June 26, 2012
</span>
</p>
</div>Embattled coach now facing an off-the-field divorce battle2012-07-13T18:21:47Z2012-07-13T18:21:47Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
When a financially well-off couple in Missouri gets divorced, it can be difficult to divvy up assets and property when multiple residences are involved — especially when a couple has been married for a number of years, a high asset divorce can get complicated. Longer marriages give a couple more time to acquire joint marital property, which may include not only real estate but also monetary assets such as a 401(k) and joint bank accounts.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Such is the case for NFL coach Sean Payton, who is filing for divorce from his wife of almost 20 years. Payton’s wife filed a counter petition in the matter shortly thereafter. The couple have two children together, ages 15 and 12, and they live primarily in the suburbs of Fort Worth, Texas. The family moved there in 2011 after spending five years in Louisiana, where Payton is a Super Bowl-winning head coach of the New Orleans Saints.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Sean Payton, who is serving a one-year suspension from the Saints for his role in a bounty program, is seeking to divide the couple’s assets and maintain joint custody of their children. It appears that he has already moved out of the couple’s home in Westlake, Texas. Earlier he had publically expressed hope that he would be able to spend more time with his children during his suspension from pro football.
</span>
</p>
<p>
<span style="display: initial;">
<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
High asset divorce should not be handled without consulting an attorney as the process can be arduous. Attorneys with specific experience in high asset divorce cases can point out potential stumbling blocks for people who are focused on obtaining a fair settlement.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source:
</span>
<span style="display: initial;">
<span style="display: initial;">
ESPN Dallas, “
</span>
</span>
<a href="http://espn.go.com/dallas/nfl/story/_/id/8125148/report-new-orleans-saints-sean-payton-files-divorce-wife-nearly-20-years" target="_blank" style="display: initial;">
Sean Payton, wife file for divorce
</a>
<span style="display: initial;">
,” July 3, 2012
</span>
</p>
</div>Epic divorce and child custody battle brewing in the Big Apple!2012-07-05T18:21:43Z2012-07-05T18:21:43Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
No doubt Missouri resident have heard the news, TomKat is no more. Katie Holmes divorcing her husband Tom Cruise. The media is ripe with speculation about a prenuptial agreement, reason for the divorce and why the divorce was filed anonymously and in a different state than the couple resided. Reports vary on how much Ms. Holmes is expected to earn from the prenuptial agreement, which has not been made public in its entirety, however this is sure to be one high-asset divorce case.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
According to numerous reports, Tom Cruise made over $75 million last year and roughly $200 million during their five-year marriage. The couple’s assets include a house in Beverly Hills and another in Montecito, in addition to their individual multi-million dollar incomes. They also have a 6-year-old daughter together and Ms. Holmes is reportedly seeking sole custody of her and sufficient child support from her husband.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
What is known about their prenuptial agreement, which was signed before their wedding ceremony in 2006, is that Ms. Holmes is entitled to $3 million for each year she was married to Mr. Cruise. That means she could net almost $18 million in the divorce settlement for the prenup alone. Add to that any child support and/or spousal maintenance he may be required to pay and the “palatial” Montecito home sources say she will receive and she will no doubt be set for life.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The couple lived in California, which is a community property state so everything that was earned during the marriage would be split evenly between the couple, including any debts they may have incurred while married. Apparently the prenuptial agreement signed in 2006 stipulates that unless the couple is married for 11 years or longer, community property laws will not apply in the event they divorce.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
A prenuptial agreement does not address or relinquish child support obligations and since their daughter was born prior to their marriage, child support will more than likely be up for negotiation. Ms. Holmes is requesting primary residential custody and sole legal custody, according to reports. More than likely Mr. Cruise will attempt to fight that request as he shares custody with his other two children with previous wife, Nicole Kidman. This was the third marriage for Mr. Cruise and the first for Ms. Holmes.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source:
</span>
<span style="display: initial;">
<span style="display: initial;">
Reuters, “Tom Cruise and Katie Holmes Divorce: Who Will Get What?,” Deanne Katz, June, 29, 2012
</span>
</span>
</p>
</div>New paternity test can ID father within 8 weeks of a pregnancy2012-06-27T18:21:41Z2012-06-27T18:21:41Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Some Missouri residents might be interested to learn of a new test that allows an expectant mother to learn the identity of the father of her baby within the first eight weeks of her pregnancy. This new testing technology is the first of its kind non-invasive blood test that allows paternity to be established so early in a pregnancy. According to reports, more than half of all births are to unmarried women under the age of 30.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
