If a search of your cell phone leads to your arrest, you will need legal advice and representation from a Jefferson County criminal defense attorney. Let’s say that you’re stopped in traffic by the police, and an officer asks for your consent to search your cell phone. How should you respond?

Over ninety percent of us have cell phones in the U.S., so it’s a vital question. Millions of us store a great deal of private and personal information on our phones: phone numbers, addresses, personal photographs, and detailed financial information.

Police officers may examine your cell phone only with a warrant, with your consent, or if an “exigent circumstance” applies. In Riley v. California (2014), the U.S. Supreme Court held that a warrantless search and seizure of a cell phone at the time of an arrest is unconstitutional.

Exactly What Did the Supreme Court Say?

The justices concluded that a phone’s data is not covered by the right of the police to search suspects who are being arrested. “Cell phones differ in both a quantitative and a qualitative sense from other objects that might be kept on an arrestee’s person,” Chief Justice Roberts explained.

The Chief Justice added, “Our answer to the question of what police must do before searching a cellphone seized (during) an arrest is accordingly simple – get a warrant.”

What Does Missouri Law Require?

Missouri state law gives additional legal protection to the privacy of data on cell phones. A 2014 amendment to the Missouri state constitution requires the police to obtain a warrant to access computers and cell phones.

The amendment also prevents police agencies in Missouri from obtaining your cell phone records from your phone company and from seizing your phone to examine its data without a warrant.

When May the Police Seize and Search Your Phone?

However, there are several exceptions to the provisions of the 2014 amendment. The following circumstances allow police officers in Missouri to confiscate and examine your cell phone:

1. A weapons search: A police officer may confiscate a cell phone to determine if it is concealing a weapon such as a razor blade. The search of a cell phone for weapons does not involve accessing the phone’s data.

2. A confiscation: If the police believe that the data in a cell phone includes evidence of a crime, they may seize the phone, remove the battery, and store the phone until they have a warrant. Upon receipt of a warrant, they may search through the cell phone’s data.

3. An exigent circumstance: The warrantless search of a phone is allowed in “exigent” situations. For example, if the police believe that searching phone records will prevent a kidnapping or help them find an armed and dangerous suspect, then the search is legal.

4. If you are a parolee or a probationer: The police may search your phone without a warrant if you are on parole or probation and the terms of your parole or probation allow for warrantless searches.

More About Exigent Circumstances

Exigent circumstances for a cell phone search must be legitimate. Police officers must know hard facts leading to the reasonable inference that there is an emergency, and officers may not create a false exigent situation as a pretext for the search of a cell phone without a warrant.

Exigent circumstances could include preventing evidence of criminal activity from being destroyed, searching for an armed and dangerous suspect, assisting an injury victim, or helping someone who is being threatened with harm.

For example, if the police believe that you and your accomplice robbed a bank, police officers can search your cell phone without a warrant and without your consent in an effort to determine your accomplice’s whereabouts.

If the Police Obtain a Warrant

A request by the police for your permission to search your phone is most likely a “fishing expedition,” because in most cases, if the police are convinced that your cell phone has evidence they need, they will obtain a warrant.

Judges will sign search warrants for cell phones only when they have been persuaded that a crime took place and that a cell phone search will probably uncover evidence about the crime.

In Missouri, if police officers have a search warrant for your cell phone, you have a right to inspect that warrant and ensure that it’s valid. A cell phone search warrant must describe accurately the phone as well as the evidence that is sought.

The warrant should also include your full legal name, the judge’s signature, and the date by which the search must be conducted.

If Police Officers Search Your Cell Phone

If you’re stopped by police officers, and if they ask to search your phone, refuse politely. If you give your consent to the search of your cell phone, anything police officers find there may be used against you. Explain that you are not consenting to any search, but don’t resist the police.

In the State of Missouri, if a search of your cell phone is unlawful, let a Missouri criminal defense attorney deal with it in court – later. Physically resisting the police is dangerous and usually leads to additional criminal charges such as obstruction of justice or resisting arrest.

