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DWI Lawyer Kansas City The 15-Day Rule to Save Your License

Tue, 21 Apr 2026 16:12:27 GMT

If you have been arrested for a DWI in the Kansas City metro area, the clock is already ticking against your right to drive. Most drivers assume they have until their first court date to handle their case. This is a mistake that leads to an automatic license suspension.

In Missouri, you have exactly 15 days from the date of your arrest to request an administrative hearing. In Kansas, that window is even tighter, just 14 days. If you miss this deadline, your license will be suspended or revoked automatically, regardless of whether you are eventually found "not guilty" in criminal court.

What is the 15-Day Rule in Missouri

When a law enforcement officer in Missouri arrests you for a DWI , they typically seize your physical driver’s license and issue you a Form 2385. This piece of paper serves two purposes: it is your temporary driving permit, and it is your formal notice of suspension.

The "15-day rule" refers to the strict window provided by RSMo 302.525. You have 15 days from the date the notice was issued to mail or fax a request for an administrative hearing to the Missouri Department of Revenue (DOR).

Why the 15-Day Window Matters

If you do not file the request within this timeframe:

Automatic Suspension: On day 16, your driving privileges are suspended.
Loss of Appeal Rights: You waive your right to challenge the officer’s "probable cause" or the accuracy of the breathalyzer results.
Hard Suspension Period: You will likely face a 30-day "hard suspension" where no driving is allowed, followed by 60 days of restricted driving with an ignition interlock device (IID).

How Kansas Law Differs from the 14-Day Rule

If your arrest happened on the Kansas side of the metro (Overland Park, Olathe, or KCK), the rules are even stricter. Under K.S.A. 8-1020, you have 14 days to request a hearing with the Kansas Department of Revenue.

Insider Tip: In Kansas, you must specifically request that the certifying officer be subpoenaed to the hearing. If you or your lawyer fails to do this, the officer doesn't have to show up, and the state can use their written report as undisputed evidence against you.

Can You Still Drive After a DWI Arrest in Kansas City

Yes, but only if you take immediate action. The document the officer gave you acts as a permit for the first 15 (or 14) days.

Once your DWI lawyer in Kansas City files the request for an administrative hearing, a "stay" is placed on your suspension. This means your temporary driving privileges are extended until the hearing takes place and a decision is rendered. This process can take several months, giving your legal team time to investigate the stop, the field sobriety tests, and the maintenance records of the breath testing machine.

What Happens if You Miss the Deadline?

If the deadline passes, you aren't necessarily stuck taking the bus, but your options become much more expensive. You may have to apply for a Limited Driving Privilege (LDP) or a "hardship license." This usually requires:

Filing an SR-22 insurance certificate (which spikes your premiums).
Installing an Ignition Interlock Device (IID) at your own expense.
Paying a reinstatement fee to the state.

Why Drivers Lose Their Licenses Automatically

Even drivers who try to handle the paperwork themselves often run into "insider" traps that lead to a lost license.

1. Miscalculating the Date

The clock doesn't start when you get your paperwork back from the jail; it starts the moment the officer serves you the notice. If you were arrested at 11:30 PM on a Friday, that Friday counts as Day 1.

2. Ignoring the "Refusal" Difference

In Missouri, if the police claim you "refused" the breathalyzer, the 15-day rule for an administrative hearing doesn't apply. Instead, you have 30 days to file a Petition for Review in the Circuit Court. Filing the wrong paperwork with the wrong agency is a guaranteed way to lose your license.

3. Missing the Filing Fee (Kansas Only)

Kansas requires a $50 fee to be sent with the hearing request. If you send the request without the check or money order, the Department of Revenue will likely reject it, and by the time you realize the mistake, the 14-day window has often closed.

