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Not Guilty Chapter 14 | Entering a Plea of Guilty

Wed, 29 Apr 2026 13:00:08 GMT

ENTERING A PLEA OF GUILTY – Misdemeanors. The Court will ﬁrst want to know that the defendant understands what he or she is pleading guilty to, as well as the range of punishment associated with that charge. The court will want to be sure the defendant understands the trial rights that are being given up by entering a plea of guilty, including the right to remain silent, that anything that the defendant may say could be used against him or her; the right to be represented by an attorney; the right to plead not guilty and proceed to trial; and the right to confront and cross examine witnesses at trial or subpoena witnesses to appear to testify at trial. There will be no trial after a guilty plea, and the right to an appeal is extremely minimal (basically with limited exceptions, there is no right to appeal) after entering a plea of guilty (swearing you did it). The court will want to know that the defendant is not under the inﬂuence of anything that could impair his judgment, that there is a factual basis for the plea, no potential defenses that could get him out of it, and that the defendant is pleading guilty because he IS guilty.

Caution. People like to say, years after the fact, that they weren’t really good for it. They just plead out because they had to. They say their public lawyer made them, or that it was the only way to get out of jail, or that they took it for their girlfriend…. Whatever the excuse, if they said they did it, plead guilty, basically swore in court that they did it, they’re going to be stuck with it. It is no simple thing for someone to come back after the fact and claim they’re not good for something they plead to. Guilty pleas should be handled with great caution, at the advice of a licensed attorney.

Entering a plea of guilty – Felonies. There are more rights at stake, and higher penalties, so the courts are far more detailed with felony pleas. The courts will also rarely accept a felony plea without the assistance of counsel. You need a lawyer to go through this process. There is too much at stake to not have a lawyer. If you are going through this process, get a lawyer!

The felony guilty plea will include identifying the defendant, to verify they have the right person, that he can understand, read, and write the English language, that he understands what he is charged (accused) with, and the potential range of punishment associated with that crime. They will go over the speciﬁc facts of the crime the defendant is charged with, including the date and location. They will go over his trial rights, which include:

Trial Rights

The right to a trial, in front of a judge or in front of a jury, and knowing that by pleading guilty he or she is giving up the right to use any defenses he may have.
The right to assistance of an attorney.

This means he is entitled to an attorney. It does not necessary mean they have to give him one. If he qualiﬁes for a public defender, one will be appointed. If he does not qualify, he will have to ﬁnd and pay for a lawyer on his own.

The right to remain silent, to not testify, and to have the judge instruct the jury not to hold it against him or her if he or she chooses not to testify.
The presumption of innocence.

It is the prosecutor’s job to prove the defendant guilty; it is not the defendant’s job to prove him or herself innocent.
They must prove the defendant guilty beyond a reasonable doubt.

The right to confront and cross-examine witnesses against you, and the power to subpoena witnesses to appear on your behalf.
In order for a jury to ﬁnd a person guilty, all twelve jurors must agree that that person is guilty.
The right to an appeal.

If the defendant chooses to plead guilty, he is giving up his trial rights.

The proposed (suggested) “disposition” (sentence, outcome, or punishment) will be discussed, with a note that no one made any side deals, and no one threatened or coerced the defendant or his loved ones or made any special promises to the defendant or his loved ones not known to the courts, in exchange for a plea of guilty. If he or she is already on probation elsewhere, a plea of guilty could (very likely would) have a negative impact on her probation, and a plea of guilty could impact an immigrant’s legal status in this country. The court will want to know that the defendant is acting of his own free will, not under any intoxicants, and likely that he is taking any medications necessary to ensure he is thinking properly. (The court is checking into medications and substance use to verify that the defendant is able to think clearly and make rational decisions for him or herself. If, for example, the defendant has schizophrenia, the court would likely want them to be on their medication. Alternatively, if a person showed up to court drunk or high, the court likely would refuse to accept the plea because the person was not competent to make that kind of decision at that time.) The court will want to know if the defendant is satisﬁed with the assistance of his or her attorney, that they understand that there are going to be conditions of probation if going on probation, and that they are pleading guilty, freely and voluntarily, because they are in fact guilty.

Disposition – the outcome, punishment, penalty, resolution or sentence associated with the crime after a ﬁnding or plea of guilty.

Negotiated Resolution (“plea deal”) – An agreement about what the punishment or outcome of the case will be.

Competency – The courts must be comfortable that the defendant is able to understand what is taking place, be capable of assisting in preparing their defense, and be able to understand the consequences of their decisions, and make voluntary choices about trials and pleas of guilty.

Incompetency – Some people believe it would be better for the court to ﬁnd them not competent than to ﬁnd them guilty. This defense needs to be thoroughly discussed with an attorney! The court may ﬁnd a person not competent for a temporary period of time, if perhaps they showed up to court drunk. If the court has greater concerns, they may request the Department of Mental Health conduct an evaluation, and if that person is determined to be incompetent, that person may be held by the Department of Mental Health until they become competent. That length of time is unknown and might last for years and years. At least with a guilty plea, a person knows the maximum they could go for.

Rule 24.035. The Court likely will advise the Defendant that there are no appeal rights from a guilty plea. There are post-conviction (after a ﬁnding of guilt or a plea and sentencing) rights under Rule 24.035. If the Defendant anticipates exercising these rights prior to the entry of a plea, he might want to reconsider entering the plea. It is very diﬃcult to back out after saying you did it. Rule 24.035 applies when 1) The court does not have jurisdiction – for example, the crime did not take place in the State or County where charged/accused; 2) The Court sentences the Defendant outside the maximum range of punishment. If the worst the defendant can get on a crime is 6 months, and the Court gives that person twenty years, that Defendant may pursue relief under Rule 24.035; and 3) If the charge is not in compliance with the Constitution of the United States or the State of Missouri (if you have a creative argument that the crime, say stealing, somehow does not violate the constitution, you may make that argument here. Good luck.); and

4) ineﬀective assistance of counsel. Ineﬀective assistance claims require two prongs: ﬁrst that the lawyer messed up, and secondly that it would have made a diﬀerence. So if the lawyer fell asleep in court, and the defendant was guilty as hell, and the State could prove it regardless, then that lawyer may actually not be found to be ineﬀective. In the event an attorney is proven ineﬀective for criminal court purposes, this will lead to an opportunity for a new trial. If you believe you have a claim of ineﬀectiveness or plan to see post-conviction relief under Rule 24.035, you should seek an attorney. You have rights, and you should pursue those rights with the assistance of counsel. A Rule 24.035 claim must be made within 180 days of sentencing. Because an SIS does not count as a sentence, the 180 days does not start following issuance of an SIS, although it may apply upon the probation revocation of an SIS. It does apply upon sentencing of an SES. There is no appeal remedy from the issuance of an SIS. A 24.035 claim is ﬁled with a Form 40 , which can be found in the prison library, or through an attorney. A public defender may be appointed for this process if the defendant qualiﬁes.

Alexis was terrified. She was supposed to plead guilty this time. She had met with her lawyer, Dan, and she arrived in court early. She dressed nicely for the occasion, but the only really nice pants she had were too tight, and she was miserable. Dan was moving from client to client in the courtroom. Alexis waived him down, and slipped out of the courtroom. It was clear Dan was busy, and Alexis appreciated that they had already been over all this, but she was just so nervous. Back in the courtroom, Dan was waiting his turn. There were a lot of lawyers, and a lot of people in the room. The Judge had said that anyone that was there to plead guilty would go last. Dan told Alexis that if she wanted to step outside for a cigarette, there was time. They had inmates on the television screen going through bond hearings. Alexis was so thankful she was not in the jail!

Dan stepped in front of the Judge for his turn. Alexis jumped up, then sat back down when Dan called someone else up. She was biting off her fingernails. When she finally got up in front of the Judge, the Judge asked what they were doing today. Lawyer Dan said they were going to enter a guilty plea for a “negotiated resolution”. The judge asked for the details, and the prosecutor, sitting in a suit at the table in front of the Judge, started announcing the details of the plea. Then the Judge spoke to Alexis:

Judge: “Raise your right Hand. Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”

Alexis stumbled through figuring out which hand was her right hand. “Yes” her voice broke. “Yes.” She said again.

Judge: “I am going to need you to speak up. The court reporter is taking down everything we say here today. Can you speak up for me?”

Alexis: “Yes.”

Judge: “Another thing. If you can’t hear me, don’t understand me, or have any questions, will you promise to interrupt me, and let me know?”

Alexis nodded. The Judge looked up at her. “Is that a yes?” She jumped and responded out loud, “Yes, sir, um I mean, Yes, yes, Your Honor.” She looked over at Dan hopelessly, and Dan nodded encouragingly towards the Judge.