If you’re charged with any crime based on an unlawful search of your phone, you have a right to contest any evidence uncovered in that search. If such evidence is essential to the case against you, your lawyer may be able to have the charge or charges reduced or even entirely dismissed.

When Should You Contact a Criminal Defense Attorney?

If your phone was searched unlawfully, and if you’re then charged with a crime, a Jefferson County criminal defense lawyer will likely file a motion on your behalf, as a part of the pretrial process, to suppress – that is, to throw out – any evidence discovered in the unlawful search.

If you’re interrogated by police officers, remain pleasant and polite, do not consent to a search, exercise your right to remain silent, and contact a criminal defense attorney at once if you sense the police officers consider you a criminal suspect.

Finally, if you believe that your cell phone has been searched illegally by law enforcement officers in Missouri, whether or not you have been charged with a crime, you should discuss the incident at once with a Jefferson County criminal defense attorney.

If you are charged with a crime in Missouri, you’ll be asked to enter a plea: guilty, not guilty, or “no contest.” But before you enter any plea, you will need to have the guidance and sound legal advice that a Jefferson County criminal defense attorney will provide.

There’s no question about the meaning of the “guilty” and “not guilty” options. A guilty plea means that you are confessing to the crime you are charged with, and you are willing to accept the sentence handed down by the court.

What Happens When Defendants Plead Not Guilty?

A not guilty plea means that you are denying the charge against you and claiming innocence. If the charge cannot be dropped by the prosecutor or dismissed by the judge, a not guilty plea usually means that your case will go to trial and be heard by a jury.

But what does it mean if a defendant pleads no contest? And what are the consequences of a no contest plea? If you’ll continue reading, you’ll learn the meaning of a no contest plea, and you’ll also learn more about your rights if you are charged with a crime in the State of Missouri.

What is an Arraignment?

When you face a criminal charge, the first courtroom hearing in the case is called an arraignment. At an arraignment, a defendant enters a guilty, not guilty, or no contest plea. You must have a defense attorney’s legal advice before you enter a courtroom for your arraignment.

In most circumstances, a criminal defense attorney would advise you against entering a guilty plea at your arraignment. You might enter a guilty plea later to a lesser charge as part of a plea bargain agreement, but the plea at an arraignment should almost always be not guilty.

What is a Plea Bargain?

When the evidence that you are guilty of a crime is conclusive and a conviction is certain, your lawyer may negotiate a plea “deal” with the prosecutor. In a typical plea deal, the original charge is reduced to a less serious charge if you agree to plead guilty (or no contest) to the lesser charge.

Usually, a defense lawyer will recommend a guilty plea only after a plea bargain has been negotiated. In most cases, at least at the start of the case, a Missouri criminal defense lawyer will tell a client that he or she should plead not guilty.

Why is Pleading Not Guilty Usually the Best Option?

Not guilty is usually the best plea that can be entered by a defendant who is facing a criminal charge. Even if you are in fact guilty of the charge, or believe that you are guilty, there are several good reasons to plead not guilty, at least at the beginning of your case.

A not guilty plea gives your attorney time to examine the evidence, speak with the witnesses, and investigate the charge against you. If you’re actually guilty, a not guilty plea also gives your defense attorney time to negotiate a favorable plea deal on your behalf.

And after your defense attorney has reviewed the prosecution’s case against you, if the evidence is insufficient to ensure a conviction, your attorney can seek to have the charged dropped, dismissed, or brought to trial.

A criminal defendant gains a number of advantages by not rushing to plead guilty or no contest, and each of those advantages should be carefully considered in consultation with a criminal defense attorney.

What is a No Contest Plea?

When a criminal defendant enters a plea of no contest or “nolo contendere” (a Latin phrase meaning “I do not wish to contest”) that defendant is neither confessing to a criminal charge nor denying it.

For most purposes, a no contest plea has the same legal effect as a guilty plea. It means that a defendant will be convicted, a sentence will be handed down, and the defendant will have a criminal record.

What Does a Defendant Gain by Pleading No Contest?

What then is the benefit of pleading no contest to a criminal charge in the State of Missouri? For most defendants, pleading no contest is the way to avoid an admission of guilt, even when the evidence of guilt is persuasive and the defendant would be convicted at a trial.