How an Expert DWI Lawyer Challenges the Suspension

The administrative hearing is not a "mercy" hearing; it is a technical legal proceeding. The state only has to prove three things to take your license:

The officer had probable cause to arrest you for DWI.
You were actually "operating" the vehicle.
Your Blood Alcohol Content (BAC) was .08% or higher (or you refused the test).

A skilled attorney looks for "cracks" in these three pillars. For example, did the officer observe you for a continuous 15 minutes before the breath test? If they stepped away to fill out paperwork, the test results might be inadmissible. Was the breathalyzer calibrated within the last 35 days as required by the Missouri Department of Health regulations? If not, the "score" doesn't count.

Why Choose MoKan Legal for Your Kansas City DWI

The Kansas City metro is unique. You can be arrested in Jackson County, MO, while holding a Kansas driver's license. This triggers a complex chain of events involving the Interstate Driver’s License Compact.

MoKan Legal is specifically built for the bi-state resident. We understand how a Missouri suspension communicates with the Kansas DMV and vice versa. We don't just look at the criminal charge; we prioritize your ability to get to work and take care of your family.

Bi-State Expertise: Licensed and experienced in both Missouri and Kansas courts.
Immediate Action: We prioritize administrative hearing filings to ensure our clients never miss those 14 and 15-day deadlines.
Deep Investigation: We don't just take the police report at face value. We audit maintenance logs, body camera footage, and lab results to find the leverage needed for a dismissal or reduction.

FAQ

1. Can I get a public defender for my license hearing?

No. Public defenders only handle the criminal portion of a DWI case. The driver’s license hearing is a civil matter, meaning you must either represent yourself or hire a private DWI lawyer in Kansas City to protect your driving privileges.

2. What if I have a CDL?

The stakes are much higher. A DWI "test failure" or refusal can lead to a one-year disqualification of your commercial driving privileges, even if you were in your personal car at the time. There are no "limited privileges" for CDL holders; the 15-day hearing request is your only chance to save your career.

3. Does winning the criminal case get my license back?

Not necessarily. The DOR/DMV action is independent. You can have your criminal charges dismissed by a judge, but still have a suspended license because you didn't win the administrative hearing (or didn't request one).

A DWI arrest is a high-stress event, but the worst thing you can do is wait. The state of Missouri and the state of Kansas have already started the process of revoking your freedom to move. By acting within the 15-day window, you take the power back and force the state to prove its case before they take your license.

If you or a loved one has been arrested in the Kansas City area, contact MoKan Legal - Kelly & Jansen LLC today. We specialize in navigating the specific bi-state hurdles of DWI/DUI defense and will move immediately to protect your license and your future.

How Legal Planning Can Reduce Stress During Family Disputes

Tue, 31 Mar 2026 13:31:31 GMT

Legal planning reduces stress during family disputes by setting clear rules, protecting rights, and avoiding rushed decisions. It gives families a structured path when emotions run high. In Kansas City, families who prepare early often resolve disputes faster and with fewer conflicts.

Family disagreements can affect finances, relationships, and long-term stability. Without a plan, small issues can grow into serious legal battles. Legal planning creates clarity, which helps people stay focused and make better choices during difficult moments.

What Does Legal Planning Actually Include for Families?

Legal planning includes creating documents and strategies that guide decisions during family disputes. It covers areas like property division, child custody , inheritance, and decision-making authority. These tools help prevent confusion and reduce disagreements.

Most families think legal planning only applies to major events like divorce or estate settlement. In reality, it also applies to everyday situations such as shared finances or caregiving responsibilities. When these areas are clearly defined, disputes are less likely to escalate.

In Kansas City, legal planning often involves tailored solutions based on each family’s needs. A general approach may miss important details that could later cause conflict. Customized planning ensures that every concern is addressed early.

Why Do Family Disputes Become So Stressful Without a Plan?

Family disputes become stressful when there is no clear structure to follow. People rely on assumptions instead of facts, which leads to misunderstandings. This lack of clarity often causes delays and emotional strain.