Judge: “Good. Let’s get started. Has there been discovery?”

Lawyer Dan: “There has been Your Honor.”

Judge: “Do you believe this plea to be in your client’s best interest?” Lawyer Dan: “I do, Your Honor.”

Judge: “Lawyers can make recommendations, but it is your decision whether to enter a plea of guilty. Do you wish to proceed here today?”

Alexis: “Yes.”

Judge: “What are the charges?”

Prosecutor: Count II: The Class B Misdemeanor of Driving While Intoxicated; and Count IV, the Class E Felony of Resisting Arrest by fleeing, creating a substantial risk of serious physical injury. Counts I and III will be dismissed upon the successful entry of a guilty plea to counts II and IV here today.

Judge: “Is there a negotiated resolution?

Prosecutor: “Yes, your Honor: Two days on the DWI, to be served on house arrest, and an SIS on the Resisting Arrest. All remaining counts to be dismissed upon entry of a successful plea of guilty.”

Judge: “Is that what you expected to hear?” Lawyer Dan: “It is, your Honor.”

Judge: “Mr. Prosecutor, would you please state the nature and the factual basis of the charges?”

Prosecutor: “On the evening of September 1, 2024, the defendant was observed to be speeding and swerving all over the road, repeatedly crossing over the center line. When law enforcement attempted to stop Defendant, she sped up, causing a high-speed chase for several miles and putting several other vehicles at risk before crashing into a ditch. Alcohol was found to be in the car. Defendant ran from the car and was stumbling all over the road and finally fell over, her eyes were bloodshot and glassy, and she smelled of intoxicants. After a field sobriety test, she was transported to the police department, where her blood alcohol level was determined to be 0.12. Defendant’s boyfriend was injured in the accident.

Judge: “Is all of this true?” Alexis: “Yes, Your Honor.” Judge: “How do you plead?” Alexis: “Guilty.” She whispered. The Judge looked up at her.

Alexis: “Guilty.”

Judge: “We need to go over your trial rights. Is there anything your lawyer has refused to do to assist you in this matter?

Alexis: “No.”

Judge: Is there anything your lawyer has failed to do to assist you in this matter?

Alexis: “No.”

Judge: Are you happy with the assistance of your lawyer? Alexis: “Yes.”

Judge: Are you under the influence of any substances here today? Alexis: “No.”

Judge: Has anyone made you any promises or suggestions, or threatened or coerced you or anyone in your family in exchange for your plea of guilty here today?

Alexis: “No.”

Judge: You understand that if you are on probation here or anywhere else, that this could have a negative impact on your probation.

Alexis: “I thought I was just starting probation?”

Judge: “Certainly. I have to advise you that if you were on probation somewhere else, that what we are doing here today could hurt your other probation. Are you on probation anywhere else?”

Alexis: “No.”

Judge: “Then you don’t need to be worried about that part. Moving on. You understand that if you are not a citizen of the United States of America, that this could impact your right to remain in this country?

Alexis: “Um. Yes?”

Judge: “You are pleading guilty because you are in fact guilty. And you understand that there is no coming back from a plea of guilty. You could have a trial, and I could require the prosecutor to prove his case, and you have the right to have your lawyer present to cross examine and question witnesses or subpoena witnesses who have good or important things to say on your behalf? Waiving all of those rights, you wish to proceed with a plea of guilty?

Alexis: “Yes.”

Judge: “I will accept your plea. Counsel, will you be waiving the S.A.R.?” Lawyer Dan: “Yes, your Honor.”

Judge: “Is there any reason not to proceed with disposition at this time?”

Lawyer Dan: “No, your Honor, except that Defendant anticipates being released on an ankle monitor, and she does have to work this evening.”

Judge: “We will figure that out.”

Prosecutor: “We are in agreement with the ankle monitor.”

Judge: “Good. The court finds there is a factual basis for the plea, the court finds beyond a reasonable doubt that the Defendant is guilty of the crime charged. The court accepts the Defendant’s guilty plea. The Court finds that the Defendant understands the charges against her and the consequences of her plea, that the Defendant has been advised of her rights, and voluntarily freely and intelligently waives those rights. The Defendant is able to understand and assist her attorney. There is no reason to believe Defendant has received ineffective assistance of counsel. Defendant has no mental disease or defect. The Defendant’s decision to plead guilty has been freely, voluntarily, and intelligently made.”

Judge: “Is there any reason we cannot move on to disposition today?”

*Disclaimer: This book is intended as an informational resource regarding the criminal court process in the State of Missouri, not to advise you legally concerning your speciﬁc legal situation. This book is not intended to take the place of a skilled and competent attorney. If you or a loved one are facing charges in the criminal courts, you have potential rights at risk, and you need to get an attorney. The choice of an attorney is an important decision, not based on advertising alone. You are not represented by the writers of this book, and the writers of this book are not liable for any reliance on the information in this book. You need to get your own attorney to advise and assist you concerning the speciﬁc facts of your situation. This book was written in 2024 concerning Missouri law and does not apply to the laws of other States. Sometimes laws change. Diﬀerent locations have diﬀerent practices and local rules. This book is not intended to be exhaustive. If you are in need of an attorney, do not rely on this book, GET A LAWYER!

Navigating Divorce in Missouri When Children Are Involved - The Lawyer 4 Me Podcast - Episode 1

Mon, 27 Apr 2026 17:01:56 GMT

How does having children impact the divorce process in Missouri?

Divorce can be emotionally challenging, especially when children are involved. Parents often find themselves not only dealing with the end of their relationship but also negotiating the future of their most cherished priorities, their children. The process becomes emotionally demanding as parents must balance their desires with what is best for their children. This emotional aspect can complicate decision-making, making it critical to remain focused on the children's well-being.

Does the age of the children affect the divorce process?

Yes, the children's ages can influence the divorce dynamics. For instance, teenagers often have stronger opinions and may be less likely to adhere to a strict custody arrangement dictated by a court. The needs and preferences of older children can add complexity to custody decisions.

What feels most uncertain or overwhelming for parents at the beginning of the divorce process?

Many parents are surprised by the emotional intensity of the divorce process. While legal documents can be drafted and advice given, the emotional decision to end a relationship is deeply personal. By the time individuals seek legal assistance, many have already experienced significant emotional turmoil and are often entrenched in their positions, making the initial stages particularly challenging.

How does the Missouri court approach custody decisions when both parents are involved?

Missouri courts operate under the presumption that joint physical and legal custody is in the best interest of the child, though this doesn't always mean a perfect 50/50 split. The law promotes frequent and meaningful contact with both parents, and it's the responsibility of the parent contesting this arrangement to prove why a different custody arrangement would better serve the child's interests. Judges often favor joint custody unless compelling reasons, such as abuse or logistical challenges, suggest otherwise.

In what situations might custody not be split equally?

Custody arrangements may vary significantly in cases of physical abuse or when one parent relocates far from the other. If parents live too far apart to share custody equally, practical challenges like school attendance can prevent a 50/50 split. In such instances, the parent remaining in the child's original jurisdiction may be favored in custody arrangements.

What happens immediately after a divorce case is filed?

Once a case is filed, a temporary custody order is often needed to establish where and when the child will be with each parent. This order helps reduce conflict by providing a clear schedule. Ideally, parents can agree on this schedule, considering the child's routine and needs. However, if agreement isn't possible, a judge may need to intervene to establish an interim arrangement.

What tends to confuse parents when making decisions about their children during a divorce?

The emotional nature of divorce can lead to irrational decision-making. Parents may reach agreements without fully understanding the implications, such as the financial value of certain assets. Lawyers can help evaluate these agreements to ensure they are equitable. When it comes to children, parents often fight passionately, which can complicate negotiations.

What factors influence the final outcome of custody decisions?

The presumption of a 50/50 custody split guides initial judicial assumptions, but factors like proximity to school, parental involvement in the child's education and medical care, and the ability to co-parent effectively can influence the final decision. Courts aim to ensure both parents have the opportunity to be involved in their children's lives, even if historical roles within the family have varied.

What is the difference between legal custody and physical custody?

Legal custody involves the right to make significant decisions about a child's education, health care, and religious upbringing, while physical custody relates to the actual time the child spends with each parent. It's possible for parents to share legal custody even if one parent has primary physical custody due to logistical constraints, ensuring both parents have a say in important life decisions for their child.