Avoiding an admission of guilt is important for defendants who may face civil lawsuits from their victims. Let’s say that a defendant has been charged with first-degree assault after causing serious physical injuries to his or her victim.

That victim may have substantial long-term medical needs that may include multiple surgeries and a lengthy period of therapy and rehabilitation. If a crime victim was permanently disabled, the victim may require medical care for the rest of his or her life.

Additionally, if a crime victim cannot work, either temporarily or permanently, his or her lost wages may be substantial. At a criminal trial, even if the defendant is convicted, it doesn’t mean that the victim will be reimbursed for medical expenses or lost earnings.

Crime Victims Can Sue Their Assailants in Civil Court

In such cases, the crime victim is likely to file a personal injury lawsuit and sue the defendant for monetary compensation to cover medical bills, lost wages, personal pain and suffering, and other related losses and damages.

Because a guilty plea constitutes a defendant’s admission of guilt, that admission may be considered conclusive evidence if the victim files a civil personal injury claim. The defendant will be found liable in civil court and ordered to pay a substantial sum to the victim.

But by pleading no contest, even though it means a conviction for the defendant, that defendant denies his or her victim what would be considered conclusive evidence in a personal injury trial – the defendant’s own admission of guilt.

When Should a Defendant Insist on a Jury Trial?

Of course, if you are not guilty of the crime that you are accused of, you should not plead guilty or no contest, and you should not agree to any plea deal. You have the right to a jury trial, and if the charge against you cannot be dropped or dismissed, you should insist on that right.

When a criminal defendant is genuinely innocent, it’s right that he or she should plead not guilty. If that is your situation, a Jefferson County criminal defense attorney will investigate the charge against you, protect your rights, and explain to jurors why they should find you not guilty.

If you’re charged with any crime in this state, contacting the right criminal defense attorney is the first step you must take, and you must do it promptly. Adhere to your attorney’s advice, and he or she will bring your case to its best possible outcome.

What if you are involved in a traffic accident that is not your fault? The light was green, and you never saw the other vehicle. You’re late and in a hurry, the damage was trivial, and no one seems to be injured. Don’t leave the scene, or you’ll need help from a Jefferson County defense lawyer.

When a traffic crash happens, under normal conditions, you pull over, call the police, and exchange contact and insurance details with the other driver. However, in some cases, even the most law-abiding drivers may be tempted to flee the scene of an accident.

Maybe you’ve had a drink or two and you don’t want to be charged with driving while intoxicated. Maybe you have no auto insurance, or you’ve been in several recent accidents, and you do not need another one on your record.

Maybe you have no driver’s license, or your license has been suspended or revoked. Or maybe the boss has been “on your case” and you simply do not want to be late for work.

What Happens If You Drive Away From an Accident?

So you drive away. The reason doesn’t matter. Driving off is not only a big mistake, but in Missouri, it’s a crime – leaving the scene of an accident. If you make that choice, you should know that Missouri’s police agencies thoroughly investigate leaving the scene incidents.

The police will gather any available eyewitness and video evidence, and they often find the person they are seeking. If you have left the scene of an accident, or if you are falsely accused of leaving the scene of an accident, you will need to speak with an attorney as quickly as possible.

What Does the Law Require?

The law requires drivers in crashes that involve occupied vehicles to stop, exchange contact and insurance details with the other driver, and assist anyone who has been injured or summon medical assistance. Failing to meet these obligations constitutes leaving the scene of an accident.

If you give in to the temptation to flee, or if you are falsely accused of leaving the scene of an accident, what are the potential consequences? What will a Missouri criminal defense attorney be able to do on your behalf? Keep reading for the answers that every driver in this state needs.

Leaving the scene of an accident is not always a felony in Missouri. If you leave the scene of an accident, and if the police find you and place you under arrest, the charge you face will depend on the details of the accident.

What Are the Criminal Penalties for a Conviction?

Usually, leaving the scene of an accident in Missouri is a class A misdemeanor. A conviction may be penalized with up to a year in jail and a fine of up to $1,000.

