Study Highlights Harm Done by Felon Disenfranchisement Laws

October 1, 2012, by Gary J. Lauber

This election year voting rights laws have turned into a heated issue as civil rights groups and state legislatures fight over photo ID requirements. While that issue has received a lot of attention, the larger problem of felon disenfranchisement laws has attracted less concern despite the potential millions of votes at stake.

According to the nonprofit organization VOTE, individuals in Missouri convicted of a felony are ineligible to vote while incarcerated, on parole, or on probation. However, voting rights are automatically restored upon completion of all supervised release obligations. Ex-offenders are then allowed to re-register to vote.

While the law in Missouri is relatively straightforward, that is not the case across the country. Instead, a patchwork of restrictions exist which prevent nearly 5.85 million people with felony convictions from voting. A report released by The Sentencing Project, a Washington, D.C., criminal justice reform advocacy group, reveals that the laws also disproportionately affect some races more than others.

Highlighting the varied laws, a felon in Maine is allowed to vote from prison using an absentee ballot, while a felon convicted of the same crime in Florida might never be allowed to vote, even after having been released from prison. Laws vary widely across the country dealing with how felons lose their voting rights and under what circumstances they can be restored. In Mississippi, there are 22 categories of crime that result in disenfranchisement. Timber larceny is included on the list while manslaughter is not. Adding even more hoops to jump through, the state laws say that felons who want their voting rights back must be approved by a two-thirds vote in both houses of the legislature, and the governor can then either sign or veto the measure.

Those people who are eager for legal reform argue that voting is a crucial step in integrating criminals back into their communities. They point out that voting is a critical part of citizenship and disenfranchising millions of people is not a good way to make people productive members of society.

Advocates for legal change point out that minorities are far more likely to be affected by these laws than white criminals. Given that black people make up 12.6 percent of the U.S. population, but 37.9 percent of those in federal and state prisons, an overwhelmingly large number of black people are denied the right to vote when compared to other races.

Disenfranchisement also impacts the national political debate by removing millions of possible constituents from the voter rolls. Things like welfare reform and progressive taxation are all issues that affect this group of citizens, but their voices will not be heard given current laws.

Attempts have been made to rectify the situation, with legislation being proposed in Congress to create a national standard. Just this year Democrats introduced the Voter Empowerment Act which proposed sweeping changes in how federal elections are conducted and would let felons who are out of prison vote in federal elections. The measure went nowhere as politicians eager to seem tough on crime defeated it.

If you've had a run in with the law and find yourself in need of a St. Louis criminal defense lawyer capable of fighting for your freedom, don't hesitate to contact our St. Louis criminal law firm today at (314) 863-0500.

Source: "Should felons vote? In some states, it's easy. In others, impossible," by Maryann Batlle, published at NBCNews.com.

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Missouri Meth Making Lands Man Behind Bars

September 29, 2012, by Gary J. Lauber

A St. Louis alderwoman has begun pushing a new law which will require that people get a prescription for cold and allergy pills containing pseudoephedrine, a decongestant commonly used to make methamphetamine.

Democrat Jennifer Florida has said that a recent discovery of two meth labs in her district prompted her concern. While these labs are typically found only in rural areas, the city of St. Louis increasingly is facing problems associated with meth manufacturing. Florida co-sponsored a similar measure back in 2010 but it never even received hearing. Now, times have changed and approximately 70 Missouri communities currently require prescriptions for pseudoephedrine products. Despite this movement, state lawmakers have so far failed to pass a statewide prescription-only law.

The issue of increased meth lab activity was highlighted recently after two fires occurred in Franklin County, Missouri. The fires happened at the end of last month and were the result of meth labs. One fire erupted at a motel in Stanton, forcing the entire complex to be evacuated. The lab was tiny, consisting only of one pot found in a freezer in the room. One man connected with the lab was arresting but charges have not yet been filed. Only a week later a fire ripped through a vacant home in Labadie, Missouri and investigators later discovered a one-pot meth lab that was deemed responsible.

As other street drugs become harder to get, homemade small meth labs are springing up across Missouri and police are anticipating increased meth raids in the future. If the men involved in the recent incidents have no yet retained an experienced criminal defense attorney, they need to do so immediately. The charges against them are very serious and the penalties they will now be facing are severe. Their defense should not be left in the hands of inexperienced attorneys, but instead the capable hands of skilled criminal defense professionals.