Not Guilty Chapter 13 | More about Lawyers

Wed, 22 Apr 2026 13:00:28 GMT

AT ALEXIS’ NEXT COURT APPEARANCE, Charles wanted to know if she wanted to take the “deal”. She didn’t know what to do. She was supposed to work that night. She couldn’t go to jail! She literally waited two hours before her turn in front of the judge came up. She appeared with Charles, who told the Judge she was going to take the deal. The Judge told Alexis to raise her right hand, and swear to tell the truth. The Judge asked her if she was pleading guilty. She was terrified, but she said “no”. She could see Charles huffing and puffing, and getting redder and redder out of the corner of her eye. She said she wanted a new lawyer. During court, she had observed a lawyer who was talking to his clients in the hall. Dan had been the lawyer whose name and number were etched into the wall at the jail. She watched Dan argue to the judge on behalf of his clients. She had never seen Charles do that. She talked to one of the people who had Dan as her lawyer, and that lady told her she was happy with Dan. She gave her Dan phone number. So Alexis told the Judge she wanted Dan as her lawyer. She could see Dan watching awkwardly from across the room. Charles was upset. The Judge asked her if she was “firing” Charles. He suggested maybe they should go out in the hall and talk about this. Charles promptly told the Judge he would withdraw. The Judge asked Alexis if that was okay. “I guess so? Um, yes.” Dan approached but told the Judge that he could not enter until he and Alexis had time to talk. The Judge gave Alexis another court date. Dan approached and pulled out his calendar to schedule an appointment to meet. Alexis asked about the money she had paid Charles, and Dan told her that she would have to talk to Charles about that. Dan told her when she called Charles to ask about the fees she had paid him, she should also ask for a copy of her file. Dan gave Alexis a business card, and then quickly returned to the courtroom. This was Alexis’ sixth court appearance.

Defendants are entitled to eﬀective counsel (lawyers) of their choosing. If a defendant is not happy with his or her attorney, he has the right to discharge (“ﬁre”) his current lawyer and seek a diﬀerent lawyer. The next lawyer likely will not speak with the prospective client until that person has ended his relationship with the last lawyer, and the new lawyer is going to charge their own fees for his or her services. The defendant is entitled to a copy of his ﬁle from the last lawyer, who is required to keep a copy for up to six years. Whether or not the defendant may get a refund from that lawyer will depend on what kind of fee agreement he has with that lawyer, and how much time the lawyer has put into the case at that point. Lawyers are required to keep unearned monies in trust, so if the lawyer has not yet earned all the money paid on retainer pursuant to the fee agreement, a partial refund might be possible. It will be entirely dependent on the fee agreement contract. The new lawyer will expect to be paid for his or her services, regardless of what was paid to the last lawyer.

The court may not allow a defendant to ﬁre an attorney if they do not have another attorney lined up to take their case. If a defendant is wanting to ﬁre a public defender, the court may not allow that attorney to be discharged. There are not unlimited public defenders, and the court may feel like the defendant is better oﬀ with a lawyer they don’t like versus no lawyer at all.

Alexis hired Dan, who went back through much of the same process as Charles had. But Alexis was much more comfortable with Dan. Dan returned most of her calls, answered her questions, and explained things in a way she understood a little better, though sometimes it still felt like he was talking in Greek. Dan did tell her that Charles was a good lawyer, but Alexis was so much happier with Dan as her lawyer.

Dan requested the discovery again, and met with Alexis to review that. He mailed it to Alexis ahead of time, and he also looked over Alexis’ notes about what Alexis felt was incorrect in the police reports. At his office, they reviewed the “dash cam” videos from the police car. Alexis was horribly embarrassed while they listened to her obscenely drunk conversation with the officer on the way to the jail. Alexis asked if she had any defenses. Then Dan had a conversation with the prosecutor about the case. When he and Alexis next met, Dan had a new offer for her:

Plead guilty on the DWI and Resisting Arrest, dismiss remaining counts, two days shock, to be served on the ankle monitor, with an SIS and five years’ P&P.

Translation: Plead guilty to the B Misdemeanor DWI and the E Felony Resisting Arrest for a suspended imposition (SIS) of sentence and five years’ probation on the felony, with two-days shock jail time to be served, but on house arrest, for the misdemeanor. As long as she took the deal, the other charges filed against her would be dismissed. The SIS meant that this would not stay on her record, as long as she successfully completed her probation.

While Alexis appreciated that Dan had taken time to talk to her and help her understand what was happening, she was still scared and confused. She certainly was not happy to be in this situation. Although Dan assured her that the offer was good, Alexis was thinking about demanding her right to a trial. She thought maybe the State should have to prove their case against her. Dan said she was entitled to do that if she wanted. Then he reminded her about the dash cam video showing the high-speed chase, her crashing into a ditch, and climbing out of the car falling over drunk. Dan was convinced that she would be found guilty at trial, and that the offer that had been made was better than risking sentencing after being found guilty.

Not Guilty Chapter 12 | About Prosecutors

Wed, 15 Apr 2026 13:00:02 GMT

THE PROSECUTING ATTORNEY IS an elected position. The people of the county elect a lawyer and give that person authority and the responsibility to accuse people of crimes, and ﬁle those accusations with the court. Prosecutors pride themselves for protecting the community and defending crime victims. Depending on the size of the county, the elected prosecutor may hire additional lawyers for his oﬃce, who are called assistant prosecutors. The accusations ﬁled by the prosecutor’s oﬃce are called Charges , and the Charges ﬁled will either be called a “ complaint ” or an “ Indictment ”. The prosecutor will ﬁle charges based on reports provided to his oﬃce by law enforcement. The sheriﬀ’s deputy, or whatever law enforcement oﬃcer may have conducted the arrest, is typically not a lawyer. He will prepare reports accusing the defendant of a crime, but ultimately the prosecutor (who IS a lawyer) will review that paperwork, and determine ﬁrst whether to ﬁle charges, and secondly what are the appropriate charges. Prosecutors do not ﬁle charges on every case that is presented to them. Perhaps law enforcement made a bad investigation or arrest. Sometimes the prosecutor chooses to ﬁle charges as a diﬀerent crime than the law enforcement oﬃcer thought was appropriate. For example, law enforcement might have felt that an appropriate charge was Assault in the Third Degree, but the prosecutor’s oﬃce might to ﬁle it as Assault in the Fourth Degree, or vice versa. The prosecutor may not choose to ﬁle for every crime he or she felt was committed. They are also allowed to request to amend or change the charges, and they have the right to ﬁle additional crimes, as the court process progresses. For whatever their reasoning, they have complete control over what charges they choose to ﬁle, and they have the right to choose to dismiss charges as well. If they take a case to trial, they surely have thought that through, because they could have dismissed it at any point. The vast majority of criminal cases make guilty plea agreements, which makes sense, because if the prosecutor did not believe in his case, he should have/would have dismissed it along the way. Often times, Defendants will believe that the prosecutor will simply dismiss the charges. While lots of people believe it could happen, it happens very rarely. If the prosecutor believed he had suﬃcient evidence that he ﬁled a crime, it is highly unusual for him to choose to dismiss those charges.

Charges – The formal accusation that the Defendant committed a crime, ﬁled with the court.

Complaint or Indictment – The document used to ﬁle the Charges (accusations) in court.

Not Guilty Chapter 11 | The Range of Punishment

Wed, 08 Apr 2026 13:18:16 GMT

* ** DISCLAIMER: If you are charged with a crime, you need a lawyer! Certain oﬀenses have individualized requirements. For example, a ﬁrst-time DWI (Driving While Intoxicated (which is basically the same as a DUI, driving under the inﬂuence) (one may be referring to alcohol while the other may be referring to drugs) is generally ﬁled as a Class B misdemeanor, and may require two days in jail. A fourth-time “chronic” DWI is generally ﬁled as a Class B Felony and requires two years in prison. Sex oﬀenses can require an oﬀender register on the sex oﬀender registry. There is such a thing as an unclassiﬁed felony! A life sentence in the State of Missouri is classiﬁed as 30 years, but some oﬀenses don’t have a statutory maximum. This is not an all-inclusive list of potential outcomes. It is very important that you discuss these things with an attorney!

Misdemeanors*

Up to one year in jail, or up to a $2,000 ﬁne, or some combination thereof.
Up to six months in jail, or up to a $1,000 ﬁne, or some combination thereof.
Up to ﬁfteen days in jail, or up to a $750 ﬁne, or some combination thereof.
Up to a $500 ﬁne. Infraction. Up to a $400 ﬁne.

Felonies**

Ten to thirty years in prison.
Five to ﬁfteen years in prison.
Three to ten years in prison, or up to a $10,000 ﬁne, or some combination thereof.
Up to seven years in prison, or up to a $10,000 ﬁne, or some combination thereof.
Up to four years in prison, or up to a $10,000 ﬁne, or some combination thereof.