When a child is born to unmarried parents, establishing paternity as early as possible is imperative for a father to begin to establish his parental rights. In some states, including Missouri, a father only has a few weeks after the birth of his child to establish paternity rights, so this new test offers additional benefits for both the mother and the father to establish parental rights and child support obligations if they are unmarried.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Prior to this new testing technique, amniocentesis was used to determine paternity during a pregnancy but it is an invasive procedure and thus carries some risk, mainly inducing a miscarriage. For this reason the test is not generally used for establishing paternity. The new test uses a blood sample from both the mother and father and does not require a doctor to be present.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Non-invasive tests have been offered over the Internet for almost a decade now, however the reliability of such tests has been questionable. Experts are saying this new testing technique provides much more reliable results. The test analyzes DNA taken from the mother’s blood that contains tiny amounts of DNA present in the fetus. The test can also be used to determine if the child has Down syndrome as well as map the fetus’s entire genome makeup.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
There are currently a few companies marketing tests using this technology however, the costs are considerably higher than post-pregnancy paternity tests. Additionally, these tests have not yet received certification for accuracy, which is required in child custody cases, although one company has applied for this certification. The AABB, formerly called the American Association of Blood Banks, is seriously considering whether or not it should certify prenatal tests.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Yet other experts are advising caution because data published by one company in a peer-reviewed journal contained only 30 samples. The test did however correctly identify the father from a random sample in all 30 samples. The other company has yet to publish any clinical data on its test so more research is needed to firmly establish the reliability of this new paternity testing technology.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source:
</span>
<span style="display: initial;">
<span style="display: initial;">
The New York Times, “
</span>
</span>
<a href="http://www.nytimes.com/2012/06/20/health/paternity-blood-tests-that-work-early-in-a-pregnancy.html?pagewanted=all" target="_blank" style="display: initial;">
Before Birth, Dad’s ID
</a>
<span style="display: initial;">
,” Andrew Pollack, June 19, 2012
</span>
</p>
</div>Fathers' RightsMore Missouri grandpas taking on the role of dad with grandkids2012-06-20T18:21:35Z2012-06-20T18:21:35Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
This past Father’s Day saw more Missouri and U.S. grandfathers taking on the role of single dad to their grandkids, according to recent U.S. Census figures. A recent story about four such Missouri grandkids brings a topic that many grandparents can relate to. Census figures show that 5.8 million or more children under the age of 18 throughout the country live in a household headed by one or more grandparent.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Grandparents’ rights have become a hot topic in the media of late and the numbers explain why. Forty percent of the 7 million grandparents who have grandkids living with them report they are responsible for the care of their grandkids. And throughout Missouri and Kansas the figures are even higher. The statistics also show an increase in the number of single grandfathers taking responsibility for their grandkids. A full percentage point increase was seen in single grandfathers housing at least one grandchild from 2007 to 2010.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The reasons for the increase in grandfathers stepping up to take over the parenting role in their grandkids lives is only a guess, however experts point to the increase in baby-boomer divorces as one factor as well as advances in medical science allowing American’s to live longer and healthier lives. However, drugs, alcohol dependency and incarceration still top the list of why kids move into their grandparents’ homes.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Grandparent’s often question whether they should seek a permanent legal adoption or guardianship of their grandkids or perhaps approach it without the legal protections. Then there are the issues surrounding the parents of these kids and the relationship they may wish to have with their parents or in-laws who have stepped up to take care of their children during difficult times.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Many questions regarding support services and funds come into play and sometimes taking over legal guardianship may provide the household more resources through support networks and other services. If you are taking care of your grandkids, it can be beneficial to consult with a family law attorney knowledgeable about grandparents’ rights and the legal options available to you to protect your rights.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
As one single grandfather said, you are a daddy when you’re young and you might become a granddaddy or even a great-granddaddy, but you never “stop being a daddy” to your offspring throughout your life.”
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Kansas City Star, “More grandpas take on role of single parent,” Eric Adler, June 16, 2012
</span>
</p>
</div>Missouri – should a veteran's disability pay go towards alimony?2012-06-13T18:21:34Z2012-06-13T18:21:34Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
That is the question being asked around the country in a national movement headed by the veteran advocacy group Operation Firing For Effect. The group is dedicated to advocating for veterans to protect or improve the benefits, services and entitlements earned by members of the United States armed services. The group’s goal is to prevent a veteran’s disability pay from being taken away in divorce court, said a veteran. To have to fight in a war and then come back to fight for your hard-earned benefits just is not right.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
The veteran, who is currently going through a divorce and is fighting to keep his disability benefits from being considered as income and thus considered marital property subject to property division laws agrees with the organization’s stand. Some state courts have used a veteran’s disability pay in calculating alimony and spousal support payments, but Operation Firing For Effect doesn’t think the justice system should use a veteran’s disability pay for alimony payments.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In fact, the organization believes that state courts that include disability pay income calculations are violating federal law that states that payments of benefits due under any law administered by the Secretary is to be exempt from the claim of creditors and “shall not be liable to attachment, levy or seizure by or under any legal or equitable process.”
