Kelly, Symonds & Reed, LLC

Free Initial Consultation

816-347-1818
Menu
We Try Cases And We Win Them

We try cases and we win them

Kansas City Criminal Defense Law Blog

Can I safely order marijuana products through the mail?

Despite the increasing number of states legalizing marijuana for recreational use, it is important to remember that the drug is still criminalized at the federal level. Unfortunately, this means that those who want to receive marijuana or marijuana products through the mail may face serious federal charges.

Ok, so sending marijuana through the mail is clearly a huge risk, one that is almost certainly not worth it. But what about sending or receiving marijuana through a private service such as FedEx? Well, technically speaking, this is a better idea than sending it through the United States Postal Service (USPS), as it doesn't present as many risks. Keep in mind that if recreational pot is still not legal in your state, you still may face state criminal charges.

What's the difference between robbery and theft?

Violent crimes generally entail harsher sentencing and more lengthy jail time, but in some cases, the line between a violent crime and a non-violent crime is thinner than you might expect. Robbery is a crime that many individuals do not understand well, and this poor understanding could cost them years of their lives behind bars if they end up facing charges of robbery when they could only have faced theft.

Theft, generally speaking, is the taking of another person's property. This might happen while the other person is far away, or it could occur in one's presence if the person taking the property simply grabs it and runs, or finds another way to take the property without threatening the owner. While theft is a criminal charge, it is not considered a violent crime and does not generally receive sentencing as harsh as robbery.

What are affirmative drunk driving defenses?

Drunk driving is certainly dangerous, but contrary to popular belief, it is not always the worst option. As surprising as this may sound, there are actually some instances in which a person facing drunk driving charges might successfully argue that he or she was justified in driving under the influence.

One such example might be if a person is intoxicated but also faces some greater threat. If, for instance, a woman is on a date and has several drinks at a man's home. After becoming intoxicated, the woman realizes that the man poses a threat to her safety, she may choose to drive while intoxicated to escape the clear and present threat the man presents.

Is robbery a felony charge in Missouri?

Here in Missouri, robbery is a very serious charge. In part because it is an inherently violent (or potentially violent) act, all robbery convictions are classified as felonies in Missouri. This means that in addition to the sentencing penalties for the charges, those convicted of robbery become felons, changing their lives indefinitely.

If you recently received robbery charges, it is very important to build the strongest defense that you can. Years of your life and many of your future freedoms depend on the strength of the defense you build.

Driving without insurance complicates drunk driving charges

If you drive without insurance, you face the possibility of serious consequences, especially if alcohol is involved. If you recently received charges of driving without insurance in conjunction with a drunk driving charge, then you must proceed very carefully. It is very wise to consult with an experienced attorney to closely examine the details of your arrest and prioritize which of your rights you want to protect.

Either charge carries its own set of complications and entails a specific legal strategy when building a defense. When multiple charges overlap, the experience of an attorney becomes exceptionally valuable. Without a calculated, careful defense, you may face some very serious consequences.

Be careful posting pictures of firearms on social media

When it comes to protecting yourself, you simply can't be too careful with what you post on social media like Facebook or Instagram. This especially true for individuals who already have convictions on their record. Recently, a Missouri man with an existing felony got himself a ticket back to prison for illegally possessing firearms, all because of his Facebook profile.

It should come as no surprise at this point in time that your social media presence is not too different from making an official statement to an officer of the law — anything you say (or show) may be used against you. In the case of this man, he played himself by posting pictures on Facebook that depicted firearms.

Law enforcement phasing out sobriety checkpoints

Law enforcement throughout Missouri is shifting tactics to apprehend drunk drivers, which could have serious effects on DUI defense. Soon, more than 60 law enforcement agencies throughout the state will lose millions of dollars allocated for sobriety checkpoints, but that doesn't mean that it is any safer to drive after a few beers.

While sobriety checkpoints may become a thing of the past, law enforcement is not going softer on potential drunk drivers — if anything, they are getting more aggressive. Sobriety checkpoints are often visible from a distance, and in many instances, the law enforcement agency setting up the checkpoint announces when and where the checkpoint will take place.

What is the difference between theft and robbery?

Many individuals do not understand that subtle differences in charges can have a significant impact on sentencing and defense strategy. This is especially true when it comes to violent crimes. In general, crimes that involve some form of violence or threat of violence carry harsher sentences than those without any element of violence. One area where this becomes particularly clear is the difference between theft and robbery.

Theft, or larceny, is a broad term that generally applies when one party takes the property or right to property of another person without their consent. This might mean many things, from a person stealing a small amount of money or personal items to one person refusing to return the property of another person after borrowing it or holding it for a specific amount of time.

What if I'm accused of domestic violence?

Domestic violence charges can arise a number of ways, and many times, they are either patently false or the result of a misunderstanding by law enforcement or nosy community members. Unfortunately, domestic violence charges are often destructive to your reputation even if they are proven untrue. If you face domestic violence charges of any kind, it is important to seek out experienced legal guidance as soon as possible.

Often, domestic violence charges arise when your partner or spouse is angry and simply wants to cause trouble for you, even though you have not actually committed the crime. If this is the case, you and your attorney must build a case for your innocence and seek to deflate the validity of the claims against you.

Surprising defenses to drunk driving charges

Facing drunk driving charges is never something anyone wants to do, but we all make mistakes from time to time. However, a drunk driving conviction can carry serious consequences and affect many areas of your life, so it is always wise to consult with an attorney to identify ways you might fight the charges. Depending on the nature of your arrest, there a number of defense strategies a skilled attorney can help you employ.

Even if you do not contest the fact that you were drunk at the time of your arrest, you may be able to argue against the charges anyway. For instance, you may be able to claim that you were driving while intoxicated due to some specific duress, such as potential injury or death, or to avoid injury. This might prove effective if you were on the way to get medical help for yourself or someone else, or if you were fleeing danger of some kind.

FindLaw Network