* ** Disclaimer: If you are charged with a crime, you need a lawyer! Certain oﬀenses have individualized requirements. For example, a person charged as a “ prior oﬀender ”, or as a “ persistent oﬀender ”, or as a “ prior and persistent oﬀender ” may be subject to increased maximums and or increased minimums. This is not an all-inclusive list of potential outcomes. It is very important that you discuss these things with an attorney!

Persistent Misdemeanor Oﬀender – The Defendant has previously been found guilty of two or more A or B Misdemeanor oﬀenses committed at diﬀerent times.

Prior Oﬀender – The Defendant has previously been found guilty of one felony.

Persistent Oﬀender – The Defendant has previously been found guilty of two or more felonies committed at diﬀerent times.

Dangerous Oﬀender – The Defendant has been found guilty of a class A or B Felony, or a dangerous felony, and is being sentenced for a felony where he murdered or endangered or threatened the life of another person or knowingly inﬂicted/attempted/threatened to inﬂict serious physical injury on another person.

Section 558.016 RSMo. (2024)

Alexis arrived for her appointment with her lawyer, Charles. He started by going over what she was charged with. He kept trying to tell her she could have been charged with more stuff.

Class B Misdemeanor, Speeding, over 25 over. Range of punishment, up to six months in jail.
Class B Misdemeanor, Driving While Intoxicated. Range, up to six months in jail.
Class A Misdemeanor, Careless and Imprudent Driving. Range, up to one year in jail.
Class E Felony, Resisting Arrest by fleeing, creating a substantial risk of serious physical injury. Range, up to four years in prison.

She panicked. She could be a felon? Lose her right to vote or carry a firearm? She could get four years in prison for this??? She felt sick. Charles just kept saying they had discussed this before. Alexis could feel a panic attack coming on. Charles did not seem to care about anything. She was convinced he wasn’t paying attention to their conversation. There was clearly something else on his computer screen. Charles went on. The prosecutor had made an offer for probation: an SIS, with ten days in jail, and a lot of community service. Alexis’ head was whirling. Probation. SIS. She did not understand. TEN DAYS IN JAIL??? She had no idea what was going on. She could not even think what to ask. Charles wasn’t explaining. She didn’t know what to do.

Not Guilty Chapter 10 | Options – Trial or Plead Guilty

Wed, 01 Apr 2026 13:30:06 GMT

THE BASIC OPTIONS, on the broadest of spectrums, are either to enter a guilty plea, or to have a trial. Lots of people get mentally stuck here. They won’t plead, and they’re scared of trials. More speciﬁcally, every case is diﬀerent. There are diﬀerent ranges of punishment available, and the defense attorneys will attempt to negotiate with the prosecutor to try to reach an agreement regarding potential outcomes, if the case is not going to trial. Sometimes, agreements can be reached to reduce the or amend the charges. It is like changing the label on a can of soup. Something happened, they’re just going to relabel it. Assault in the First Degree could potentially be reduced to Assault in the Second Degree. Delivery of a Controlled Substance could be reduced to Possession of a Controlled Substance. Maybe, with some creative facts, the label can be changed entirely: Speeding might be amended to Defective Equipment (a non-moving violation which is better regarded by insurance companies and does not impact a driving record to the same degree). Nothing says the prosecutor must negotiate. Sometimes they will refuse. They may cite their duty to protect the community. The Defendant may also not want to negotiate. The defendant may choose to stand on his or her innocence. If there is not going to be a guilty plea or some other form of negotiated resolution, and if the prosecutor is not willing to dismiss the case (which they almost never do), then the case must go to trial.

This is not something to take lightly. If you are in this situation, you need a lawyer. Do not just rely on this book. You are not represented by this book. Find competent counsel to review the speciﬁcs of your case and your situation. You have rights on the line.

Not Guilty Chapter 9 | Preliminary Hearing and Grand Juries

Wed, 25 Mar 2026 13:30:01 GMT

ALL MISSOURI CRIMINAL CASES BEGIN in associate court . Felony cases climb the ladder into circuit court. The process of ascending from associate court to circuit court has its roots in ancient justice systems, where people sometimes just disappeared. Family and loved ones did not know what was happening, and court was not open to the public, or open record. Today, in the State of Missouri, in order for a person to be charged with a crime, probable cause must be produced to justify, by a preponderance of the evidence, charging the defendant with a crime. One police report, titled a probable cause statement , must be ﬁled with the case, and a judge must be satisﬁed that probable cause exists. Because that judge has then reviewed the evidence and might later be biased when determining guilt or innocence, it would not be fair to have the same judge review the evidence for probable cause to justify the ﬁling of a crime, and also for a determination of guilt or innocence at trial. The case must move on to a diﬀerent judge for trial. Hence felony cases moving up the ladder from associate court, where the associate judge makes a determination of probable cause that evidence exists to justify charging a person with a crime; to circuit court, where the circuit judge will preside over the remaining proceedings, including a trial.

Associate Court – The lower level, local county court, manned by the elected county circuit clerk and

the elected county judge(s). Misdemeanors and other matters are heard in Associate Court.

Circuit Court – The upper level, local county or circuit (multi-county) court, headed by elected circuit

judges. Felonies and other matters are heard in Circuit Court.

Probable Cause – evidence explaining the alleged crime.

Probable Cause Statement – the one police report ﬁled with a criminal case used to justify the ﬁling

of charges.

The process for determining probable cause can be accomplished either through a preliminary hearing , or by means of a grand jury . Because the standard of review for a preliminary hearing is lower (the question is whether, by a preponderance of the evidence, evidence exists to accuse the defendant of a crime), preliminary hearings are very often found in favor of the State. Defense attorneys will often waive preliminary hearings, because it tends to aggravate prosecutors to have to put on evidence at a hearing. The legal argument is often made that this violates the defendant’s rights, but it tends to be the way things go. Given that these hearings generally go in the state’s favor, because there are other methods of investigation outside of conducting this hearing, and to maintain a bridge for negotiation, defense attorneys frequently waive preliminary hearings. Once preliminary hearings are waived, the case is transferred to circuit court, and a “-01” is added to the case number. Again, a timeline comes into play. A defendant must be arraigned in circuit court, and certain rights must be addressed or waived promptly. For example, in order to request that change of judge or venue, it must happen within ten days of arraignment. Discovery is due within ten days of arraignment after it has been requested. If you have rights on the line, get an attorney! Don’t try to do this on your own!

Preliminary Hearing – an initial hearing to determine whether probable cause exists to justify

charging the defendant with a crime. This hearing is held before an associate court judge.

Grand Jury – a hearing before a jury panel to determine whether probable cause exists to justify

charging the defendant with a crime

Indictment – The initial charging document, issued by a grand jury, and ﬁled in court to initiate

criminal proceedings.

Information or Complaint – The charging document ﬁled in court to initiate criminal proceedings.

The other means from associate court to circuit court is through a grand jury. Some counties use grand juries frequently. Some do not use them at all. The grand jury consists of a panel of jury members, and they meet in secret. Even if the defendant knew the grand jury was meeting, the defendant does not have a right to be present, and does not have a right to be heard or oﬀer evidence. If the grand jury determines that enough evidence exists (probable cause) to justify charging a person with a crime, the grand jury will issue an “indictment” charging the defendant with a crime. The case will then go on to circuit court.

About venue . Venue is simply location. Criminal cases are heard in the county where the alleged crime took place. A change of venue will impact where the proceedings take place, and it will impact where prospective jurors come from. It will not cause a change in court personnel. If a change of judge isn’t requested, the case will still be assigned to the same judge, and it will still have the same prosecutor. They will all just have to drive to the new location for court. If incarcerated, a defendant may be held at the jail of the new venue. The jury will come from whatever venue is assigned. A change of venue will also likely remain somewhere in the same judicial circuit (for multi-county circuits), so be careful considering your options. If you have questions about venue or any other legal matters, you should consult an attorney.

Venue – Location. Criminal cases are heard in the county where the alleged crime took place.

Docket – The list of cases to be heard in a day.

Alexis and Charles the lawyer arrived for court for her preliminary hearing. When it was her turn, Charles called her up, and informed the Judge that they would be waiving their preliminary hearing. Alexis was not sure what that meant. The Judge asked her if that was what she wanted to do, and she looked panicked back and forth between Charles and the Judge. The Judge told Charles to take a few minutes to talk to his client. “It is just a rubber-stamp hearing”, he told her in the hall. “The Judge always grants them. This is not about guilt or innocence. It is just about whether they have evidence. We need to make sure we preserve the ability to negotiate with the prosecutor for you.” Still scared and confused, Alexis followed Charles back in front of the Judge, and agreed to waive her preliminary hearing. She was given another court date, this time for circuit court, whatever that meant, and she was shuffled back out of the courtroom. This was her fourth court appearance.