However, if someone was seriously injured, if the damage to the other vehicle exceeded $1,000, or if it’s not your first leaving the scene offense, you may be charged with a class E felony, which is punishable upon conviction with up to four years in prison and a fine of up to $10,000.

In the worst-case scenario, if the accident resulted in a fatality, leaving the scene is a class D felony, which is punishable upon conviction with up to seven years in prison and a fine of up to $10,000.

Are There Additional Penalties?

Along with these considerable criminal penalties, twelve to sixteen points may be added to your driver’s license if you are convicted of leaving the scene of an accident, and for many Missouri drivers, that could mean a driver’s license suspension.

Additionally, a conviction for leaving the scene is certain to drive up your auto insurance rates, and if driving is your profession or an essential part of your job, it may be difficult for you to maintain or find employment.

Why is Leaving the Scene of an Accident Prosecuted So Aggressively?

In leaving the scene cases, the prosecution usually presumes that the defendant committed the crime to avoid being charged with a more serious crime like driving while intoxicated. That is one reason why leaving the scene of an accident is so aggressively prosecuted in this state.

If you felt confused at the time of the accident, if you were not aware of the collision when it occurred, or if you have been falsely charged and you’re innocent, you will need an attorney who can make sure that your side of the story is plainly told and completely understood.

For prosecutors in Missouri, proving beyond a reasonable doubt that a defendant left the scene of an accident is not always easy. Prosecutors in these cases typically have to rely on circumstantial evidence and eyewitness statements.

But even if the case against you is persuasive, a conviction does not necessarily mean that you will receive the maximum penalty. If it’s your first offense, and the evidence against you is conclusive, your attorney may be able to negotiate for probation rather than jail or prison.

What Questions Must Be Answered in These Cases?

The court will need answers to these questions before determining the final outcome of your case:

1. Was anyone injured in the accident?
2. Were you driving while impaired by alcohol and/or drugs?
3. Do you have a criminal record?
4. Did you turn yourself in voluntarily?
5. What is your driving record?
6. Do you carry a commercial driver’s license?
7. What were the road and weather conditions?
8. Will your auto insurance pay for the damages?

It’s Imperative to Exercise Your Rights

In heavy traffic, it’s easier for a driver to disappear quickly and flee the scene of an accident, but that kind of confusion can also cause the eyewitnesses and the police to make mistakes, and the wrong motorist may be accused of leaving the scene.

If you are charged with leaving the scene of an accident, whether you are innocent or guilty, it is essential to exercise your rights. Admit nothing, but be polite and do not resist the police in any way. Simply say, “I prefer to exercise my right to remain silent until my lawyer can be present.”

Your defense strategy will depend on the details of the case, but it’s important to reach out for legal help as soon as you can if you are charged with leaving the scene of an accident. The right Jefferson County defense lawyer will bring your case to its best possible conclusion.

A living will is a legal document that expresses your wishes regarding medical care in case you are terminally ill or incapacitated. For help creating a living will or for personalized advice about any aspect of estate planning, you should meet with a Jefferson County living will attorney.

Exactly how will a living will – sometimes called an “advance healthcare directive” – be used? How does a living will work? Do you need one?

If you’ll keep reading, you will learn the answers to these questions, and you will also learn more about estate planning – and caring for your loved ones when you’re gone – here in Missouri.

Why Were Living Wills Created?

Living wills were created in response to the advancing prevalence and sophistication of medical technology. By the 1960s, care for the terminally ill had become prolonged, painful, exceedingly expensive, and emotionally exhausting for patients and for their loved ones.

Living wills were first proposed in the Indiana Law Journal by defense attorney Luis Kutner in 1969. Because this type of “will” is intended for use while someone is still alive, the media began calling it a “living” will.

When the federal Patient Self-Determination Act of 1991 took effect, it required hospitals, nursing homes, and home healthcare agencies to provide patients with information about their rights to create living wills in each state.

How Many People Now Have Living Wills?

