Wegge Law FirmFIND HOPE HERE2023-12-03T07:44:52Zhttps://www.weggelawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1402333/2021/09/cropped-Wegge-Casey-siteicon-1-32x32.pngOn Behalf of Wegge Law Firmhttps://www.weggelawfirm.com/?p=460332022-04-05T06:15:49Z2021-08-31T16:05:42Z
Over the last year and a half, incidents of domestic violence have risen across America. In fact, in a brand new study out of Georgia State University published in August 2021, incidents of intimate partner aggression increased 6x - 8x in the COVID age, with stress related to the pandemic strongly associated with intimate partner aggression, even among those at low risk.
Domestic assault is a serious crime and carries a range of punishments in Missouri, depending on its severity. A good legal defense in a domestic assault case is nuanced, as these cases carry serious ramifications for not only the accused but often their families as well. They touch upon some of the most important and intimate relationships that we have as human beings, and their defense requires a wholistic approach which may include counseling, batterer’s improvement programs, and drug or alcohol addiction treatment. Sometimes reconciliation is not possible, but I have seen small miracles - including families reunited and restored. The hour is darkest just before dawn.
]]>On Behalf of Wegge Law Firmhttps://www.weggelawfirm.com/?p=460372022-04-05T06:15:58Z2021-08-20T16:32:37Zvast majority of prosecutors are good people who seek justice, wherever the facts may take them.
But mistakes do happen. Sometimes people lie and make false accusations. Often, the facts and circumstances are murky and open to various interpretation.
That’s why our laws and the constitution afford due process. This includes “discovery” (what evidence do they have against me?) as well as a multitude of procedural safeguards, such as those that ensure that there are no threats or coercion used by law enforcement to entice an incriminating statement, or those that demand the accused be given his day in court along with a fair trial and adequate representation.
Attorneys can help. They can raise objections on your behalf. They can request documents and help you hold the state to its burden. But between you and me - I look forward to the day when there is so much justice in our world that I have to go and find a new line of work.]]>On Behalf of Wegge Law Firmhttps://www.weggelawfirm.com/?p=460402022-04-05T06:16:07Z2021-01-08T06:00:00Zwhich crime either; while often burglary involves breaking into a building to commit stealing, it can just as readily involve the unlawful entry into a dwelling in order to commit an assault. Robbery, on the hand, involves the forcible stealing of property from a person.
If you are charged with burglary or robbery in Jefferson County, Franklin County, St. Francois County, St. Louis County, or elsewhere within the state of Missouri, it is important to speak with an attorney who can explain your rights and property evaluate your case. Give us a call today to discuss options and next steps.]]>On Behalf of Wegge Law Firmhttps://www.weggelawfirm.com/?p=460412022-04-05T06:16:17Z2019-07-10T05:00:00ZAccording to the L.A. Times, the average American joint contains 30 grams of THC, which is the chemical that leads to a high. The average edible serving will contain roughly 20 grams of THC, which takes much longer to absorb due to the delay in absorption through digestion. (https://www.latimes.com/projects/la-me-weed-101-thc-calculator/). Despite the fact that edibles may contain as little or even less THC as a joint, in Missouri they can be punished very differently.
In Missouri, recreational drugs are criminalized under Section 579.015. It reads that a person “commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance... the offense of possession of any controlled substance except thirty-five grams or less of marijuana or any synthetic cannabinoid is a class D felony... the offense of possession of more than ten grams but thirty-five grams or less of marijuana or any synthetic cannabinoid is a class A misdemeanor...”
Controlled substances are defined in Section 195.017, and there we find that tetrahydrocannabinol (THC) and Marijuana are both classified as scheduled I controlled substances.
So, looking at the language of 579.015, we can see the distinction - possession of a controlled substance is a class D felony, except for marijuana under 35 grams, which makes the possession a misdemeanor. Marijuana is a plant. Gummies, cookies, brownies, wax and other edibles contain THC, and these substances are not “marijuana” as defined under the statute. Therefore, the possession of edibles in even the smallest, trace amounts, is technically a class D felony under the laws of this state.