Her fifth court appearance was in circuit court, in a different room in the same building with a different judge. Charles appeared, called her up, waived arraignment, and asked for a continuance. He wrote down her next court date for her, and asked her to schedule an appointment to see him to discuss options.

Braxton found himself in circuit court via indictment by the grand jury. His case was not filed before the date the jail had given him for his first court appearance, and he was not notified of the new court date. He would have been arrested for failing to appear had his attorney not observed his name on the docket (the list of cases to be heard that day). His attorney called Braxton and got a voicemail. He then called Braxton’s bondsman, and his mother, who eventually was able to reach Braxton and tell him to get to court. He showed up late, in a rush, in a muscle shirt, Khaki shorts and flip-flops, with marijuana earrings. The Judge instructed his attorney to discuss proper courtroom attire with him and warned him that he would be refused entry if he appeared in such attire in the future. Braxton’s attorney waived arraignment and entered a plea of not guilty. He requested a suppression hearing.

Not Guilty Chapter 8 | Other Consequences

Wed, 18 Mar 2026 13:30:01 GMT

OFTEN TIMES, CONSEQUENCES ARISE from criminal charges that don’t directly relate to the pending criminal court case. For example, if a person picks up a criminal case for possession of drugs, his or her ex my decide to reopen their custody case, out of concern (or spite) (or both) for their joint children. Perhaps a person picks up a criminal case for possession of drugs and has their kids in the car. They may be charged with endangering the welfare of the children, and if arrested and their children have no where to go, Children’s Division and Social Services may become involved, leading to a potential juvenile court case. If there was a bad accident, in addition to a criminal charge for careless and imprudent driving, there may be a civil law suit for damages. In the example used in this book, the alleged DWI has led to a driver’s license suspension, and may create the need for a court case relating to the status of the defendant’s driver’s license.

Driving Privileges – The legal ability to drive.

This book is intended to address the criminal court process in simple and easily understandable terms; to reduce confusion, this book will not also address driving privilege issues. If you are facing issues associated with the legal status of your driver’s license, you need to consult an attorney. There are short suspensions, long suspensions, potential hardship privileges that can be requested of and approved by the court, reinstatements, and permanent suspensions. Much of the above requires court action. This creates a whole new set of court dates and court appearances, and additional expenses, from hiring another lawyer, to increased insurance costs, treatment, ignition interlock devices, etc. If a person is caught driving on a suspended license, that is a whole new criminal charge, more court dates, more attorney fees, and other potential consequences. Pleading guilty to driving while suspended will not only impact that criminal case, but also the current status of the person’s legal ability to drive.

As an aside, it is not a good idea for a defendant to drive him or herself to court if driving on a suspended license. From time to time, judges will ask how a person got to court. If your license is suspended, you must not be driving at all.

If you are facing a suspension of your drivers license, needing a reinstatement, or some other action relating to the legal status of your driving privileges, you need to consult an attorney concerning that issue.

Not Guilty Chapter 7 | Discovery

Wed, 11 Mar 2026 13:30:00 GMT

ONCE AN ATTORNEY IS RETAINED , whether that be privately hired counsel or a public defender, the next step is for that attorney to request “discovery”. Discovery is all of the information that the State (the prosecutor) has concerning the defendant relating to the case at hand. Discovery may consist of a number of things, including but not limited to police reports, lab reports, pictures, or in the case story in this book, dash camera videos. The State is required to hand the information over within ten days of the formal request for discovery after arraignment in circuit court, and they are required to hand over everything they have. The defendant’s attorney will need to review the information in the discovery for potential defenses. He or she should also review a copy of that discovery with the defendant, to verify its accuracy, and for any additional, useful information the Defendant may have to add. The attorney or defendant may want to conduct additional investigation, through pictures, social media posts, visiting the scene, speaking with witnesses, or other things the attorney may suggest. Depositions are formal interviews of witnesses under oath. These additional strategies can cost additional monies, which should be discussed with the attorney handling the case. Not all of these forms of investigation will apply to every case. Anything the defendant can gather by him or herself will save both time and money and should be provided to the attorney. Once the attorney has reviewed all the information available, he should counsel the Defendant on his options.

Discovery – All of the police reports and other evidence.

Depositions – Formal interviews of witnesses under oath.

Alexis made an appointment to meet with Charles the lawyer. She had called now several times with questions, and Charles’ secretary rarely ever put him on the phone. When she did speak with Charles, he just told her that when he had information for her, he would reach out. Of course, when Alexis broke her phone and got a new number, Charles was not exactly the first person she thought of. At their last court appearance, her third, Charles was upset because he had not been able to reach her to go over the discovery. She still wasn’t sure what “discovery” meant. Charles had actually looked annoyed as he asked the Judge for another continuance to go over the discovery with his “client”. So here they were in his office. It was fancy. Expensive. She was a little nervous just sitting in that leather chair. His secretary had totally ignored her. She finally got in, and he gave her a whole stack of paper. “This is your discovery; you need to review this.” As she began to look through it, she became upset! “This is not right! This is not how it happened!!” She complained. He told her to mark and write notes on everything in the paperwork that was not correct, and then bring it by his office for his secretary to make a copy. Everything was jumbled in her mind, and Alexis couldn’t think of all questions she had wanted to ask.

Charles also had looked up her driving record and discovered that her driver’s license was suspended. She hadn’t received a notification in the mail, but she also hadn’t updated the address on her driver’s license the last time she moved. He cautioned her that it was not legal to drive until the period of her suspension was up. “You cannot be driving,” he told her. How was this even possible, she wondered? How was she supposed to get to anywhere without driving? She couldn’t even get home from this appointment without driving. Charles proposed that they could talk about going to court for a limited driving privilege. She wanted to know how much that would cost, but he said not to bother, because her suspension would likely be over before they managed to get a hearing over it. “Just don’t drive. Get a ride. And don’t catch another DWI. The next suspension would be much longer.”

Not Guilty Chapter 6 | About Hiring Lawyers

Wed, 04 Mar 2026 14:30:00 GMT

COURTS DO NOT LIKE people to represent themselves, especially in criminal court, and especially if they are charged with felonies. People have too many rights and too much at risk not to have a lawyer. But lawyers are often expensive! Hiring a local lawyer is practical, because that lawyer should be familiar with the local parties involved (the judge and the prosecutor), and those people’s habits and practices. On the other hand, a lawyer from out of town may be less concerned with oﬀending those people, or not have a past history with them. Lawyers from out of town will probably cost more because they have to travel for court. When shopping around for lawyers, ask about how much they cost. Ask about how many trials they have conducted in the past, how long they have been practicing, or their practice areas. A person would probably want to know if their lawyer’s true specialty is contracts or wills. A lawyer who has been around and knows what he or she is doing should not shy away from these questions.

Public Defenders – are attorneys provided for people who cannot aﬀord to pay a lawyer.

The Public Defender is available for people who cannot aﬀord to pay a lawyer. The Public Defender has strict income and other guidelines. If people have assets or the means to hire an attorney or post their own bond, they will likely not qualify for a public defender. If a defendant truly cannot aﬀord counsel, he may request an “indigency hearing” to ask the court to require the public defender take that case. This may be scheduled for a later date. At that hearing, the defendant might bring proof of their income and bills, and some quotes from a couple diﬀerent attorneys, to attempt to prove to the judge that he or she cannot aﬀord to hire a lawyer.

Lawyers are required to follow the Rules of Professional Conduct, which lay out the rules and ethical conduct by which they must practice. Attorneys are required to ﬁght for their clients to the best of their ability within the Rules of Professional Conduct, which includes a duty of honesty to the court, and not to ﬁle actions that are a waste of time. This is not an exhaustive list or review of the Rules of Professional Conduct. For additional questions regarding these rules, consult an attorney.

Alexis appeared for her second court date. She could see her lawyer, Charles, wandering about the room, chatting with other lawyers, other Defendants, the courthouse security (called “bailiffs”), and even the Judge! Charles did not chat with her. The judge asked the lawyers if they were ready, and Charles called her up. The Judge then asked Charles, “What says the defendant.” Huh? Charles responded with, “We will waive arraignment, Judge. Defendant pleads not guilty. Please reset this to your next available date. We don’t have discovery yet.” It was English, but she had no idea what had just been said. Just like that she was given another court date, and they were shuffled back out of the courtroom. She had no idea what had just happened.