If you've had a run in with the law and find yourself in need of a St. Louis criminal defense lawyer capable of fighting for your freedom, don't hesitate to contact our St. Louis criminal law firm today at (314) 863-0500.

Source: "St. Louis alderwoman wants anti-meth law," by The Associated Press, published at SacBee.com.

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St. Louis Appoints First Animal Abuse Investigator

September 27, 2012, by Gary J. Lauber

Officer Louis Naes, a veteran of the force for the past nine years, has become the city's first animal abuse investigator and a member of the new Animal Abuse Task Force. The task force is a collection of interested organizations and includes the circuit attorney's office, mayor's office, the health department and Stray Rescue of St. Louis.

Designating a police officer to work solely on cases of animal abuse is pretty rare across the country, and comes at a somewhat odd time given the current crime problems the city is facing. The St. Louis Police Department is in the midst of shifting resources to respond to a 19% increase in aggravated assaults with firearms yet has decided to dedicate one experienced officer to animal cases. Though some have questioned the decision, others believe it is a smart move.

Experts believe that there is a direct relationship between animal crimes and domestic violence crimes, both of which involve criminals who view their victims merely as objects. People who abuse animals often go on to commit crimes against people, law enforcement officials say, which is why the police department is expending the resources to dedicate an officer to animal abuse cases full time.

Currently, in St. Louis, all cases involving neglect or stray dogs are handled in municipal courts. More severe cases involving animal cruelty are handled in state courts. The new officer, Louis Naes, is expected to spend most of his time investigating cases where dogs have been shot and left to die. Though this may seem uncommon, the department says such calls come in weekly and sometimes even on a daily basis.

Over the next few weeks police officials have said that billboards will be placed around town in problem areas warning residents of the seriousness of such animals crimes. The billboards will show Officer Naes holding a pair of handcuffs with the tagline, "Wake Up St. Louis: Abuse an animal, lose your freedom."

While officials say that animal abuse can be a strong indicator of other criminal behavior, it is of some concern that the police might presume someone is guilty of more than one crime if they have neglected or abused an animal. It's for this reason that if you or someone you care about is being investigated or has been charged with animal cruelty you will need an experienced defense lawyer to protect your legal rights. Animal cruelty charges can carry serious penalties including jail time, heavy fines and a permanent criminal record.

If you or someone you know has been charged with a crime in the St. Louis area contact our St. Louis Criminal Defense Firm today at (314) 863-0500.

Source: "St. Louis police to dedicate police officer to animal crimes," by Christine Byers, published at STLToday.com.

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Recent incident shows that Missouri bank robbery doesn't pay

Recent incident shows that Missouri bank robbery doesn't pay

September 11, 2012, by Gary J. Lauber

According to a recent article in the Huffington Post, the FBI is on the hunt for a serial bank robber thought to be responsible for heists in eight states, most recently two in Columbia and St. Louis, MO.

The man has been dubbed the "Bucket List Bandit" after he passed a note to a teller claiming he had only months to live. Law enforcement officials have said the specific wording of the note is not known because the bandit took it back. It wasn't clear if the bandit wanted the money for medical care or for spending money during the course of his final few months of life.

Thankfully, no one has been hurt in any of the robberies and officials are keeping quiet about how much money the man has gotten away with. Turns out before embarking his bank-robbing spree, the man should have stopped to consult with the economists at the Royal Statistical Society and American Statistical Association. The two groups recently published a study on the economics of bank robbery and determined the crime doesn't pay off in the end.

The researchers looked at the average loot from a bank robbery in the U.K. over a three-year period and found it came to only $31,786. Maybe not terrible, but not much given the risk associated with the crime. The researchers went further; determining that there were on average 1.6 robbers involved in each heist, which meant the total per robber came to only $19,865.

The numbers were even worse for American criminals, with the average robbery netting criminals only $4,330. Going one step further shows just how bad a decision bank robbery actually is. The group says that a full one third of attempted bank robberies failed, often resulting in lengthy prison terms, thus further diminishing any expected payout. The conclusion is clear: you're better off sticking with minimum wage jobs and avoiding the terrible cost of losing your freedom.

If you or someone you know has been charged with a crime in the St. Louis area contact our St. Louis Criminal Defense Firm today at (314) 863-0500.