Uncertainty plays a major role. When individuals do not know their rights or responsibilities, they may feel anxious or defensive. This can turn simple discussions into arguments.

Another factor is timing. Many families wait until a conflict becomes serious before seeking legal help. By that point, emotions are already high, and decisions are made under pressure. Legal planning reduces this stress by preparing solutions in advance.

How Does Legal Planning Create Clarity During Disputes?

Legal planning creates clarity by documenting expectations and responsibilities. Written agreements remove guesswork and provide a clear reference point for everyone involved. This reduces the chances of disagreement.

Clarity also improves communication. When each person understands their role, discussions become more focused and productive. This helps prevent repeated arguments over the same issues.

In Kansas City, clear legal planning often leads to faster resolutions. Courts and mediators rely on documented agreements, which can speed up the process and reduce uncertainty.

Which Legal Documents Help Prevent Family Conflicts?

Certain legal documents are especially useful in preventing family disputes. Each document serves a specific purpose and helps address potential areas of conflict before they arise.

Wills and trusts define how assets will be distributed. Without them, families may face disagreements over inheritance. A clear plan removes doubt and ensures fairness.

Custody agreements outline responsibilities for child care. They include living arrangements, visitation schedules, and decision-making authority. These agreements protect both parents and children.

Power of attorney documents assign decision-making authority in case someone cannot act on their own. This prevents confusion during emergencies.

Prenuptial and postnuptial agreements define financial arrangements in relationships. These documents can reduce disputes if the relationship changes over time.

In Kansas City, these documents are often customized to reflect local laws and individual family dynamics . A tailored approach helps avoid gaps that could lead to future issues.

Can Legal Planning Reduce Conflict in Ongoing Disputes?

Legal planning can still reduce stress even after a dispute has started. It introduces structure and helps shift the focus from emotion to resolution. This makes discussions more productive.

One approach is creating temporary agreements. These agreements set short-term rules while a long-term solution is developed. They help stabilize the situation and prevent further conflict.

Another method is preparing for mediation. A legal plan can outline goals, priorities, and acceptable outcomes. This helps individuals stay focused during negotiations.

Families in Kansas City often find that structured planning during disputes reduces delays and improves communication. It also helps avoid unnecessary legal battles.

What Are the Hidden Benefits of Early Legal Planning?

Early legal planning offers benefits that many families overlook. It not only reduces stress but also improves long-term stability and decision-making.

One benefit is cost control. Legal disputes can become expensive when they drag on. Planning ahead reduces the time spent resolving conflicts, which lowers overall costs.

Another benefit is emotional relief. Knowing that a plan is in place can reduce anxiety. It allows individuals to focus on relationships rather than legal uncertainty.

Early planning also protects children. Clear agreements create a stable environment and reduce exposure to conflict. This is especially important in custody-related situations.

In Kansas City, families who plan early often experience smoother transitions during major life changes. They are better prepared to handle challenges without unnecessary stress.

Common Mistakes Families Make Without Legal Planning

Many families make avoidable mistakes when they delay legal planning. These mistakes often lead to more stress and longer disputes.

One common issue is relying on verbal agreements. These agreements can be misunderstood or challenged later. Written documents provide clarity and legal protection.

Another mistake is using generic templates. Online forms may not comply with local laws or reflect specific needs. This can create problems during enforcement.

Some families avoid legal advice due to cost concerns. This often leads to incomplete or incorrect documents. Fixing these issues later can be more expensive.

Delaying decisions is another frequent problem. Waiting too long can limit options and increase pressure. Early planning helps avoid rushed choices.

How Can Families Start Legal Planning in Kansas City?

Starting legal planning begins with identifying key areas of concern. This includes finances, property, caregiving roles, and potential risks. A clear understanding helps create a focused plan.

The next step is consulting a legal professional . They can explain options, draft documents, and ensure compliance with local laws. This step is important for accuracy and reliability.