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The group’s public relations director said there is a serious problem in civil courts because the federal government considers veteran disability benefits to be tax exempt, not income and thus not subject to seizure or garnishment. The state courts are viewing it differently and in some cases violating federal law, according to the director.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
What do you think, should a veteran’s disability pay be used to calculate alimony or spousal support payments in a divorce like pensions and retirement accounts earned during a marriage generally are?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Taunton Daily Gazette, “
</span>
<a href="http://www.tauntongazette.com/topstories/x1215199965/Berkley-man-fights-for-veterans-to-keep-disability-comp-during-divorce?zc_p=1" target="_blank" style="display: initial;">
Berkley man fights for veterans to keep disability comp during divorce
</a>
<span style="display: initial;">
,” Marc Larocque, June 11, 2012
</span>
</p>
</div>Missouri man loses child custody in State Supreme Court ruling2012-06-04T18:21:33Z2012-06-04T18:21:33Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Imagine you find out you are a father seven years after your girlfriend gives birth, but you later find you have no parental rights under another state’s laws because you ‘waited too long’ to establish a parental relationship. In a rather strange fathers’ rights story, a St. Louis, Missouri, man has been denied custody of his 12-year-old daughter by the Supreme Court of another state in a ruling that overturned a lower district court ruling giving the Missouri father custody of his daughter.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The story begins in 1999 when the man travelled to another state for a construction job. He met the mother of his child, who was also romantically involved with another man at the time. He came back to Missouri, where the woman came to visit him even though she thought the other man was the baby’s father. She never told the Missouri man she was pregnant. Awhile later he found out through a co-worker that the woman might be pregnant and was looking for him, but he didn’t think he could be the father of the child and so did not attempt to seek her out.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
In 2001, the other man was named the child’s father in a court decree, and in 2005 the mother lost custody of the child to him. In 2009, the mother again tried to contact the St. Louis man as she believed him to be the child’s father based on physical appearances. A paternity test proved he was indeed the child’s father. That same year the mother attempted to regain custody of the child and that is when the Missouri father, in an attempt to assert his parental rights, intervened in the Nebraska custody dispute between the mother and child’s court-decreed father.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The fact that the man didn’t seek her out to learn the paternity of her unborn child back in 1999, in the eyes of the Nebraska State Supreme Court, is the reason the lower court ruling was overturned. The lower court had ruled that once the man learned he might be the child’s father, he had requested a paternity test in a timely manner under state law and was thus awarded custody of his daughter. Both the mother and court-decreed father appealed the lower court’s ruling and the higher court sided with their attorneys and overturned the father’s parental rights.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Columbia Daily Tribune “Court denies Missouri dad’s custody rights,” June 2, 2012
</span>
</p>
</div>Fathers' RightsZuckerberg's marriage perfectly timed, say divorce lawyers2012-05-30T18:21:32Z2012-05-30T18:21:32Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
According to some divorce attorneys, apparently the time to get married is AFTER you become one of the richest people in the world. A recent report about Facebook co-founder Mark Zuckerberg’s recent nuptials addresses why his marriage may have been timed to take place after he took his company public. Although there is no report of a prenuptial agreement between the couple, Mr. Zuckerberg’s recent fortunes should be mostly protected.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The reason the social media mogul, who is now estimated to be worth roughly $20 billion dollars, is protected is because the state in which he was married is a community property state, unlike the state of Missouri. What that means is; should the Zuckerberg’s find themselves filing for divorce, their community or marital property would be equally divided between them. Community property is any property or assets earned during the marriage.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Separate property is that earned prior to the marriage ceremony, so, the billions Mr. Zuckerberg made in taking Facebook public was clearly earned prior to the marriage, thus not to be considered as marital property. What this also encompasses, is that any boost in stock held by Mr. Zuckerberg will remain separate property, unless he chooses to combine it with other assets held by the couple. For example, if he deposits some of the money into a joint account, it becomes community property.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: initial;">
On the other hand, the Facebook stock options that Mr. Zuckerberg holds are a different story entirely. Since he only exercised half of his 120 million stock options when the company went public, the other 60 million are considered community property. When or if he should choose to exercise those options, whatever is earned from them would be considered a community property, and thus subject to equitable distribution should the couple divorce.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: KVIA ABC 7, “Where Zuckerberg Would Be Without A Prenup,” Jessica Dickler, May 22, 2012
</span>
</p>
</div>Women posed as birth mothers to infiltrate state's adoption agencies2012-05-22T18:21:25Z2012-05-22T18:21:25Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The rights of unmarried fathers vary from state to state, including Missouri, as some of our earlier posts have pointed out. We thought Missouri readers of our blog would be interested in a story involving a group of women who posed as birth mothers to infiltrate adoption agencies in another state. The women claim they just wanted to hear what these agencies would tell them in regards to paternity rights and giving up their babies in an adoption in that state.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The case involved a number of Utah adoption agencies that included recording interactions with agency staff with the pregnant women posing as birth mothers. The results of the sting are rather disturbing, if not surprising to some fathers’ rights advocates. One birth mother said she was “dumbfounded” with what agency staff members were telling her.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
One reporter, who was provided with some of the recordings made in the sting, said the tapes provide a disturbing account of what goes on at some of these adoption agencies, especially when the birth mother claims she does not want the birth father involved in the process. One birth mother said she was told that Utah’s adoption rules are so friendly that a lot of people come to the state to adopt. If the child is born in the state, the state’s adoption laws stand, she was told.
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<p>
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This may sound familiar to some of our readers since we reported several weeks ago on one father in a four-year custody battle for his daughter. His girlfriend lived in Wyoming but travelled to Utah where she gave their baby up for adoption in that state. A Utah appeals court recently overturned the adoption and said they case had to be tried in the couple’s home state.