Not Guilty Chapter 5 | Arraignment

Wed, 25 Feb 2026 14:30:00 GMT

THE COURTS ARE REQUIRED to make the defendant aware of the charges against him or her, and the range of punishment associated with those charges. Arraignment simply means, a reading of the charges. Often times it is embarrassing for the defendant to have the charges read in front of a courtroom full of people, and the Judges don’t really want to read all that to every person in the room. It is relatively standard practice to waive arraignment. That said, there are timelines that come into eﬀect when arraignment is had. For example, a request for a change of judge or venue must be made within ten days of arraignment. Do not make this decision on your own. Get a lawyer to assist you.

Arraignment – A reading of the charges.

Not Guilty Plea – It is standard procedure to plead not guilty at the beginning of a case.

Guilty pleas are only made once all discovery, evidence, and options have been weighed.

Generally once bond is set and arraignment is waived, the court sets the case out for a period of time for a follow-up court appearance regarding the status of the case. It is hoped that before the next court appearance the defendant will hire an attorney to represent him or herself.

A plea of not guilty is standard procedure. There are many rights at play associated with entering a plea of guilty, and that won’t be done until after receipt of the discovery (police reports and other evidence), and the lawyer and client have the opportunity to review the case and applicable rights together, outside of court. Default to “not guilty”. A plea of guilty is only entered intentionally, discussed ahead of time, and when everyone is ready.

Not Guilty Chapter 4 | Those First Couple Court Appearances

Wed, 18 Feb 2026 14:30:00 GMT

ALEXIS ALMOST FORGOT about her first court date. Her bondsman called to remind her. He wasn’t friendly. She called the courthouse to tell them she didn’t have a ride, and they were not sympathetic. She desperately called a couple lawyers she found listed online, and discovered that lawyers were expensive! Terrified, she went to court alone, in her pajamas. Her bondsman, the one whose name was etched into the wall at the jail, was sitting in the back of the courtroom, and looked like everyone else in the room: Poorly shaven, in wrinkled, mis-matched clothes. She waited well over an hour. She watched inmates paraded in and out of the room. She watched other inmates appear over the television screen. She was so thankful that was not her. She watched the bailiff pull out the handcuffs and take someone away. She was terrified. She listened to other people’s excuses while standing in front of the judge. They called her name, and the whole world stopped. She couldn’t think. She was shaking as she approached the front of the room. The Judge seemed unimpressed with her appearance, or anything else, and asked how much time she needed to hire a lawyer. She awkwardly explained, in front of a room full of people, that she really couldn’t afford any of those lawyers she had called, so she supposed she would just go ahead without one. The Judge informed her there were rights and risks in representing herself, and that she would be much better off if she had a lawyer. He asked if she knew what she was charged with, and then instructed her to fill out a Public Defender application. She was given another court date for “arraignment” and told to come back. She fled the courthouse.

Not Guilty Chapter 3 | The Bond

Wed, 11 Feb 2026 13:00:01 GMT

IF THE CHARGES ARE FILED within the ﬁrst twenty-four hours, the Defendant may be held past 24 hours. Missouri Supreme Court Rule 33 requires the Defendant be brought before a Judge “as soon as is practicable but no later than seven days” to address the issue of bond. R33.05. Supreme Court Rule 33 oﬀers an entitlement to release, based on conditions, including whether the Defendant will appear in court, whether he will submit to orders, not commit any new oﬀenses or tamper with any victim or witness, and whether he will comply with his bond conditions. The courts look to factors in determining what is an appropriate bond: the danger to the victim; the danger to the community; and whether the Defendant is a ﬂight risk. Information like the Defendant’s ties to the community, such as family, physical address and employment, are useful to the Court. The Judge will make a decision concerning bond, which could be anything from “no bond” to “release on own recognizance” (“ROR” or “OR”), which does not require posting a dollar amount with a bondsman. Sometimes it is necessary to hire a bondsman. Sometimes the judges get creative, and require some kind of supervision, like a family member or supervising agency or GPS monitor. The courts will often include conditions of bond, which may include no contact with a victim, no use of illegal substances, not to leave the State, or other creative concepts.

Bond – The conditions associated with some form of release from jail. This usually includes money, and may require a bondsman. It may also require additional conditions.

Cash bonds – A bond paid in cash in the full amount required by the court. The beneﬁt to a cash bond is that the defendant will receive a refund at the end of the case, minus any outstanding costs or ﬁnes. The downside is that they are often expensive.

Surety Bond – posting only a portion, usually 10%, of the bond required by the court. A surety may also refer to the bondsman who will provide surety that the defendant will show back up.

Bondsman – an individual who works with defendants to assist them in posting bond from the jail. The defendant typically, but not always, pays the bondsman 10% of the bond required by the court, or whatever the agreement with the bondsman may be, and the bondsman posts the full bond with the court. The bondsman is responsible for ensuring the defendant shows back up for court.

A bondsman may also be called a “surety”, and he will generally ask for payment in the amount of 10% of whatever the dollar amount set as bond by the court. Sometimes, bondsman will cut deals on that amount, or agree to a payment plan. Cash bonds can be posted directly with the court, and at the end of the case, those bonds will be refunded to the defendant (not whatever family member posted it for them), minus whatever costs and fees the Defendant owes at the end of the case. If posting bond through a bail bondsman, the Defendant will be subject to whatever contract he has with the bondsman, and he will receive no refunds unless his contract allows for it, which would be unusual. In the event that a Defendant stops making his payments to the bondsman, or otherwise violates his bond conditions, the bondsman may choose to drop his case and turn him back in. If the defendant runs, the bondsman is expected to try to locate him, or the bondsman may have to forfeit the money the bondsman posted on Defendant’s behalf.

*Disclaimer: This book is intended as an informational resource regarding the criminal court process in the State of Missouri, not to advise you legally concerning your specific legal situation. This book is not intended to take the place of a skilled and competent attorney. If you or a loved one are facing charges in the criminal courts, you have potential rights at risk, and you need to get an attorney. The choice of an attorney is an important decision, not based on advertising alone. You are not represented by the writers of this book, and the writers of this book are not liable for any reliance on the information in this book. You need to get your own a orney to advise and assist you concerning the specific facts of your situation. This book was written in 2024 concerning Missouri law and does not apply to the laws of other States. Sometimes laws change. Different locations have different practices and local rules. This book is not intended to be exhaustive. If you are in need of an attorney, do not rely on this book, GET A LAWYER!

Not Guilty Chapter 2 | The Initial Incarceration

Wed, 04 Feb 2026 14:00:11 GMT

WHEN AN ALLEGED CRIME has been committed, the state prosecutor’s oﬃce located in the county where the alleged crime has been committed has 24 hours to ﬁle charges, or the defendant must be released. There are applicable time periods during which the State must ﬁle charges, called the statute of limitations , and if the State waits too long, charges can no longer be ﬁled. Generally, the State has one year to ﬁle misdemeanors, and three years to ﬁle felonies, but there are many exceptions. For example, there is no statute of limitations on murder. To get information on a speciﬁc situation, contact a licensed attorney in your jurisdiction .

Allegations – things accused of happening but not proven yet.

Prosecutor – The role of the State Prosecutor’s Oﬃce is to bring charges for alleged crimes into the court system. The Prosecutor’s oﬃce may also be referred to as the “prosecuting attorney”, “PA”, the “prosecutor”, the “assistant prosecuting attorney”, “APA”, the “district attorney”, the “DA”, or the “State”).

Defendant – The person accused of committing a crime. The defendant and/or his attorney may also be referred to as the “defense”.

Jurisdiction – The location where the alleged crime took place (jurisdiction also addresses the authority over a location, persons or events).

Alexis was initially dropped off, after a thoroughly invasive pat-down, at the County Jail in the “drunk tank”; a dank, filthy cell, where she passed out on a damp, stained mat, until sometime in the morning when she started puking again. She leaned against the door and called for help, and the jailers did not respond. She passed back out shortly thereafter, and woke up later, choking and covered with puke, with a raging headache. She finally had the wherewithal to ask to use the phone, and then couldn’t reach anyone whose number she could actually remember. She was given a severely limited amount of time to make phone calls. The phone numbers for a couple bondsman and one lawyer had been scratched into the wall. She called one of the bondsman, who showed up roughly an hour later. It took law enforcement the better part of twelve hours to figure out who she actually was. At midnight, not quite 24 hours after the initial arrest, they released her out the back door with a date to appear in court, in the same clothes she had come in wearing, still smelling of vomit, with her belongings in a wrinkled paper bag tucked under her arm. Her cellphone was dead. Her bondsman called a family member for a ride.

Braxton was transported by ambulance to the hospital. His family was notified that he was in the hospital, and his family hired an attorney and bondsman before he ever left the hospital. Once the hospital determined that he was fit for confinement, he was transported to the jail. His bondsman posted his bond within an hour of his arrival at the jail and before they ever got around to changing him into an orange jump suit. He was notified of what his court date would be. He made no effort to assist Alexis in posting bond from the jail.