Source: "'Bucket List Bandit' Sought By FBI," by Jim Salter, published at HuffingtonPost.com.

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Several New Laws Take Effect Across Missouri

September 9, 2012, by Gary J. Lauber

As anyone who pays attention to the news this year likely realized, legislators kept themselves busy in 2012 passing a host of new measures. These bills all took affect on Tuesday, August 28, 2012. For a quick rundown on what to expect, here is some info on some of the state's new laws:

Disturbing Worship:

This odd law makes it a misdemeanor to intentionally disturb or interrupting a "house of worship" with profanity, rude or indecent behavior or noise that breaks the solemnity of the service. Penalties could include up to six months in jail and a $500 fine. However, this provision is currently facing a battle in federal court of claims that the law infringes on free-speech rights.

Cocaine:

This law aims to reduce the disparity in sentences for crimes involving crack cocaine and powder cocaine. The new law reduces Missouri's 75-to-1 disparity ratio in sentencing for the two types of cocaine to a ratio of about 18-to-1. Under prior law, a smaller quantity of crack cocaine could trigger the same sentence as a larger quantity of powder cocaine.

These changes were prompted by a change in federal law back in 2010 which educed a 100-to-1 sentencing ratio between the two drugs. Pressure was on in Missouri to eliminate the sentencing disparities the state has had on the books for decades.

Criminal Sentencing:

The passage of this bill allows people convicted of certain nonviolent crimes to shorten their time under the supervision of probation or parole offices by good behavior. Also gives probation and parole officers new authority to order offenders to short jail stays for minor violations, and allows judges to impose 120-day shock sentences behind bars as an alternative to potentially longer prison stays for probation or parole revocations.

Supporters of the law say that the options are designed to steer nonviolent offenders away from long-term prison sentences and toward treatment services.

Driving:

Expands an existing law requiring drivers to move over a lane for stopped emergency vehicles by adding Missouri Department of Transportation vehicles.

If you've had a run in with the law and find yourself in need of a St. Louis criminal defense lawyer capable of fighting for your freedom, don't hesitate to contact our St. Louis criminal law firm today at (314) 863-0500.

Source: "Drivers must move over for MoDOT vehicles as new Missouri laws go into effect," by St. Louis Post-Dispatch, published at STLToday.com.

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Need to record the police? There's an app for that

September 6, 2012, by Gary J. Lauber

According to a recent report on the Huffingtont Post, a civil rights group is trying to turn the tables on police. The New Jersey Branch of the Americans Civil Liberties Union (ACLU) has created a new app that will allow users to discreetly monitor and record police activity. The mobile phone program is designed to hold police officers accountable for their behavior while interacting with the public.

The app, dubbed "Police Tape," allows people to securely and inconspicuously record interactions with police officers. Currently the app is only available on Android devices, but another version for the iPhone will be released later in the summer. The ACLU says the device will act as a critical tool for monitoring the actions of law enforcement officers.

The ACLU's New Jersey executive director, Deborah Jacobs, said, "Too often, incidents of serious misconduct go unreported because citizens don't feel that they will be believed." She says this app should go a long way to remedying that worry.

Unlike most, if not all, recording apps, "Police Tape" disappears from the screen once it has been launched, reducing the likelihood that a police officer will notice that the device has been engaged. The app also allows users to electronically transmit the file to the ACLU for safekeeping and review. The program also contains legal information concerning the rights of citizens when confronted by police.

The recent announcement follows not far behind another app by the New York branch of the organization called "Stop & Frisk Watch." The app does much the same thing, allowing citizens to clandestinely tape the NYPD police during a stop and relay the information to the local branch. According to the New York Amsterdam news, over 2,000 videos have been sent in thus far. Unlike "Police Tape," when "Stop-and-Frisk Watch" is activated, it also triggers an alert to warn nearby users that a police stop is happening.

When recording police officers it's critically important to know the law in your state. In Missouri, as long as one party consents to the recording (yourself) you are allowed to record police, as long as you don't physically interfere with their work. Most states have similar rules, in fact, according the Reporters Committee For Freedom of the Press, Massachusetts is the only state to uphold a conviction for recording on-duty police. Even so, it's important to remember to be polite and don't attempt to incite officers.