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<p>
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</p>
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In one recording involving a pregnant woman posing as a birth mother, an adoption agency staff member could be heard telling one woman she was not required to identify the father or even have to tell him anything. She said fathers do not have any rights in that state. One agency went so far as to say they would provide birth mothers with cash payments to help them out.
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<p>
<br/>
</p>
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Not all of the agencies offered cash or provided instruction on how to avoid involving the father in the process, or from even knowing about the adoption. This story is just another example of how some fathers’ rights are threatened in some states and how important it is to consult with a family law attorney experienced in paternity cases if you are struggling with enforcing your parental, child custody or visitation rights.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
<span style="display: initial; font-weight: bold;">
Source:
</span>
</span>
<span style="display: initial;">
KSL TV, “
</span>
<a href="http://www.ksl.com/?nid=148&sid=20436437" target="_blank" style="display: initial;">
Utah adoption agencies working to keep birth fathers in the dark
</a>
<span style="display: initial;">
,” Lori Prichard, May 16, 2012
</span>
</p>
</div>Fathers' RightsMore women paying alimony and child support than ever before2012-05-16T18:21:23Z2012-05-16T18:21:23Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Women have broken barriers over the last few decades, including one running for President of the United States of America. And as more and more women surpass their exes in the salary arena and become the major financial contributors in a family, more of these women are forced to contribute to their exes in the form of child support and spousal support or alimony when the marriage dissolves.
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Thus, Missouri residents may not be surprised to learn that, according to a survey conducted by the American Academy of Matrimonial Lawyers, 56 percent of U.S. divorce attorneys are reporting seeing an increase in the number of moms paying child support. And 44 percent of divorce attorneys reported seeing an increase in the number of ex-wives paying alimony.
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<span style="display: initial;">
The president elect of the Academy, which has 1,600 members that handle everything from divorce, separations, prenuptial agreements, child custody issues to property evaluation and division, said the survey’s findings demonstrate how women have really moved up the corporate ladder and are now tapping on that infamous glass ceiling.
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After practicing law for almost 40 years, he said the survey findings are really a sea change in how the roles of women in the workforce have changed. What comes with this is the taking over of the financial responsibilities in a family as well. It truly demonstrates how society has evolved over the last few decades, he said.
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For decades the divorce rate in the U.S. has remained relatively constant, drifting between 46 and 53 percent of all marriages, even though women are making great advances in their professional careers. Just as men are unhappy with paying alimony or spousal support, women are no different. The Academy’s president elect said the change in genders paying alimony or spousal support is just one of many changes he has seen over the last forty years as a divorce attorney. Back when he started in the early 1970s he said there was no equitable distribution of property, clearly that is not the case anymore.
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</p>
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<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: Reuters, “
</span>
<a href="http://www.reuters.com/article/2012/05/10/us-divorce-women-alimony-idUSBRE8490YW20120510" target="_blank" style="display: initial;">
Divorce courts mirror society as more women pay alimony,
</a>
<span style="display: initial;">
” Patricia Reaney, May 10, 2012
</span>
</p>
</div>Child support battle among unmarried millionaires continues2012-05-09T18:21:23Z2012-05-09T18:21:23Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Although the trial did not occur in Missouri, Missouri residents may be interested in a case that could put Linda Evangelista into the A-list arena of stars who receive more than $40,000 per month in support payments. Ms. Evangelista and her former billionaire lover, Francois-Henri Pinault, have ended their child support dispute in an undisclosed settlement, according to reports.
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The couple dated for four months in 2006 and Mr. Pinault declared they spent only seven days together during those few months. He did not legally acknowledge his son with Ms. Evangelista until 2007. She filed court papers in 2010 requesting child support. At first she wanted to pay all of the child’s expenses, however apparently changed her mind after a few years. Mr. Pinault’s attorney said the billionaire agreed he should pay a fair and reasonable amount for child support, but what she was asking for was ridiculous.
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Court papers filed by the supermodel claimed she was spending roughly $46,000 per month to care for the boy, including a 24-hour nanny and armed bodyguards. The trial testimony prior to the settlement agreement included stories of high-flying lifestyles and finances. Mr. Pinault is the CEO of PPR, which owns Gucci and Yves St. Laurent among other high-fashion brands, and his family is estimated to be worth $13 billion according to Forbes.
</span>
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<span style="display: initial;">
Ms. Evangelista was scheduled to continue her testimony this week but negotiations over the weekend produced an agreement ending the need to continue the trial. The child support agreement will be submitted to a court magistrate for final approval. According to Mr. Pinault’s attorney, everyone is glad an agreement could be reached and both sides are not disclosing the details of the agreement.
</span>
</p>
<p>
<br/>
</p>
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<span style="display: initial;">
The majority of child support cases are not quite as contentious as this one, nor do they involve a half million dollars in annual child support payments. However, determining child support can be a rather tricky endeavor if both sides are not open with their incomes and expenses. And a change in circumstances for either parent can further complicate negotiations.
</span>
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<p>
<br/>
</p>
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<span style="display: initial;">
A child support attorney can be advantageous in ensuring you receive a “fair and reasonable” settlement in your case. A family law attorney can also assist you in modifying existing support agreements, including alimony, spousal maintenance and child support.
