FAQs-3

What happens if I’m charged with DUI for the first time?

A first-offense DUI (often filed as DWI in Missouri) is usually charged as a Class B misdemeanor. Upon arrest, most drivers spend a night in custody, post bond, and receive two separate case numbers: one for the criminal charge in circuit court and another for an administrative driver-license action handled by the Department of Revenue. Unless a hearing is requested within fifteen days of arrest, the license is suspended for ninety days. Potential criminal penalties include up to six months in jail, a fine that can reach five hundred dollars, court costs, ignition-interlock installation, and mandatory completion of a Substance Abuse Traffic Offender Program.

Even when judges place first-time defendants on supervised or unsupervised probation, a conviction still leaves a permanent criminal record. Insurance companies typically raise premiums or cancel coverage, and employers, especially those in transportation or public service, may treat a DUI as disqualifying. Because blood-alcohol evidence can be challenged, early preservation of patrol-car video, breath-test maintenance logs, and dispatch records often shapes negotiations.

Defendants who act quickly can sometimes avoid a conviction through suspended-imposition-of-sentence agreements, limited driving privileges, or diversion into treatment court. A lawyer who once prosecuted DUIs will know exactly where the weak points in an arrest file tend to appear and how to leverage them when negotiating with the state.

Can I go to jail for shoplifting or petty theft?

Yes. Missouri classifies shoplifting, legally called “stealing”, according to the value of the items taken and any prior theft history. When the property is worth less than one hundred fifty dollars and the accused has never been convicted of stealing, the charge is a Class D misdemeanor punishable by a fine of up to five hundred dollars. If the value is between one hundred fifty and seven hundred fifty dollars, or if the person has a prior theft conviction, the case becomes a Class A misdemeanor carrying up to one year in the county jail and fines that can reach two thousand dollars. Three prior theft-related convictions or merchandise worth seven hundred fifty dollars or more elevate the offense to a felony with corresponding prison ranges.

While first-time shoplifting cases often end without incarceration, jail becomes increasingly likely when a defendant has previous theft convictions, fails to appear in court, or stole merchandise that is difficult to resell. Judges routinely order restitution and may require completion of anti-theft classes or community service. Retailers also send separate civil-demand letters seeking additional monetary penalties.

Because intent must be proved, defenses frequently revolve around mis-scanning at self-checkout, distraction, or mistaken identification. Surveillance footage, witness statements, and the manner in which store security detained the suspect can all affect both the criminal case and any parallel civil claim.

What are the penalties for drug possession in Missouri?

Missouri statutes divide drugs into schedules and assign penalties largely by weight. Possessing any controlled substance other than thirty-five grams or less of marijuana is a Class D felony punishable by up to seven years in the Department of Corrections. Marijuana offenses depend on quantity: ten grams or less (first offense) is a Class D misdemeanor with a maximum five-hundred-dollar fine; more than ten grams but not more than thirty-five grams is a Class A misdemeanor carrying up to one year in jail and up to a two-thousand-dollar fine; more than thirty-five grams reverts to a felony.

For opioids and emerging synthetic drugs, recent legislation imposes harsher ranges—for example, possessing more than fourteen milligrams of fentanyl can support a trafficking charge classified as a Class A felony with a minimum prison term of ten years. Courts have discretion to suspend execution of a sentence and place a first-time offender on probation, but probation usually requires random testing, treatment, and consent to warrantless searches.

Beyond incarceration, a drug conviction can trigger driver-license suspensions, jeopardize federal student aid, and complicate professional licensing. Treatment courts operating in Christian, Stone, and Taney Counties allow certain defendants to earn dismissals by completing counseling and frequent monitoring; an option prosecutors who once ran those programs understand well.

What should I do if I’m accused of domestic violence?

Missouri recognizes four degrees of domestic assault. When the allegation involves minor injury, a threat of harm, or offensive physical contact against a family or household member, prosecutors typically file a fourth-degree domestic assault, a Class A misdemeanor punishable by up to one year in jail and fines that may reach two thousand dollars. Repeat allegations, the use of a weapon, or serious bodily injury can elevate the charge to a felony with much stiffer sentencing ranges.