If you've had a run in with police and find yourself in need of a Missouri criminal defense lawyer capable of fighting for your freedom, don't hesitate to contact our St. Louis criminal law firm today at (314) 863-0500.

Source: "ACLU Police App Lets People Police The Police," by David Moye, published at HuffingtonPost.com.

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Missouri Court Says Initial Refusal Not Enough To Justify License Revocation

September 4, 2012, by Gary J. Lauber

This case involved an appeal by the Department of Revenue of a judgment to set aside the revocation of Alicia Lynn McKay's driver's license. The Department of Revenue claims that McKay's refusal to submit to a breath test negates her voluntary decision to submit to a blood test and constitutes a refusal as found in Missouri law. The Missouri Court of Appeals for the Western District disagreed, supporting the lower court's decision to overturn McKay's license revocation.

The officer in this case, Ralph Wheeler, pulled McKay over for speeding back in February of last year. McKay failed the field sobriety test and, based on what he observed, Officer Wheeler took McKay into custody on suspicion of DWI. McKay was taken to the police station and read her rights and asked to submit to a breath test, a request she refused. Wheeler informed McKay she would be taken to a hospital for a blood test, at which point McKay said she wanted to speak to an attorney and she spent the next 20 minutes unsuccessfully attempting to get in touch with her lawyer. McKay was again asked to submit to a breath test and she refused. McKay was then driven to the hospital at which point she agreed to a blood test.

McKay later received notice from the Department of Revenue that she would have her licensed revoked based on her refusal to submit to a breath test and for having excessive blood alcohol content as determined by the blood test. McKay objected, saying that she had not refused testing of her BAC. The lower court agreed and found that McKay giving the blood sample was sufficient to avoid being found to have refused testing.

In Missouri, thanks to the state's Implied Consent Law, drivers on public roads are deemed to have consented to a chemical test of their breath, blood, saliva or urine for the purpose of determining the alcohol content of their blood. Drivers are allowed to revoke their consent and refuse to submit to such testing, but if that happens then the person's driving privileges are subject to revocation for one year.

The Department of Revenue here claims that the officer's ability to eventually get McKay to agree to the blood test has no bearing on whether her license can be revoked for her earlier refusal to submit to breath testing. They say that the two events are separate and that even if her blood alcohol level was eventually able to be determined thanks to subsequent testing, her initial refusal was enough to justify the revocation of her license. The Court of Appeals disagreed.

The Court says that the fact a voluntary test of McKay's blood was conducted, allowing proper chemical testing, means that McKay cannot be said to have refused such testing. The Court held that where the driver's BAC is determined through consensual, warrantless testing, even if the driver first refuses the test, the purpose of the Missouri law has been fulfilled. As such, the Department of Revenue cannot have it both ways: on the one hand getting a chemical test of a person's blood without a warrant, and on the other, accusing the person of refusing to submit to just such a test.

If you find yourself in need of a Missouri DWI defense lawyer capable of aggressively protecting your interests, contact our St. Louis DWI law firm today at (314) 863-0500.

To read the full opinion, click here.

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St. Louis Crime Lab Falls Further Behind

September 2, 2012, by Gary J. Lauber

According to recent and very troubling report out of the St. Louis Post-Dispatch, drug cases in the area are met with a 6-8 month delay in the lab. The county lab is located in Clayton and services every police department in the county, a few federal agencies, and the Major Case Squad. The problem appears to be too much work and too few resources to handle it.

In 2009, the St. Louis lab tested 716 drug cases. This year, so far, they've analyzed 2,989 cases. That represents an alarming jump, and the year is only slightly more than halfway done. The influx of cases can partially be tied to increasing enforcement by police who are interested in cracking down on drug crimes. Also, the staff of the lab has been cut due to budget issues which is putting strain on those left behind.

Though increasing the staff is the long-term goal, in the meantime, officials have asked prosecutors to only order tests on cases they actually plan to prosecute. Previously, every suspected drug confiscated by local law enforcement would come through the lab, this despite the fact that prosecutors typically do not pursue charges in 40% of the cases. The wasted tests represented an enormous and unnecessary expenditure of both time and money.

Officials have said they are also considering field test kits for police. Lab tests would still be needed, but a field test would be enough probable cause to go forward with charges while they wait for confirmation from the lab. This would allow defendants to get into treatment or discuss a plea bargain in the meantime, rather than be held in limbo while out on bond.