</span>
</p>
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</p>
<p>
<span style="display: initial; font-weight: bold;">
Source:
</span>
<span style="display: initial;">
<span style="display: initial;">
660 News, “Linda Evangelista, French billionaire settle NYC child support fight over son, 5,” Jennifer Peltz, May 7, 2012
</span>
</span>
</p>
</div>What you need to know to win your divorce case2012-05-02T18:21:21Z2012-05-02T18:21:21Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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The United States legal system is not designed to give you more than you had before you entered into it. Going through litigation when you divorce should be your last resort, however when spouses cannot agree, especially in high-asset divorce cases, it may be necessary to have a judge decide the final outcome. Here are some tips for Missourians when you must make your case in court.
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When you want something from your future ex and he or she simply will not agree to give it to you, or you want better results than your spouse is offering, you must be able to prove a certain set of facts in the courtroom in order for the judge to warrant giving it to you. You must also have the law on your side and resist the temptation to say or do something that might sway the judge to not want to rule in your favor. This is where you do have a little control over your case.
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It is important to keep in mind that once the trial starts there is only person you need to convince and that’s the judge. You hired an attorney to worry about such things as evidence, the law and the presentation of your case. Your only concern should be to present yourself in court as a reasonable and credible person.
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When in court watch your body language and facial expressions, such as rolling your eyes, scowling or smirking. Do not make it appear as if you know the person testifying on behalf of your spouse is lying by making faces. Do not pass notes to your divorce attorney when he or she is addressing the court or questioning a witness.
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<span style="display: initial;">
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</span>
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If you simply understand that it is the law that is in question, not your sense of justice, what is right or wrong or that the outcome should be based on your personal beliefs things will be easier for you. Have faith in your choice of an attorney and accept that the law applies as it is written and not how you wish it to be. Lastly, accept your attorney’s advice whether or not you agree with it. That is one of the reasons it is so important to select a divorce attorney who understands your goals as well as how to align them with the law in your case.
</span>
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<p>
<span style="display: initial;">
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</span>
</p>
<p>
<span style="display: initial;">
Source: The Huffington Post, “
</span>
<a href="http://www.huffingtonpost.com/2012/04/30/how-to-divorce-how-can-i-_n_1460424.html" target="_blank" style="display: initial;">
How To Divorce: How Can I Win In Divorce Court?,
</a>
<span style="display: initial;">
” J. Richard Kulerski, April 30, 2012
</span>
</p>
</div>Considering a divorce? What about your retirement account?2012-04-24T18:21:17Z2012-04-24T18:21:17Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Are you considering a divorce and wondering what might happen to your retirement account? If this is you, you might want to become familiar with a QDRO. It is an acronym for a Qualified Domestic Relations Order. It is a court order that allows an alternate payee, such as a spouse, ex-spouse, child or some other dependent to collect money from your retirement account.
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As stated previously, a QDRO is a court-issued decree, order or judgment that acts as the formal approval of a property settlement agreement involving retirement plans. It must contain several pieces of information, including the name of the plan to which the order is applicable, the name and address of the participant and the alternate payees. It must also stipulate the percentage or method of calculating the percentage or amount to be paid to the alternate payee and the amount of time or number of payments included in the QDRO.
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</p>
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A judge might authorize the payment of funds from your retirement account for child support, alimony or spousal support. In some states, your retirement account may be considered community or marital property to be divided equally in a divorce. It depends on how much of the retirement funds were earned before or during the marriage. A QDRO can get complicated so it can be beneficial to consult with a divorce attorney experienced in negotiating them.
</span>
</p>
<p>
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</p>
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A Qualified Domestic Relations Order works by describing how retirement assets will be divided between the plans participants and alternate payees. A QDRO is also required for retirement plans covered by the Employee Retirement Income Security Act and it must be approved by the plan’s administrator. And it is important to note that early-withdrawal penalties are not incurred in QDRO transfers.
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Although some retirement plans provide forms you can fill out for a QDRO, there are a number of legal complexities and requirements that may apply in your state and specific situation so you may want to consult with an attorney before attempting to draft one on your own. An attorney can also ensure you draft a QDRO that is in your best interests and meets your specific needs.
</span>
</p>
<p>
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</p>
<p>
<span style="display: initial; font-weight: normal;">
Source
</span>
<span style="display: initial;">
: Reuters, “What Is a QDRO? How Divorce Affects Retirement,” Andrew Chow, April 19, 2012
</span>
</p>
</div>Missouri fathers could lose rights with new Senate bill – Part 22012-04-16T18:21:16Z2012-04-16T18:21:16Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Per our last post, in a new bill heading towards the Missouri Senate fathers must demonstrate consistent involvement with their child in order to protect their parental rights. Currently, in the state of Missouri a father only has 15 days from the day his child is born in which to file for paternity rights. But what if the father was never informed his girlfriend was even pregnant or has already given birth to the child, does he have any rights then?
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According to the author of the bill, Professor Mary Beck at the University of Missouri School of Law, and also a member of the American Academy of Adoption Attorneys, the bill outlines for judicial circuits when the father has not protected his constitutional parental rights, thus making the child legally available for adoption.
