Frank, Juengel & Radefeld, Attorneys at Law
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When is a search warrant invalid in Missouri?

Despite popular belief, a police officer cannot just request a search warrant and have the department issue one to him or her that same day. Rather, for an officer or any law enforcement agent to obtain a warrant in Missouri, he or she must have a valid reason for doing so and, moreover, follow proper protocol. The judge who issues the warrant must also adhere to certain etiquette, otherwise he or she runs the risk of a higher authority declaring the search warrant invalid.

According to Search & Seizure Law in Missouri State and Federal Law by the Office of Circuit Attorney in the City of St. Louis, a valid search warrant must be in writing and directed to any peace officer of the state. It must also identify the article, substance, material, property or person for which or whom the officer is allowed to search and, if found, seize. The description of the property or person must be in such thorough detail that the officer or officers executing the search warrant can readily ascertain that that which they seek is what they have found. The warrant must also state the time and date the judge issued the warrant.

5 common mistakes to avoid when facing criminal charges

Facing criminal charges for the first time is an intimidating and scary experience. You may have no idea how to handle the situation. When you are dealing with so much stress and confusion, you may make some mistakes. 

Making errors during this process can hurt your chances of defending against the charges. By reviewing some common mistakes below, you can know what to do when you are charged with a criminal offense.

Do you qualify for expungement under the 2018 Missouri law?

A new Missouri law that became effective in 2018 makes expungement available to more people who have state crimes on their records.

There are exclusions, but the law encompasses both felonies and misdemeanors. Are you among those who can qualify for expungement?

False allegations of sexual assault

Sexual assault cases can be difficult for an array of reasons, especially since such a harsh stigma surrounds this offense. People may unexpectedly find themselves accused of sex assault following consensual sexual activity, or they may be accused of wrongdoing even though they have never had any physical contact with someone who claims that they were assaulted. Regrettably, being accused of sexual assault can be incredibly hard to stand up against, and it is pivotal for people who have found themselves in this tough position to firmly defend their rights and know all about their legal options.

People falsely accuse others of sexual assault for countless reasons. Perhaps a former spouse, girlfriend or boyfriend is upset that the relationship came to an end and wants to retaliate. Or, maybe someone wants to gain the upper hand in a dispute over child custody, or get revenge against someone they had a consensual sexual relationship with that they came to regret later on. Our law firm knows how stressful it can be when these charges arise, and some people feel like giving up. However, this is no time to stand by, especially since these charges can derail life in so many ways.

4 steps to follow after your first arrest

An arrest, even for a misdemeanor charge such as driving under the influence of alcohol (DUI), is extremely stressful. If this is your first such experience, what should you do?

Here are four steps to help you cope with a first-time arrest, no matter how serious the offense.

Do you have to provide DNA when arrested?

Getting arrested in Missouri is not a good situation to begin with, but once you are under arrest, you may be subjected to uncomfortable situations. These include strip searches, fingerprinting and DNA collection. You may wonder about the last thing. Can your DNA be taken after an arrest? Yes, it is perfectly legal for law enforcement to collect your DNA upon arrest, according to NPR.

The U.S. Supreme Court made a ruling that you can have your DNA taken if you are arrested on a serious crime. Law enforcement may then put your DNA into a national database to see if it matches any unsolved crimes in the system.

3 examples of Medicare fraud

If you work at a medical provider's office, you probably know that fraud is running rampant throughout the health system. With access to Social Security numbers and addresses, it is easy to steal identities and money from people who patronize the provider.

You may find yourself in the situation where the police believe you had a hand in an attempt to defraud Medicare. Whether you have or not, it is a good idea to get an understanding of the signs police look for in trying to build a case of fraud.

Ongoing debate, controversy surrounding DUI roadblocks

We spotlighted a nationally prominent drunk driving-linked enforcement tool in a select blog post from last year. We noted in our September 4 entry that, "Not all states allow sobriety roadblocks within their borders."

Missouri does. And it is not exceptional for doing so, joining a strong majority of states that permit the practice.

Did a shoplifting accusation ruin your trip to the mall?

Perhaps you went shopping for a dress to wear to your favorite cousin’s wedding. You visited several shops before finding what you wanted.

Someone claimed to see you walk out of the last shop with merchandise you did not pay for. What happens now?

Steer clear of police body camera errors

Many states allow (or even require) police officers to wear body cameras while on duty. Body cameras preserve visual evidence at the scene of a crime. They also routinely monitor law enforcement interactions with citizens. Body camera footage shows an unbiased view of events between law enforcement officers and the public.

In Illinois, law enforcement personnel use body cameras under the Law Enforcement Officer-Worn Body Camera Act. If a member of the public encounters an officer wearing a body camera, it is not a threat as long as citizens follow practical strategies.  

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We provide representation in Missouri, Illinois and federal courts across the nation. Lawyers from around the country refer clients to us, knowing we will deliver the superior level of representation to their clients they would expect from themselves.

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