The problem is unfortunately not just a local one. The Bureau of Justice Statistics recently released the results of a 2009 national survey of publicly funded crime labs. Their findings were very worrisome for those whose future rests on the results of the tests:

• During 2009, the 411 federal, state, county and municipal labs operating that year received over 4 million requests for a wide range of forensic services. • At the end of 2009, the nation's publicly funded crime labs had an estimated backlog of 1.2 million requests for forensic services, which was relatively unchanged from the backlog at yearend 2008. • Of the 1,153,700 backlogged requests at the end of 2009, "forensic biology" (mostly DNA) was the main driver, with 494,400 offender/arrestee samples waiting to be processed, and 399,300 backlogged requests relating to investigating criminal cases. That's 77.5% of crime lab backlogs attributed to "forensic biology." Controlled substance testing registered the third largest portion of the backlog, with 121,800 pending requests.
The problem is a big one as defendants have a constitutional right to a speedy trial and if an accused person cannot afford to post bail, long delays in processing evidence lead to a protracted period waiting in jail for a trial. Defendants whose rights are compromised by a long wait to process evidence may even feel compelled to plea bargain and accept responsibility for crimes they did not commit, just to hurry the process along and get out of jail sooner.

In circumstances like these, individuals accused of crimes need the advice of an experienced criminal defense attorney. If you find yourself in need of a Missouri criminal defense lawyer capable of aggressively protecting your interests, contact our St. Louis criminal defense law firm today at (314) 863-0500.

Source: "Crime Lab Backup Hinders Missouri Drug War," by Christine Byers, published at Officer.com.

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Drive Sober Missouri Campaign In Force Over Labor Day Weekend

August 31, 2012, by Gary J. Lauber

The Missouri Highway Patrol and the National Highway Traffic Safety Administration have come together to announce the start of another "Drive Sober or Get Pulled Over" campaign. The enforcement crackdown on drunk drivers began on August 17, 2012 and runs through the upcoming Labor Day weekend. The campaign will be enforced throughout the state of Missouri over the busy holiday weekend.

Law enforcement officials say that substance-impaired driving contributes to nearly 30 percent of all Missouri traffic fatalities and they aim to lower that number during this period of heavy enforcement. Numbers show that there were 10,228 alcohol-related fatalities across the country in 2010, the equivalent of one death every 51 minutes. During the same time period, more than two-thirds of drunk driving deaths (7,145 or 70 percent) involved drivers with a blood alcohol concentration (BAC) of .15 or higher. Overall, the most frequently recorded BAC among drunk drivers involved in fatal crashes was .18 BAC.

The NHTSA has released a series of tips for those on Missouri roadways over the weekend. Those out driving around should make sure to wear their seat belt as this will help reduce the chance of a deadly accident should you encounter a drunk driver. It's also important to be smart when out driving around. Twice as many alcohol-related crashes occur over the weekend than during the week and four times as many happen at night.

To avoid potentially injuring someone by driving drunk, make sure to plan ahead. Designate a sober driver before going out and give that person your keys. Otherwise take a taxi or use mass transit. If it's too late for that, you can consider spending the night rather than getting behind the wheel.

If you aren't smart in avoiding drunk driving, the problems can multiply. Not only can drunk drivers be charged criminally for their actions, but they also open themselves up to potentially expensive civil actions for the damages they inflict on others. The cost of one bad decision can haunt your for a long time to come.

The high stakes of a drunk driving conviction are why you should only hire the most experienced St. Louis criminal defense attorney to assist in your defense. If you find yourself in need of a Missouri DWI defense lawyer capable of aggressively protecting your interests, contact our St. Louis DWI law firm today at (314) 863-0500.

Source: "Missouri law enforcement says 'Drive sober or get pulled over'," published at ConnectMidMissouri.com.

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Naked Bike Rides and Missouri's Public Indecency Laws

August 29, 2012, by Gary J. Lauber

Organizers of St. Louis' chapter of the World Naked Bike Ride report that 1,000 cyclists participated in the 10-mile ride through various St. Louis neighborhoods Saturday evening. The number of naked and semi-naked bikers, gathered to promote cycling and positive body images, is more than twice that seen in 2011. Does this mean naked bicycling is the next big thing? If so, what are the legal consequences of such a display?