An arrest is often accompanied by a temporary order of protection that bars any contact with the complaining witness and can exclude the accused from the family home. Violating that order leads to additional criminal counts and undermines any bond agreement. The court may also impose conditions such as firearms surrender and alcohol monitoring while the case is pending. Preserving text messages, social-media posts, and medical records along with identifying witnesses who were present, becomes critical in the early days of the investigation.

Because most domestic cases hinge on credibility, defense strategy focuses on 911 recordings, body-camera footage, and any prior statements that conflict with the current allegation. Separately, an order-of-protection hearing proceeds under civil rules of evidence and can affect custody and housing even if the criminal charge is dismissed, so coordination of both tracks is essential.

Can I be charged with assault even if I didn’t hit anyone?

Yes. Under Missouri law, a person commits fourth-degree assault by attempting to cause injury, knowingly placing another in fear of immediate physical harm, or making physical contact that a reasonable person would find offensive. No actual injury is required. The offense is normally a Class A misdemeanor carrying up to one year in jail and a maximum two-thousand-dollar fine; if the target is a special victim such as law-enforcement personnel or elderly persons, the same conduct can be charged as a Class E felony.

Threats delivered in person, brandishing a fist, or reckless conduct, such as throwing an object that narrowly misses someone, often satisfy the apprehension element. Because the statute requires proof of intent or recklessness, context matters: accidental bumps or joking gestures are not enough. Prosecutors still file cases where no injuries occurred, especially when a weapon was displayed or when the alleged victim is related through domestic ties.

Defenses include self-defense, lack of intent, or impossibility. Supporting evidence may come from surveillance video, third-party witnesses, or testimony that the complainant provoked the confrontation. Early legal intervention can sometimes convince prosecutors to reduce the charge to peace disturbance or dismiss it outright when fear or intent cannot be shown.

What should I know if I’ve been accused of a sex crime?

Sex-offense allegations trigger some of the harshest penalties in Missouri. Convictions for crimes such as rape, statutory rape, child pornography, or sexual assault can lead to lengthy prison sentences, mandatory post-release supervision, and sex-offender registration that restricts residency, employment, and internet use. Even misdemeanor offenses like indecent exposure may require registration and carry lifelong social stigma.

Investigations frequently begin before charges are filed. Police often request interviews, forensic exams, or electronic device searches. People under suspicion should decline to speak without counsel, avoid social-media commentary, and preserve any messages or location data that might contradict the accusation. Polygraph examinations, while not usually admissible, can influence charging decisions if arranged through counsel.

Sex offender registration can last fifteen years, twenty-five years, or life depending on the offense tier; removal is possible only after statutory waiting periods and a court petition showing rehabilitative progress. Because prosecutors and judges treat these cases differently from other felonies, representation by someone who understands evidentiary hurdles often shapes outcomes.

Can I get a gun charge even if I have a permit?

Possessing a concealed-carry permit does not override all firearm restrictions. Missouri law bars weapons in specified prohibited places such as schools, federal buildings, courthouses, and any private property where guns are expressly forbidden. Violating that rule is a Class B misdemeanor for a first offense but can escalate with repetition. The state also criminalizes unlawful use of a weapon, including displaying a firearm in an angry or threatening manner or handling it while intoxicated; offenses that apply to permit holders and unlicensed carriers alike.

Beyond location-based prohibitions, federal law and Missouri statutes forbid possession by individuals with felony convictions, active orders of protection, certain domestic-violence misdemeanors, or pending felony charges. Carrying during the commission of another crime can trigger sentencing enhancements that add mandatory consecutive prison time.

When police find a gun, any dispute over whether the location was truly off-limits, whether the owner was intoxicated, or whether the firearm was readily accessible can become central at trial. Documentation of permit status, surveillance footage showing demeanor, and expert analysis of ballistic evidence often determine whether charges stick or are reduced to non-criminal infractions.