Barack Obama was the first U.S. President to endorse living wills. In 2009, he told the AARP, “I’d encourage everybody to get one. I have one. Michelle has one. And we hope we don’t have to use it for a long time, but I think it’s something that is sensible.”

As of 2020, only about 25 percent of the adults in the U.S. have a living will. A living will keeps your decisions about your future in your own hands, even if you are unable to express your wishes regarding specific medical treatment you want or do not want in particular circumstances.

A Living Will is Not a Power of Attorney

Your living will is not a durable power of attorney and it does not necessarily name someone to act as your representative or caretaker. If you have both documents, the person who has the power of attorney for healthcare must adhere to the instructions spelled out in the living will.

In Missouri, anyone of sound mind who is 18 or older may create a living will. Two persons 18 or older must witness and sign a living will, but those two adults may not be your family members, your beneficiaries, or anyone who is responsible for your healthcare expenses.

The main reason to establish a living will is so that others will know if you do or do not want your life prolonged when your condition is terminal. A living will takes effect when your doctors determine that you are close to death or permanently comatose or incapacitated.

What Do Living Wills Specifically Address?

When considering life support, you may think of respirators and feeding tubes, but life-prolonging treatment may also include cardiopulmonary resuscitation (CPR), blood transfusions or blood products, kidney dialysis, medications, and surgery.

Specific medical treatments that may be addressed in a living will also include artificial respiration, hydration, nutrition, chemotherapy, and antibiotics. If you are not sure what kind of medical treatment you will want, discuss your concerns with a doctor you can trust.

You may decline life-prolonging treatments and still be given medication to manage pain and keep you from discomfort. It is presumed that most patients will desire pain management and relief, so your living will requires you to address pain management only if you do not want it.

What is Required for Living Wills in Missouri?

Missouri has stricter requirements for living wills than many other states, including these requirements:

1. A living will has to be dated and put in writing.
2. The principal of a living will must be legally competent.
3. The principal must sign the living will along with two witnesses.
4. A living will does not take effect if the principal is pregnant.
5. A living will takes effect only if the principal is incapacitated or terminal.

When Your Living Will is Established

When a living will has been drafted and signed, it’s legally binding. You may revoke your living will at any time – provided that you are still a person of sound mind – merely by destroying the document or by creating a new one.

You should ensure that you make copies of your living will and give a copy to your doctor, to the person who has your healthcare power of attorney, and to trusted members of your family. You should also keep a copy with you in case an accident happens.

A living will can keep your loved ones from having to make tough choices at a confusing and emotional moment. It ensures that your wishes and instructions will be honored.

Before You Create Your Living Will

Before you finalize your living will, you may desire to do your own research regarding end-of-life treatment. Talk to healthcare professionals you trust, to a spiritual adviser or others in your faith community, and also take advantage of the extensive resources available online.

When you’ve created your living will, knowing precisely what it says, means, and requires will give you assurance – and peace of mind – about the future.

A living will may be a stand-alone document or part of a comprehensive estate plan. Good estate planning consists of more than a will or any other single document.

The Importance of Proper Estate Planning

Good estate planning requires the right Missouri estate planning lawyer and the creation of detailed, complicated legal documents. Estate planning lets you make choices to ensure that your instructions are carried out faithfully – when that time comes – with minimal legal interference.

Take the time to consider your loved ones, and with an estate planning lawyer’s help, try to create estate planning documents that do not generate needless controversy or resentment. Creating a living will is a good place to begin.

If you have any concerns or questions regarding your own living will or other estate planning documents – or if you are ready to begin creating those documents – the first step is arranging to meet with a Jefferson County living will attorney.

No one knows what tomorrow may bring, but with the right attorney’s help, you and your family can be prepared. If you have loved ones who rely on you, now is not too early to create a living will and to begin planning your estate.

Teenagers can prove a headache for most parents at the best of times, but when they find themselves on the wrong side of the law, things get a little more serious. It can be easy to assume that the consequences of breaking the law will be less severe if the participant is a teen, but this is not always necessarily the case.

What Does The Law Say?

According to Missouri law, any person aged 17 or over will be charged as an adult, and will potentially face the same severe consequences as a much older person convicted of the same crime. In some cases, however, teens and minors of a much younger age have found themselves tried as adults and sentenced according to the same criteria.