</span>
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Missouri State Representative Rory Ellinger said he is opposed to the bill because the language just isn’t right. He stated the bill has the potential to deprive a father of his right to be a parent, as well as removes his obligation to pay child support.
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The attorney for the father in the case that spurred adoption attorneys to author the bill, also opposes the bill’s language. He suggested changing “actively thwarted by the mother or the child,” to include entities such as the court and potential adopted parents. He claims the bill’s attempt to change the law to clarify legislative intent in adoption cases actually restricts the constitutional rights of a father-child relationship.
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What the bill does not consider is the mitigating social factors that may be involved. A mother could move out of state making it difficult for the father to maintain a consistent financial and custodial relationship with the child. Or the mother simply fails to tell the father he is a father until his parental rights have been forfeited.
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</p>
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The bill has already passed the House in a vote of 126 to 15 and has been referred to the Senate’s Health Committee after it was read in the Senate. If a birth certificate does not list a father’s name, in order for the father to gain custody of his child he must take the following actions:
</span>
</p>
<ul>
<li>
<br/>
</li>
<li>
<span style="display: initial;">
File an intent to claim responsibility for the child with the Missouri state’s punitive father’s registry.
</span>
</li>
<li>
<span style="display: initial;">
File a paternity action to declare himself as a custodian of the child.
</span>
</li>
<li>
<span style="display: initial;">
Assume consistent financial support and custodial responsibility for the child.
</span>
</li>
</ul>
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</p>
<p>
<span style="display: initial;">
The bill defines developing a relationship with a child and providing financial support as fulfilling consistent financial and custodial responsibility. Similar laws have been passed in other states.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source
</span>
<span style="display: initial;">
: CBS St. Louis, “Fathers of Illegitimate Children Would Lose Rights to Adoption,” Josie Butler, April 10, 2012
</span>
</p>
</div>Fathers' RightsMissouri fathers could lose rights with new Senate bill – Part 12012-04-11T18:21:14Z2012-04-11T18:21:14Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A six-year custody battle has resulted in a new bill going through the Missouri General Assembly and is currently on its way to the State Senate. The Missouri Supreme Court ruled on a child custody case involving an unmarried father who was waiting for the results of a DNA test before putting his name on the child’s birth certificate. What many men may not know is that in the state of Missouri a father must officially declare paternity within 15 days of the birth if his child.
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More than 15 days had passed while the father was waiting for the DNA results and now he is fighting for his parental rights to gain custody of his child, who has since been adopted by an out of state couple. The child was originally placed in temporary custody of the couple who agreed to help the mother and planned to permanently adopt the child. A petition for transfer of custody and adoption was filed by the couple. The petition stated the father was unknown and the mother had agreed to the adoption.
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When the father heard about the adoption proceedings, he filed with the putative father registry and had his child’s birth certificate changed naming him as the father. He then attempted to stop the adoption claiming his parental rights as the father of the child. That battle lasted six years and the father finally gained custody of his child late last summer.
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</p>
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This new bill aims to allow an adoption of a child without the father’s consent if he has not previously demonstrated a consistent and substantial relationship with his child. What that exactly means has not been defined in current Missouri law, and this bill seeks to clearly define the actions needed for a father to meet those guidelines. Specifically it states unless actively prevented from doing so by the mother, the father must provide the following:
</span>
</p>
<p>
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</p>
<ul>
<li style="line-height: 2;">
<span style="display: initial;">
Prenatal financial support on a consistent basis
</span>
</li>
<li style="line-height: 2;">
<span style="display: initial;">
Pay for prenatal and natal medical care expenses for both mother and baby
</span>
</li>
<li style="line-height: 2;">
<span style="display: initial;">
Pay child support, the amount to be based on his income
</span>
</li>
<li style="line-height: 2;">
<span style="display: initial;">
Stay in regular contact and visitation with his child
</span>
</li>
</ul>
<p style="line-height: 2;">
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<span>
</span>
</span>
</p>
<p>
<span style="display: initial;">
Watch for our next post on the pros and cons of the bill as debated by lawmakers, one of which includes what happens when a father is not told about his having fathered a child. Father’s rights have never been more precarious in our state so it is more important than ever for unmarried fathers who want to be a parent to understand what they are up against.
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</p>
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<span style="display: initial;">
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</span>
</p>
<p>
<span style="font-weight: bold; display: initial;">
Source
</span>
<span style="display: initial;">
: CBS St. Louis, “Fathers of Illegitimate Children Would Lose Rights to Adoption,” Josie Butler, April 10, 2012
</span>
</p>
</div>Could a $113 million divorce settlement be a mistake?2012-04-04T08:23:09Z2012-04-04T08:23:09Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
A final settlement was reached last year in the very public divorce between ex-Dodgers owners Frank and Jamie McCourt. In the settlement Jamie would receive a guaranteed $113 million in exchange for relinquishing her ownership interest in the Los Angeles Dodgers Major League Baseball team. The couple had owned the team since 2004. That settlement now has some wondering if it was a big mistake.
</span>
</p>
<p>
<span style="display: initial;">
During the discovery phase of this high-asset divorce case, both sides hired professional experts to appraise the team’s value. The appraisals varied widely from $900 million to $1.3 billion, according to sources familiar with the case. Now, considering the appraisal values and last week’s sale of the team for $2.15 billion, one has wonder whether Ms. McCourt received a fair settlement.