Not Guilty Chapter 1 | Example Scenario: Introducing Alexis and Braxton

Wed, 28 Jan 2026 01:20:40 GMT

THE CUTE LITTLE SPORTS CAR was red, but you couldn’t tell in the dark. She was out party-hopping, and she was in a fabulous humor. Her boyfriend was kind of passed out in the passenger seat. The radio was blaring while she chattered into her cellphone, laughing over whatever was being said on the other end. She took over steering with her knee while quickly pecking out a response to a text. The boyfriend leaned over and started gagging, and the car jerked from side to side in the lane while she screamed at him for puking in her car. She noticed flashing lights in the distance behind her. She sped up. The lights sped up. She was going approximately 80 in a 55. She skidded around a bend in the road, almost lost control, over compensated, slammed on the brakes, wove from one side to the other, spun around, and stopped hard. She was lucky she hadn’t flipped the car. As the officer approached, with a giggle, she took off again . . . and promptly crashed into a ditch. More cop cars started arriving. They caught her on dash cam staggering and stumbling while trying to walk; a bottle fell out of the car behind her. The officers were laughing in the background. She argued and cussed at them while they put the cuffs on her. In the police car, the officer asked her to recite the alphabet, from G to S without singing. “A, B, C, wait. Where did you say to start? D, E, F. Oh, G. A, B, C, wait. G, H, I, L, M, O, this is dumb, why are you doing this to me? Just . . . fine! G, H, I, J, L, M, O, P, she paused, R, S, T, U, V, X, Y, wait, did you tell me to stop somewhere? Where did you tell me to stop? I think I’m going to throw up. OMG, take the stupid cuffs off, like, I’m going to puke…!” The preliminary field sobriety test read 0.12, significantly over the legal limit. She jabbered the whole way to the jail, while the cop casually asked what she had been doing that evening. She told him all about the party . . . Parties. Where she had been, how much she might have had to drink, periodically arguing with him, vomiting, cussing him out, and finally leaning slumped in the side of the car. She had forgotten her purse somewhere along the way that night, and she conveniently gave them the wrong name. We are going to call our friend Alexis.

Some Potential Offenses for Alexis:

Class B Misdemeanor, Speeding, over 25 over.
Class B Misdemeanor, Use of Electronic Communication Device (Texting) While Driving, Causing Serious Physical Injury to Another.
Class B Misdemeanor, Driving While Intoxicated.
Class B Misdemeanor, Identity Theft.
Class A Misdemeanor, Careless and Imprudent Driving.
Infraction, Failure to Wear a Properly Fastened Seatbelt.
Class E Felony, Resisting Arrest by Fleeing, Creating a Substantial Risk of Serious Physical Injury.

Alexis’ Additional Potential Consequences

Driver’s License Suspension.

Alexis’ boyfriend might have walked away a free man, had he been conscious. Whether he was unconscious because he was passed out, or due to the gash across his face from the accident, was unknown. When they couldn’t rouse him, they called emergency medical services, and they pulled his wallet in an attempt to ID him. That was where they found the first line of cocaine. In the backpack at his feet, the one with his name stitched on the outside, they found two large baggies of cocaine, with several empty bags for packaging and a digital scale, hidden inside an interior pouch. His name was Braxton.

Some Potential Offenses for Braxton:

Class D Felony of Possession of a Controlled substance (for the stuff in his wallet).
Class D Felony of Possession of a Controlled substance (for the stuff in his bag).
Class C Felony Possession of Drug Paraphernalia (the baggies and the scale).
Class C Felony of Delivery of a Controlled Substance (due to the large quantity in his bag, and the packaging materials).

The Ultimate Child Custody Trial Prep Workbook

illuminatedesignsllc@gmail.com (Kara McNabb) — Wed, 05 Feb 2025 21:53:08 GMT

Pro Tip: Document Everything! And document it concisely, in order, in one place.

I want to tell you about this workbook/journal I made, The Ultimate Child Custody Trial Prep Workbook . I have conducted tons of trials, and I frequently have clients in my office complaining about their struggles co-parenting. Then when it comes time for trial, they don’t remember the specifics. They can only offer one or two examples, and it is not enough. I have been telling people for years to get a notebook, and write brief notes on each page, and to staple receipts in along the way. Then it would all be in one place, in order. Well, I have made the notebook, and it is not expensive! You can buy it on Amazon , in grey, pink, or with storm clouds.

This book has the potential to make or break a custody case. So many people complain: “He never actually exercises his custody. He doesn’t spend any time with them.” Or, “She won’t let me have them on my time.” But then they don’t write any of that down, and when it comes time for court, they don’t remember specific dates or times. This book contains dual calendar pages: one for what the custody schedule is supposed to be, and one to write down how the schedule actually played out in real life. People also complain about how their ex never pays for anything, but they don’t keep track of those expenses. There is space in the book for both notes and expenses, space for exhibits, and space for documenting contact information for witnesses. Tape receipts into the book! Like the bill from the orthodontist’s office. Tape pictures into the book!

This is what other lawyers have said: “It will teach them what to do,” and “it could be filed as it’s own exhibit,” and “this is the information they need to have.” These are the words out of the professionals’ mouths! Properly kept, with the right information, this workbook could make or break a custody case.

Get your own copy of The Ultimate Child Custody Trial Prep Workbook on Amazon today! Click here to purchase

Coming soon! Exhibit #1: Visitation Log 2025; The Ultimate Conservator’s Workbook; and Understanding Missouri Criminal Court Cases, a Simplified Walk Through the Process, for Those Who Are Experiencing It.

Missouri’s Free Family Law Court Forms

Wed, 19 Jun 2024 15:23:12 GMT

Missouri’s Free Family Law Court Forms

The Missouri Court’s website has FREE forms available, approved by the Missouri Supreme Court, for use by people needing/wanting to represent themselves in court. The forms are lengthy, fill-in-the-blank, and FREE. There will still be expenses: filing fees, service fees, etc., but these documents have been approved for the public to use if a person plans to represent themselves. Did I mention that the forms were FREE? You can use these forms, rather than hiring an attorney, and rather than using this website for drafting your documents. I will say again that it is always in your best interest to have an attorney, but we recognize that sometimes that is not feasible. I have had prospective clients show up at, or call my office, with these forms in hand, confused or scared. There is a lot to them. But they are available for public use.

These forms can be found at www.courts.mo.gov. Find the link to Court Forms at the top of the page. For our purposes here, you are looking for Family Law Forms, but there are other forms available as well. There is a thirty-minute video available in the Family Law Forms under Litigant Awareness Program that offers details about the process for representing yourself, as well as links to additional information. Upon completion of the video, you can print a certificate stating you watched the video, and the courts are likely going to want you to provide that certificate with your documents. Even if you are hiring this firm to put your documents together for you, you should still watch this video and produce the certificate for the court. The video contains valuable information about the process you are getting ready to embark on.

The Structure of a Missouri Family Court Case in 2024

illuminatedesignsllc@gmail.com (Kara McNabb) — Mon, 06 May 2024 15:05:37 GMT

For our purposes here, we will talk about a contested divorce case for custody purposes. The same general concept would apply to a paternity case (a custody case between unmarried individuals), or a custody modification. Every case is different. This is a very basic explanation. It is always best to hire a licensed attorney. This firm offers limited scope representation for drafting purposes only, to help people who can’t afford an attorney to prepare paperwork for filing their case on their own. This firm will not be involved with the court process.

Step 1: Drafting. All the necessary documents must be prepared, reviewed, signed (some in front of a notary). Redacted versions must also be prepared, blacking out personal information for all parties (not just yourself).

Step 2: File your case. Walk your documents into the courthouse. Attorneys are required to file electronically, but non-lawyers will should walk it in the door. If the court clerk wants the documents submitted in some other way (i.e. mail, fax, etc.), they should tell you that. There will be a filing fee associated with your new case. Every jurisdiction (location) has its own set of local court rules that you should look into, they may require some other specific steps. Make a note of your case number, and keep copies of all of your documents. The clerk should also give you a summons for service.

Step 3: Serve Respondent. When you file an action, you are generally required to formally notify the other side. Ask the local county sheriff’s department (or hire a process server) to serve the Respondent for you. There will be a cost associated with this request. Call and ask for their “civil process division”, and ask specifically what they need from you. They will likely want a letter with instructions, two copies of the summons, a stamped return envelope, copies of all the documents, and payment. After they have served the other side, they will mail to you proof of service, which you will need to file with the court.

Step 4: Answers. Respondent generally needs to file an Answer, and generally needs to file that within 30 days. The Respondent may also choose to file a counter claim. Again, walk that in the door.