In answer to the first question, we certainly hope not. Many in St. Louis appear to disagree though, as the city's version of the ride is now among the biggest in the country. St. Louis' total riders come in third place, after the 10,000 nude bikers in Portland, Oregon and the 1,400 in Chicago.

In answer to the second question, the issue can get a little tricky. Participants in the St. Louis ride were encouraged by organizers to ride as "bare as they dare." Such a statement would seem to provoke an immediate response from police, but not a single arrest occurred at the naked bike ride. In fact, the St. Louis Police Department was on hand to assist cyclists through busy intersections.

Organizers behind the World Naked Bike Ride said that St. Louis Police Department cooperates in traffic control and agreed not to make arrests because the event is viewed as a political protest. When nudity is not used in public for sexual or lewd reasons, it may be permissible. According to Missouri Revised Statutes Section 573.010.14c, a demonstration can only be considered pornographic if the material or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value.

For those naked displays not covered by political expression, Chapter 566 of Missouri Law governs. Section 566.093 states that:

"A person commits the crime of sexual misconduct in the second degree if such person: (1) Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm; (2) Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; or (3) Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person."

Indecent exposure is the crime of exposing a private body part to others. Since there is usually no violence or touching of the victim, indecent exposure is usually considered a misdemeanor. Missouri law concurs and says that sexual misconduct in the second degree will be deemed a class B misdemeanor unless the person has previously been convicted of an offense under this chapter, in which case it is becomes a class A misdemeanor.

The consequences of a conviction can be severe and more serious charges can lead to mandatory registration as a sex offender under certain special circumstances. More than legal consequences, being arrested and charged with sexual misconduct can cause damage to your personal and professional image and should not be taken lightly. If you've had a run in with the law and find yourself in need of a Missouri criminal defense lawyer capable of fighting for your freedom, don't hesitate to contact our St. Louis criminal law firm today at (314) 863-0500.

Source: "World Naked Bike Ride draws 1,000 cyclists," by Diane Keaggy, published at STLToday.com.

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St. Louis Man Arrested For Setting Fire to a Chevy

August 27, 2012, by Gary J. Lauber

A St. Louis man was recently arrested after setting fire to a Chevy Monte Carlo located at the Perry County Community Lake. Federico Hurtado-Melgarejo, 29, was charged with knowingly burning, forgery (for a forged international license) and fugitive warrant possession of a controlled substance.

Last weekend around midnight the police responded to a call about a vehicle fire out by the lake at a boat ramp. The Perryville Fire Department was called to the scene and worked to contain the fire. They were able to identify not only the vehicle but where the singed car was registered.

While the police were in the area they happened upon a man in a ditch nearby. The man was later identified as Federico Hurtado-Melgarejo While police continued the investigation they happened upon two more Hispanic males waiting in a nearby Walmart parking lot in a vehicle that was also registered to Hurtado. The other men revealed that Hurtado had driven the car to the lake where he then set it on fire. They were told to wait at the Walmart for him to return.

All three men were detained but the two sitting in the Walmart parking lot were released without being charged.

Fire crimes in Missouri are no laughing matter and though they may seem minor, they are anything but. The vehicle fire in this case was on a smaller scale than typical incidents of arson which can result in severe penalties. A person is guilty of arson in Missouri when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forestland, or property. Any act of arson that causes great bodily injury is a felony punishable by imprisonment in the state prison for up to nine years.

In Missouri, Hurtado was able to avoid the more serious charge of arson because the state's law says that arson of property does not include one burning or causing to be burned his or her own personal property unless there is intent to defraud or there is injury to another person or another person's structure, forestland, or property.

Setting fires is a very serious criminal offense, as any experienced St. Louis criminal defense attorney can tell you. A conviction can land you in jail and result in a substantial loss of your freedom. If you have been accused of arson or any other criminal offense, don't hesitate to contact our St. Louis criminal law firm today at (314) 863-0500.

Source: "St. Louis man arrested for setting car on fire at Perryville lake," by Amber Ruch, published at KFVS12.com.

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Laser Pointing Lands St. Louis Teen In Jail

August 25, 2012, by Gary J. Lauber

Missouri teenager Eric Bogard, of Creve Coeur, now faces two charges related to the alleged use of a laser pointer during Monday night's St. Louis Cardinals baseball game against the San Francisco Giants.