</span>
</p>
<p>
<span style="display: initial;">
When the divorce settlement was finalized last October, the stock market was down amid the ongoing drama and uncertainty with the European debt crisis so the sale price could have fluctuated according to market indicators at the time. Many legal experts and divorce attorneys not involved in the divorce settlement said it is not Ms. McCourt’s attorney who should be blamed, but the appraisers involved in evaluating the value of the franchise.
</span>
</p>
<p>
<span style="display: initial;">
According to Mr. McCourt’s divorce attorney, nobody ever could have guessed the team would have been sold for $2 billion. You cannot blame someone for not seeing what could not have been foreseen, he said. How could Ms. McCourt’s attorneys have known what the team would have fetched on the open market? And perhaps Ms. McCourt is quite happy with her settlement and the fact she was able to avoid a long and expensive divorce process.
</span>
</p>
<p>
<span style="display: initial;">
This case clearly demonstrates the many complexities involved in many high-asset divorce cases that include multiple properties or businesses along with corporate stock and high-value assets, such as art and other collectibles. If you are considering a divorce, it can be very beneficial to consult with an attorney well-versed in high-asset divorce cases to protect your non-marital assets, such as retirement accounts earned prior to your marriage, or other properties and assets purchased before you married.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source:
</span>
<span style="display: initial;">
<span style="display: initial;">
The Wall Street Journal, “
</span>
</span>
<a href="http://online.wsj.com/article/SB10001424052702304177104577309971562323542.html" target="_blank" style="display: initial;">
Jamie McCourt’s Share: Baseball’s Worst Deal?,
</a>
<span style="display: initial;">
” Ashby Jones, March 28, 2012
</span>
</p>
</div>Latest ruling in 4 year child custody and father's rights dispute2012-03-28T08:23:08Z2012-03-28T08:23:08Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
Missouri residents might be interested in one father’s quest to gain custody of his daughter. In a case that stretches over four years and two states this father is not giving up on his rights to gain full custody of his now four year old daughter. Two months after the Utah Supreme Court dismissed his case it reversed that decision and reinstated the case.
</span>
</p>
<p>
<span style="display: initial;">
Last week a 3
</span>
<sup style="display: initial;">
rd
</sup>
<span style="display: initial;">
<span style="display: initial;">
District Court Judge indicated he would most likely dismiss the Utah case that challenges the adoption of the man’s daughter so that the state of Colorado, where the father lives, could pick up the case and decide its final outcome. At issue is whether the father should have filed for paternity rights in the state of Utah where the baby was born, instead of or in addition to the state in which he and his then girlfriend live.
</span>
</span>
</p>
<p>
<span style="display: initial;">
The father did not learn about his daughter’s birth until his girlfriend returned from a trip to Utah where she gave birth and placed the baby up for adoption, without the father’s knowledge or consent. Every state has its own laws in regards to paternity, father’s rights and adoptions. The Colorado and Utah courts have been fighting over this case for four years and this latest decision brings the father one step closer to gaining custody of his little girl.
</span>
</p>
<p>
<span style="display: initial;">
When two people are not married and have a child together and that relationship doesn’t work out things can get rather complicated in a hurry, as this case demonstrates.
</span>
</p>
<p>
<span style="display: initial;">
Sources say this case could bring hope for other birth father’s who claim their child was placed into adoption without their knowledge. It can be difficult for unmarried fathers to understand their parental rights let alone enforce those rights without the help of an experienced child custody attorney. When custody battles cross state lines, as in this case, the laws can become extremely complex and making it more difficult to enforce paternity rights and court ordered agreements.
</span>
</p>
<p>
<span style="display: initial;">
This latest court decision required that the father’s name be placed on his daughter’s birth certificate. Just one more step in a lengthy court battle that could see this determined father reunited with his daughter, whom he has only seen and held once.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Source:
</span>
<span style="display: initial;">
<span style="display: initial;">
KSL.com, “
</span>
</span>
<a href="http://www.ksl.com/index.php?nid=148&sid=19678850" target="_blank" style="display: initial;">
Colorado man closer to having daughter returned after adoption in Utah,
</a>
<span style="display: initial;">
” Lori Prichard, May 21, 2012
</span>
</p>
</div>Fathers' RightsEquitable division of property and the value of military pensions2012-03-21T08:23:06Z2012-03-21T08:23:06Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
<p>
<span style="display: initial;">
The division of property and assets in a divorce is never an easy process and when that property includes a military pension it can be quite a challenge to determine a fair asset value. As many Missouri military families may already know, military pensions are unique in that there is no minimum age in which a person can receive a pension.
</span>
</p>
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For example, someone who enlisted at the age of 18 can retire at the age of 38 and collect his or her pension for the next 40 years. And that pension will include any cost-of-living increases throughout its entirety. Since a spouse is entitled to half of the amount of a pension accrued during the marriage, a military pension can be a substantial asset when determining an equitable division of assets during a divorce.