Families should also communicate openly with each other. Discussing expectations early reduces misunderstandings later. When everyone is aware of the plan, conflicts are less likely to occur.

In Kansas City, taking these steps early can make a significant difference in how disputes are handled. Preparation leads to better outcomes and less stress.

How Do Legal Professionals Help Reduce Emotional Stress?

Legal professionals provide guidance and structure during family disputes. They offer objective advice, which helps individuals make informed decisions. This reduces the impact of emotions on important choices.

They also handle complex processes such as documentation and filings. This reduces the burden on families who may already feel overwhelmed. With professional support , individuals can focus on resolving issues.

Legal professionals can also act as mediators. They help facilitate discussions and keep conversations productive. This can prevent disputes from escalating

In Kansas City, working with a trusted law firm ensures that legal planning is accurate and aligned with local requirements. This improves confidence and reduces uncertainty.

Why Is Local Legal Knowledge Important in Kansas City?

Local legal knowledge ensures that documents and strategies follow regional laws and procedures. Each area has specific rules that can affect family disputes. Understanding these rules helps avoid delays and complications.

In Kansas City, local courts may have unique processes for handling family cases . A legal professional familiar with these processes can guide families more effectively.

Local knowledge also helps in anticipating potential challenges. This allows families to prepare solutions in advance and avoid surprises during disputes.

Working with a firm that understands the Kansas City area ensures that legal planning is both practical and reliable.

FAQ: Legal Planning and Family Disputes

Can legal planning completely prevent family disputes?

Legal planning cannot eliminate all disputes, but it reduces their impact. Clear agreements and documents make it easier to resolve disagreements quickly and fairly.

When is the right time to start legal planning?

The best time is before any conflict begins. Early planning provides more options and reduces the need for rushed decisions during stressful situations.

Is legal planning only for high-income families?

Legal planning is useful for all families, regardless of income. It helps manage responsibilities, protect assets, and reduce stress during disputes.

How long does legal planning take?

The timeline depends on the complexity of the situation. Some documents can be completed quickly, while others may require more detailed planning.

Do I need to update legal documents regularly?

Yes, legal documents should be reviewed and updated as circumstances change. This ensures that they remain accurate and effective.

Conclusion

Legal planning gives families a clear path during difficult times. It reduces stress, improves communication, and helps resolve disputes more efficiently. In Kansas City, early preparation can make a lasting difference in how conflicts are handled.

Take control of your situation with Kelly & Jansen LLC , a trusted law firm serving the Kansas City area and beyond. You receive clear guidance and strong legal planning that helps you manage family disputes with confidence. Schedule a consultation today.

How Prior Charges Affect New Cases Even Without Convictions

Thu, 05 Feb 2026 07:26:35 GMT

Prior encounters with the legal system can shape what happens in future cases, even when those earlier matters never led to convictions. Many people assume that dismissed charges or arrests without guilty findings disappear entirely. In practice, prior charges often remain relevant in subtle but powerful ways. Understanding how they influence new cases helps individuals make informed decisions and protect their rights.

Why Prior Charges Still Appear in Legal Proceedings

Prior charges are part of a person’s record even if they did not end in a conviction. Law enforcement databases, court filings, and prosecutorial records often retain this history. While the presumption of innocence remains intact, prior charges can still be visible during background checks and case reviews.

Prosecutors may reference prior charges when evaluating a new case, especially during early decision-making. These records can influence how a situation is interpreted, including assumptions about risk, intent, or behavior patterns. Judges may also become aware of prior charges during bail hearings or pretrial motions, even though they are not evidence of guilt.

How Prosecutors Use Prior Charges Strategically

Prosecutors are tasked with assessing the strength and seriousness of each case. Prior charges can shape that assessment. A history of similar allegations may lead prosecutors to pursue harsher charges, resist plea negotiations, or argue for stricter conditions.