Of course, police officers have broad discretion in how they refer charges to the prosecutor for charging consideration. And often, officers will refer small amounts of edibles as misdemeanor “under 35g of marijuana” due to policy, resource, and other considerations. For instance, to make edibles a felony, the officer would have to send the substance to the crime lab for testing in order to confirm that the substance seized does in fact contain THC. This is both costly and time-consuming. Prosecutors also have broad prosecutorial discretion, meaning they have the discretion to issue charges or refrain from issuing charges, as they see fit.
Thus, while an edible might not be charged as a felony where a comparably high-inducing joint would be charged as a misdemeanor - it could be. And that alone is an injustice, and should give lawmakers cause for concern.]]>On Behalf of Wegge Law Firmhttps://www.weggelawfirm.com/?p=460422022-04-05T06:16:28Z2019-03-21T05:00:00ZOn Behalf of Wegge Law Firmhttps://www.weggelawfirm.com/?p=460432022-04-05T06:16:37Z2019-03-11T05:00:00Z
A new Missouri Supreme Court Rule that went into effect in the latter part of 2018 helps to ensure sunlight in the criminal process, and makes it easier for the public to access court records online.
Under an order effective July 1, 2018, a criminal court may not restrict court records in anticipation of a jury trial, absent a court order which sets forth specific written findings that support a “compelling justification” for restriction of access. (Rule 2.04(d))
In legal jargon, a “compelling” need is one which is so great, that irreparable harm or injustice would result if it is not met (Black’s Law Dictionary, Ninth Ed.)
There are cases where records should be sealed, and this new rule allows for that. However this makes open and public the default. And that is good for democracy.
]]>On Behalf of Wegge Law Firmhttps://www.weggelawfirm.com/?p=460442022-04-05T06:16:46Z2019-03-05T06:00:00ZOn Behalf of Wegge Law Firmhttps://www.weggelawfirm.com/?p=460452022-04-05T06:16:54Z2019-03-05T06:00:00Z
Did you know that in Jefferson County and in Missouri more broadly, driving while intoxicated offenses are not limited to driving while under the influence of alcohol?
Section 577.010 of the Missouri Revised Statutes lays out the offense in plain English, stating that "A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition."
"Intoxicated Condition" is defined under Section 577.001 as being "when a person is under the influence of alcohol, a controlled substance, or drug, or any combination thereof."
If one is under the influence of a controlled substance or a drug, the State must prove not only that the driver was intoxicated, but must also prove what substance, or combination of substances, caused that intoxication. This often makes driving while intoxicated due to drugs cases difficult for the State to prove, because it is not enough that an officer simply testify "he/she was driving erratically and I could tell they must be on something." The State must prove what the substance was.
These cases can be complex and often involve expert witnesses for the State such as Drug Recognition Experts (or DRE's), as well as blood tests and other chemical tests. An experienced criminal lawyer can assess the strengths and weaknesses of the prosecution's case and ensure that a driver's rights are protected under the law.
]]>On Behalf of Wegge Law Firmhttps://www.weggelawfirm.com/?p=460462022-04-05T06:17:03Z2019-03-01T06:00:00Z
Whether an officer may pull over a motor vehicle in this state is broadly governed by the Fourth Amendment to the U.S. Constitution, which guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”
The U.S. Supreme Court and the Missouri Supreme Court have held that an officer may not conduct an investigatory stop absent some “reasonable suspicion that criminal activity is afoot.” In other words, the officer must reasonably believe that the person has been, or is about to be, engaged in some form of criminal activity.
So therefore an officer may pull someone over for speeding, or running a stop sign, or perhaps even driving erratically. But the officer must be able to articulate a reason for the stop. If not, a good criminal attorney should file a motion to suppress all evidence that came from the illegal and unconstitutional traffic stop.
]]>On Behalf of Wegge Law Firmhttps://www.weggelawfirm.com/?p=460472022-04-05T06:17:14Z2019-02-26T06:00:00Z