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If the marriage exceeded ten years of the spouse’s service period, the government will send a partial benefit to the ex-spouse. However if it is less than ten years they do not enforce an order, thus it is up to the service member to send the court-ordered amount to his or her ex-spouse. And if the military spouse lives in another state the ex-spouse must go through that state’s court to enforce the court order.
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For millions of military couples, as well as non-military couples retirement plans and pensions are often the largest asset in their marriage. Federal and state rules regulate military pensions, and there are important deadlines and documents that need to be filed in a timely manner, such as survivor benefits. Survivor benefits ensure the spouse continues to receive benefits should the pension holder pass away. Not filing the necessary survivor paperwork in a timely manner can be a critical misstep in the divorce process.
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When pensions are involved one option for ensuring an equitable distribution of the pension’s value is to alter the alimony or spousal maintenance support amounts to include the value of ex-spouse’s share of the pension amount. An experienced attorney can help you understand everything that is involved and ensure all aspects are considered for an equitable division of the marital property in your divorce.
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Source:
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The Wall Street Journal, “
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<a href="http://online.wsj.com/article/SB10001424052970203961204577269460305366188.html" target="_blank" style="display: initial;">
Divorce: Splitting Up a Rich Military Pension,
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” Ellen E. Schultz, Mar. 9, 2012
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</div>Get involved with child's education to help your custody case2012-03-15T08:23:05Z2012-03-15T08:23:05Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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Missouri dads might want to know that the testimony provided by your child’s teachers can have a profound impact on your child custody case, according to a recent report. Oftentimes the court calls teachers in to testify on issues regarding parental involvement in the educational aspects of their children’s lives. In determining a father’s rights in child custody and parenting time the judge will factor in whether or not a parent is involved in the child’s school and participates in any educational decision making responsibilities.
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Getting involved with your child’s education can pay off in a multitude of ways, including boosting your child custody case if you are going through a divorce. Too often when parents are separated during a divorce the school only contacts one parent to arrange parent-teacher conferences and other parent-involved school activities.
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Since it is usually the mother who volunteers to assist in the classroom, field trips or carpool it can make a big impact when dad does it. When a dad participates in such events it usually sticks out in the teachers minds because it doesn’t happen nearly as often. Make sure you are involved in your child’s education as much as possible.
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As in many cases of temporary non-custodial parenting agreements your time with your child is limited to maybe one school night per week. This can be difficult to assist your child with homework and other assignments on a regular basis; however it is important to make a consistent effort to do so. When teachers see your signature on forms and homework it makes a difference. If your children’s teachers get used to seeing you at school activities and dropping off or picking up your kids and really demonstrating your involvement with your children’s education it can make a big impression on the judge as well.
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Sign up for parent-teacher conferences, offer to volunteer at the school and inquire about other ways you can get involved. The additional bonding time you experience with your children along with the furthering of their education will benefit you and your children in multiple ways. And it can go a long way in showing the judge how your parenting time is nothing but beneficial to your children’s overall educational growth and wellbeing.
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Source:
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The Huffington Post, “
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Want Custody Of Your Kids? Get Involved With Their School!
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” Joseph E. Cordell, March 8, 2012-03-12
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</div>Fathers' RightsSurvey reports increase in use of text messages in divorce court2012-03-08T08:23:03Z2012-03-08T08:23:03Z<div style="transition: none 0s ease 0s; display: block;" data-rss-type="text">
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A recent survey conducted by the American Academy of Matrimonial Lawyers claims that more than 80 percent of their members reported a sharp increase in the use of text messaging as evidence in divorce cases over a three-year period. The advent of smartphones and text messaging in our everyday lives offers a quick, spur of the moment opportunity to express anger and resentment, messages that may come back to haunt us. Missouri residents should be aware that text messages can be used in a divorce proceeding.
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Stories abound in how text messages are used in divorce cases to undermine the credibility of one spouse. One example in the report included a husband’s text to a secret lover stating he had a great time in Boston while he was supposedly on a business trip on the other side of the country. Another example of a dangerous text message that ended up in court also resulted in a husband being charged with criminal threatening.
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The president of American Academy of Matrimonial Lawyers stated that in one case a text message “single-handedly” won a child custody dispute for one client. The case involved a claim of unfit parenting in which one spouse claimed the other parent wasn’t able to take care of the children because of a drinking problem. It was a case of hearsay until a text message entered into evidence ended the case.
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Text messages can be taken out of context like anything we say; however, once it is in print, it can be used as evidence by divorce attorneys to argue their case. But it’s not as easy as you think to get a spouse’s text admitted as evidence in your divorce case. If the text in question resides on your own phone that’s one thing, but if you illegally obtained a password to access the messages they are probably not admissible as evidence.
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One private investigator suggests it’s a good idea to let a lawyer subpoena a spouse’s text messages to ensure they are admissible. In fact, some states will only admit electronic evidence if it was gathered by a professional. Many divorce attorneys advise their clients to think twice before sending a text, especially if they wouldn’t want it read by a judge.
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Source:
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KBIA 91.3 Mid-Missouri Public Radio, “
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Temper Your Texts: Divorce Court Makes Use Of Messages,
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” Jennifer Ludden, Feb. 23, 2012
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