Step 5: Counter Claims. If Respondent filed a counter claim, the Petitioner will generally need to file an answer to that document within 30 days.

Step 6: Discovery. Each side may request interrogatories (a list of questions for information relating to the case) or a production of documents from the other side. They must send the other side notice of their request, and must file a “certificate of service” notifying the court that they have made this request of the other side.

Step 7: Settlement Negotiation. You and the other side may be able to reach an agreement regarding the ultimate outcome of the case.

Step 8: Trial setting. If there is no settlement agreement, once the documents/evidence/investigation are prepared, you may schedule a court appearance, and ask the judge to set a trial. If you schedule a court appearance, you must notify the other side, and provide a copy of that notice to the court.

Step 9: Trial. This is exactly what it sounds like. Each side presents their evidence, and the judge makes a decision. It will not be as exciting as what you see on television, but some tv shows present the right concept.

Step 10: Judgment. The court issues a judgment, either based on the trial, or based on the settlement agreement.

Step 11: After Trial Motions. If you get to this point, you really need to get a lawyer. If you are not happy with the court’s judgment, you have a very limited time frame to act. Talk to an attorney immediately.

Step 12: Custody modifications. Modifications of the judgment for custodial purposes can be requested based on a substantial change in circumstances. They will follow the same outline, starting with Step 1, but use the same case number.

Definitions

illuminatedesignsllc@gmail.com (Kara McNabb) — Mon, 06 May 2024 15:05:36 GMT

Some simple legal definitions, in every-day language, under Missouri law in 2024, that might help this website (or your court case) make a little more sense…. As always, please know that it is best practice to hire a lawyer to represent you or explain these terms to you.

Answer – When a new case or action is opened or reopened, and the initiating party (generally but not always the Plaintiff or Petitioner) serves the responding party (generally but not always called the Respondent or Defendant), if an Answer is due, it is generally, but not always, due within 30 days of the date of service.
Contested – If there are any issues at all where the parties disagree, the matter is contested.
Dissolution Action – A divorce.
Form 14 – This form is used for the calculation of child support in Missouri.
Paternity or Custody Action – A paternity suit is a custody suit between unmarried parents. When a child is born to married parents, the father is presumed to be the father of the child. A paternity suit does not necessarily mean that the mother is suggesting the father is not the father, it is simply the title necessary to raise a custody case if the parents were not married. In some jurisdictions, this might also be called a simple custody suit if the father is already listed on the birth certificate.
Petitioner or Plaintiff – The person who filed or initiated the action.
Physical Custody – the parent or party exercising physical possession/control of the child.
Publication – What to do when you filed your case, but you cannot find the other person to serve them. With the court’s authorization, you may publish notice of your action in a newspaper. Where that newspaper is located depends on the type of action and the location of the parties.
Redacted – Portions of a document are blacked out for various reasons, generally because they contain sensitive, personal information.
Respondent or Defendant – The person the action was filed against.
Service – In most Missouri cases, when a new case is filed, or a modification action on an old case is initiated, the party bringing the action is required to formally serve (notify) the other side with copies of the paperwork filed. The local sheriff can be used for service by contacting the sheriff’s office in the county where the party to be served resides, and asking for their civil process division, or just telling them you need someone served. If an Answer is due, it is generally, but not always, due within 30 days of the date of service.
Uncontested – Both parties agree on all issues, and everyone is prepared to agree and sign all documents.
Limited Scope – Limiting an attorney’s involvement in an action.
Pro Se – A non-lawyer representing him or herself in a personal action. While you can represent yourself, you cannot represent anyone else. It is illegal to practice law without a license.
Legal Custody – The process of making decisions for the welfare and upbringing of a child, including legal, medical, religious, cultural or other significant decision making.
5-2-2-5 – A common joint custody schedule:

3-2-2-3

About Us

illuminatedesignsllc@gmail.com (Kara McNabb) — Thu, 18 Apr 2024 19:53:26 GMT

Bridging the Gap Between Legal Access and Financial Realities

Who am I? Why am I doing this? Those are deep questions. The simple answer is that I’m Kim, and I care. I graduated law school in late 2011 in Arkansas, and I have been practicing law for twelve years in the State of Missouri. I started at the Public Defender’s Office, and then went into business for myself, doing a substantial amount of juvenile work. I have always had a public-interest component to my work.

I have worked with a lot of people who needed lawyers, but couldn’t afford lawyers, and I have observed a lot of people in court who desperately needed the assistance of a lawyer. I do respect the lawyers’ position here: They worked hard to get where they are, and most of them are good at what they do. People pay to get results, and that is how the lawyers make their income. It is how I make my income. But there is a component of our population that needs access to the justice system but can’t afford that lawyer, and sometimes their lives have become messy for lack of proper legal involvement. People move on from relationships without divorces; people forego custody plans, and the other parent snatches the children away, sometimes for years; debt collection cases see incredibly high interest rates; people drive for years without drivers licenses. Some people brave the waters and try to go to court on their own, but they lack the proper paperwork for the court to give them what they need, and the court cannot give legal advice.

I started this blog with a question: Who am I? I am a Christian, and I believe we have an obligation to care for one another. I’m not perfect, but I do try to make a difference. This is a business; this is how I care for my family financially. But I am also trying to offer something for the community. What I am trying to do here is at least offer the paperwork necessary for people to be able to go to court themselves and address those more routine issues, like an uncontested divorce, without the cost of actually retaining an attorney.

The Rules of Professional Conduct require that I advise you that it is in your best interest to hire a lawyer. This is absolutely true! It also is not always possible or practical. I’m offering you a cheaper alternative. This firm is not going to represent you in court. We cannot make any guarantees about what the outcome of your case will be. We will not be available for you to call for advice every day. We can give you the paperwork to file a proper case to pursue your needs in court. If that is helpful for you, please check out the services section of this website. I wish you the best of luck! God bless.

Self-Representation

illuminatedesignsllc@gmail.com (Kara McNabb) — Thu, 18 Apr 2024 18:01:44 GMT

Empowering Yourself in Legal Matters When Traditional Representation Is Out of Reach

So you’ve decided to go ahead with that court case. You can’t find a lawyer you can afford. Your legal situation is pretty serious, and you are determined to go ahead….

It is always advisable to seek legal counsel to represent you!

Every lawyer you’ve talked to (and the judge) is going to tell you that it is advisable to get a lawyer. But you can’t afford one. The quotes you’re getting are outrageous! Maybe the other side has already filed something against you, and you can’t wait.

Self-representation is always an option. It is not ideal. You are expected to know the law, just like you are expected to know the rules of the road. If you actually manage to get the right paperwork to get your case started, then you’re going to show up in court, with the judge asking you for things you’ve never heard of, or telling you there is nothing they can do if you don’t file … something …. If there is an attorney on the other side, they may well eat you for lunch. Maybe your ex filed something against you. You got papers. Did you see the part on the “summons” where it says you have to respond within 30 days? Thirty days from when? (In Missouri, an Answer is generally due within 30 days of being served, but not always, it depends on the case). When does the 30 days run out???

The best possible situation is you go hire a lawyer. Lawyers bill hourly, generally don’t know exactly how many hours a case will take, and don’t like giving out estimates of how much they think a case will actually cost.

Let’s talk about limited scope representation.

This firm offers limited scope representation for limited drafting purposes in some cases in the State of Missouri only. We will draft for you a packet of all the documents necessary for the filing of some cases, such as divorces and custody modification, and some basic filing instructions. Other case options may be available on a case-by-case accommodation; you will have to reach out directly to negotiate arrangements for that.

If you use our services, for a custody case, for example, we will draft the documents necessary for you to file your case, depending on what package you select, we will offer one revision for typos, or one revision for typos or for substance (like if you’ve negotiated and worked out some terms). If you and your ex are getting along, we will still only represent one party, but we will draft the papers as you direct us to do. You will receive an email packet, which you can print, sign (and have notarized), and walk into the courthouse to file. You will be responsible for your court filing fee.

We will not be representing you in your court case. As mentioned above, it is always ideal to have an attorney. We are offering to prepare all the paperwork you need to file your case, based on information received by us from you, after payment of a retainer and we receive your completed forms. Once the paperwork is drafted, it will be up to you to deal with your case in court, although you can always hire an attorney at any time you feel you need one. We will not guarantee outcomes of any court case you may file, and we are not liable for the status of any case. We will assist you in having what you need to get started, drafted by a real lawyer, not AI, in accordance with Missouri Law, which will look formal and lawyerly, and be in a legally appropriate format that the court can work with.

If this notion is attractive to you, please feel free to continue to browse this website for your options. Remember, it is always best to hire an attorney! But we can absolutely draft paperwork for you, as laid out in this website.