Bogard, a 17-year-old Ladue Horton Watkins High School student, was charged with disturbing the peace at an athletic event and violating the harassment section of an ordinance regulating possession and use of lasers. Bogard was a member of the school's lacrosse team.

Bogard's attorney has come forward and said there was no criminal intent, that the incident was only one of a bunch of young men doing immature things. Bogard is now paying the price for his immaturity, and was arrested after being personally identified by the Cardinals' Manager Mike Matheny as the person responsible for shining the green laser at the opposing team's pitcher. Bogard was released after posting $150 bail shortly after 1:20 a.m. Tuesday morning.

The teen was sitting in a private suite owned by Mercy Health where police said they encountered resistance while trying to investigate the incident. Most of the occupants of the box were teens.

Matheny said Tuesday he was shocked by what he witnessed. The Giant's pitcher was winding up when Matt Holliday saw a laser on his jersey. The umpire quickly called a timeout while a few people searched the crowd for the culprit. Play was resumed a few moments later. Not content with just joking the one time, Bogard apparently started up again, resulting in the whole dugout jumping up and looking for the perpetrator.

Matheny eventually spotted Bogard, making eye contact with the teen. Once he'd been caught, Matheny says the boy laughed, waved and pointed the laser back on the field yet again.

Matheny said the incident was likely one of boys being stupid, but pointed out that it's impossible to know whether it was a prank or a shooter in a crowded stadium. "It's a crazy world right now," Matheny said. "You start seeing lasers and big crowds. I don't think the kid knew the severity of what he was really doing. But there were a couple things that could have really gone bad there."

In addition to the criminal charges which have been filed against Bogard, the Cardinals said the incident will be raised with the suite owner, which could face a revocation of privileges.

If you've had a run in with the law and find yourself in need of a Missouri criminal defense lawyer capable of fighting for your freedom, don't hesitate to contact our St. Louis criminal law firm today at (314) 863-0500.

Source: "Laser-pointing incident at ballgame leads to fan's arrest," by Christine Byers, published at STLToday.com.

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Former St. Louis Teacher Who Confessed to Sex Crimes Now Facing Charges

August 23, 2012, by Gary J. Lauber

A former St. Louis teacher is behind bars and currently facing charges of rape and statutory sodomy according to the St. Louis Post-Dispatch. The man, Donald Ingerson, 67, was arrested and charged earlier this week in St. Louis County for the crimes. He's still in jail on a $300,00 cash-only bond.

In a bizarre turn of events, St. Louis County Prosecutor Robert McCulloch said that Ingerson himself contacted his office several months ago with information about his prior sexual assaults of two former female students. McCulloch said this is the first time a criminal in a sexual assault case has ever come forward to his office. The incidents did not occur recently and were unrelated given that they were separated by almost 20 years. Even more bizarrely, Ingerson only made the confession because he incorrectly believed the statute of limitations had run out on both cases. McCulloch said Ingerson had no idea he would ever be charged and even scheduled meetings with investigators given his belief he was untouchable. This case should serve as a shining example of the need for an experienced attorney with knowledge of the ins and outs of Missouri criminal law.

Ingerson was finally arrested after driving to Missouri to meet with investigators from his home in Ely, Minnesota. The police started working right after his confession to lay the groundwork for the arrest, contacting both women about the claim. Both confirmed the details of the assaults which occurred when they were minors, and were happy to hear he would be charged.

The rape charge related to an incident that occurred in 1974 with a girl who was then under the age of 16. The statutory sodomy charge was from contact he had with a young girl, only 15 at the time, back in 1995.

Ingerson worked as a schoolteacher in five or six St. Louis County school districts over the span of more than four decades, beginning in the 1960s and lasting until at least 2010. Ingerson also served as a head baseball coach for the school district and tried his hand at coaching football and wrestling. Prosecutors say they have not heard complaints of any other incidents and Ingerson has denied any other crimes. The schools where Ingerson worked have all been contacted and an investigation into his contact with students is ongoing.

Sex crimes are taken very seriously throughout the country. Even the mere hint of an allegation can ruin an individual's reputation so it is important to have a strong advocate on your side if you have been accused of a crime. If you require the assistance of a Missouri criminal defense attorney, contact our St. Louis Criminal Defense Firm today at (314) 863-0500.