At present, Missouri law permits the trial and sentencing of a minor if they have committed a ‘delinquent act.’ Known as a ‘discretionary waiver,’ this act states that in the event that any juvenile aged 12 or older, is accused of an act which would be considered a felony if committed by an adult, the juvenile court has the option to waive jurisdiction. If this is the case, a teen or minor could potentially find themselves tried in the court, which would usually be given criminal jurisdiction for said offense. In short, this means that 12-year-olds could possibly find themselves being tried and sentenced as adults.

This can also extend further; legislation states that in the event that the offense is a statutorily-delineated violent offense, the transfer hearing is automatically set into motion, and the minor will be tried and sentenced as an adult.

A range of factors will impact whether a minor is tried as an adult, including the psychological history of the accused, any past criminal offenses or dealings, and any unique, unusual features relevant to the case.

Which Crimes Count?

The decision to charge and sentence as an adult is one at the discretion of the juvenile court – they are the party who will have to relinquish jurisdiction over the case. The following sentences are likely to see the offense escalated to an adult trial:

• Arson
• Assault with intent to kill
• Assault with intent to maim
• Assault with intent to rob
• Attempted murder
• First-degree murder
• Second-degree murder
• Kidnapping
• First-degree criminal sexual conduct
• Armed robbery
• Carjacking
• Bank robbery
• Home invasion
• Drug trafficking
• Possession of drugs

Any participants under the age of 12 may find their case redirected if they commit any of the offenses included above. It is important to remember, however, that the prosecution can, in theory, request to escalate any offense to be tried and sentenced as an adult.

Likelihood of Escalation

In some cases, you may find that the offense committed by the minor may not meet the requirements for an automatic waiver of the jurisdiction of the juvenile court. There are circumstances, however, where these situations can still see the accused tried and sentenced as an adult; the decision to pursue this falls with the prosecutor.

In order for the case to be escalated, the prosecuting team must first request a hearing with the judge – this can be done even if the crime is not on the list above. The judge called is then responsible for deciding whether it is in the best interests of the offender, as well as the wider public’s safety, to allow the juvenile court to waive their jurisdiction and subsequently try the offender as an adult. If successful, courts will also then have the power to sentence according to adult terms.

There are a few factors that must be considered during this hearing for the waiver to proceed. These include:

• How serious the alleged offense is, and whether there are any aggravating factors involved. These may include the impact on the victim, and the use of any weapons such as firearms.
• The criminal responsibility of the offender – to what extent were they involved in the planning and execution of the crime?
• Whether the offender has any previous record of criminal activity or delinquency. Police or school records may be used to help determine this.
• The willingness of the offender to participate in rehabilitation programs, such as those focused on juvenile justice.
• Whether any rehabilitation program or punishment which can be offered by the justice system is adequate for the crime committed.
• The possible outcomes available for the offender and the suitability of these to the individual circumstances of the case.

These arguments will be put forward to the judge by the prosecution, while the job of the defense team is to convince the court that the case is best remaining in the juvenile system. This is a process known as a ‘waiver hearing,’ and is an integral aspect of the case. If the judge grants the waiver, the offender will automatically be tried as an adult, with the higher punishments which are available.

What Can I Do?

If you are a parent of a teen charged with a serious offense, or a teenage offender yourself, it is imperative that you access accurate, professional advice as soon as possible. Here at Grafe and Batchelor, P.C., we have a combined experience of over 30 years in the criminal legal system.

A top-quality defense team is your most important tool if you or your teen find themselves facing a juvenile court waiver. The waiver hearing is the only opportunity you will have to keep the case in the juvenile system, and so it is critical that you employ experienced and qualified criminal defense attorneys to help.

Get In Touch

Time is vital in these cases, so make sure that you contact us as soon as possible. We will be able to work with you, offering a bespoke, personalized service that is relevant to your own unique needs and requirements. Our decision to focus mainly on criminal law has allowed us to build up a secure background, leaving you assured that you and your teen are in our capable, confident hands.