Source: "Former teacher in St. Louis area charged with sex crimes," by Nancy Cambria, published at STLToday.com.

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Alcohol Supplier Found Not Guilty After Fatal Drunk Driving Accident

August 21, 2012, by Gary J. Lauber

A woman from Jackson County, Missouri who was accused of providing alcohol to a teenage party guest who was later involved in a fatal car crash cannot be prosecuted for the death, according to a recent court ruling.

Circuit Judge Peggy Stevens McGraw referred to Missouri law and prior court decisions as justification for her decision to dismiss the charge of involuntary manslaughter. McGraw wrote that, "While other states have concluded that social hosts may be held liable to third parties for injuries inflicted by an intoxicated person, Missouri has not."

Though she avoided the much more severe felony charge, the woman, Sandra Triebel, still faces misdemeanor charges of supplying alcohol to a minor and allowing a minor to consume alcohol on her property.

Prosecutors argued that Triebel provided alcohol at a Halloween party back in 2009 and knew that the teens, including 19-year-old Kenneth Blake, would be drinking at her home. The boy's blood-alcohol level was discovered to be more than twice Missouri's legal limit after he was involved in a terrible crash that resulted in the death of a 16-year-old passenger of another vehicle. Blake is currently serving a six-year prison sentence after he pled guilty to charges of manslaughter and assault.

The decision by prosecutors was a risky one given that Missouri has seen a long line of cases where charges failed against those who supplied alcohol to drunk drivers. The state typically holds only the drunken drivers responsible for fatal accidents. Prosecutors in this case attempted to show that Triebel was criminally negligent and put events into motion that led directly to the deadly crash.

Judge McGraw disagreed with the prosecution, and instead relied on law in Missouri which specifically says that it is the consumption of alcohol, not the supply of it, that is the proximate cause of any injuries inflicted by a drunk driver. McGraw then wrote, "Therefore, this court is reluctant to find that a social host can be held criminally liable for the actions of the underage drinker without a clear declaration from the legislature."

If you find yourself in need of a Missouri DWI defense lawyer capable of aggressively protecting your interests, contact our St. Louis DWI law firm today at (314) 863-0500.

Source: "Mo. judge dismisses manslaughter charge against adult party host in drunken driving case," by The Associated Press, published at TheRepublic.com.

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Serial Hugger Arrested After Embracing Women in Suburban St. Louis

August 3, 2012, by Gary J. Lauber

File this under bizarre criminal encounters. Police in Missouri say they have identified a "serial hugger" who has been terrorizing women in the St. Louis area for months. The problem from the police perspective is that they are not sure if he should face any criminal charges for his behavior.

The complaints arose from some 36 women who have said they were tricked into hugging a man they did not know. The man apparently seeks out women who are shopping alone and then pretends to be an old, long lost neighbor looking for a friendly hello.

According to a detective working on the case, the man walks up to woman and says "Hi! Remember me? How have you been?" The women obviously did not remember the pretend neighbor, but it happened so quickly and convincingly that they said they felt embarrassed not to have recognized him. He then continues the ruse by telling his marks that it's his birthday and throws his arms open for a big embrace.

The detective says that dozens of women came forward with their own stories after a local television station ran a story about the hugger. Some of the reports mention incidents that took place as far back as three years ago. All of the occasions reported thus far appear to have occurred in suburban areas surrounding St. Louis.

One woman reported being kissed on the lips by the man, though that's the most extreme his behavior appears to have been. The man was finally identified after one of his victims took down his license plate and police consulted security tapes from the supermarket where one of the hugs occurred. The culprit was described as a 44-year-old Caucasian with brown hair. Though his name has not yet been released, he was arrested by Warson Woods police at the end of June and released after being questioned by officers.

Prosecutors with the St. Louis County Prosecuting Attorney's office have not yet decided if they will move ahead and press third-degree assault charges against the overly friendly man.

If you've had a run in with the law and find yourself in need of a Missouri criminal defense lawyer capable of fighting for your freedom, don't hesitate to contact our St. Louis criminal law firm today at (314) 863-0500.

Source: "'Hug thug' dilemma: His 'crime' is strange, not illegal," by Rheana Murray, published at NYDailyNews.com.

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