Even without convictions, repeated charges can be framed as relevant context rather than proof. This strategy can affect charging decisions and sentencing recommendations later if a conviction occurs. Defense attorneys often work proactively to limit how much weight these references carry, especially when prior matters were dismissed or lacked evidence.

Bail, Bond, and Pretrial Decisions

One of the earliest stages where prior charges can matter is during bail or bond hearings. Judges consider factors such as public safety and the likelihood of court compliance. A prior charge history may be interpreted as a risk factor, even if no conviction followed.

This can lead to higher bail amounts or stricter release conditions. In some cases, it may influence whether release is granted at all. Legal advocacy at this stage is critical to clarify context and prevent assumptions from shaping outcomes unfairly.

Impact on Trial Strategy and Evidence Rules

While prior charges generally cannot be used to prove guilt, there are limited situations where they may surface indirectly. Prosecutors may attempt to introduce related conduct under specific evidentiary rules, particularly if the behavior is similar or connected.

Defense counsel plays a key role in challenging these efforts. Motions to exclude prejudicial information can protect the integrity of the trial. Strong legal arguments often emphasize the lack of convictions and the risk of unfair bias.

Sentencing Considerations After a Conviction

If a new case results in a conviction, prior charges may resurface during sentencing. Judges often review broader background information at this stage. While convictions carry greater weight, prior charges can still influence perceptions of accountability or rehabilitation.

Effective legal representation focuses on presenting mitigating factors, personal growth, and the absence of prior guilty findings. This approach can help ensure that sentencing remains fair and proportionate.

Protecting Your Rights When Prior Charges Exist

Prior charges do not define guilt or determine outcomes automatically. They do, however, require careful handling. Early legal guidance allows individuals to address potential issues before they shape decisions behind the scenes.

Understanding your record, correcting inaccuracies, and presenting clear context can significantly affect how a case unfolds. With the right strategy, prior charges can be managed rather than allowed to quietly influence the future.

If prior charges are affecting your current case, early guidance matters. Kelly and Jansen LLC provides thoughtful legal support focused on clarity, fairness, and protecting your future. Schedule a consultation to discuss your situation with confidence.

Navigating Child Support Modifications After a Job Change

Tue, 06 Jan 2026 22:10:12 GMT

A car accident can change a normal day in seconds. Shock, noise, and confusion often follow, making it hard to think clearly. Knowing what to do next helps protect your health, your rights, and your claim.

Here are the steps Missouri drivers should take after a crash, using clear and simple language.

Checking Safety and Calling for Help

After a crash, check yourself and others for injuries . If anyone feels pain, call 911 right away. If vehicles can move and it is safe, pull them to the side of the road to prevent another collision. Turn on hazard lights to warn other drivers.

Calling the Police and Reporting the Crash

Police should be called when there is an injury, a death, or visible property damage. In Missouri, accidents that cause injury, death, or property damage of more than $500 must be reported. When officers arrive, answer questions honestly and stick to facts. If police do not come to the scene, drivers may need to file a report with the Missouri Department of Revenue within 30 days.

Exchanging Information at the Scene

Drivers must share basic information with each other. This includes names, addresses, phone numbers, driver’s license details, license plate numbers, and insurance information. Stay calm and polite. Do not argue or discuss who caused the crash.

Documenting the Accident

Clear records can help later. Take photos of vehicle damage, the road, traffic signs, and any visible injuries. Write down the time, location, weather, and what happened while the details are fresh. If witnesses are present, ask for their names and contact details.

Seeking Medical Care Promptly

Some injuries do not show signs right away. Seeing a doctor soon after the crash protects your health and creates medical records tied to the accident. Follow all treatment advice and keep copies of medical bills and reports.

Not Admitting Fault or Guessing Causes

Avoid saying anything that sounds like an admission of fault. Simple statements like “I’m sorry” can be misunderstood. Missouri follows a pure comparative fault rule, which means fault can be shared. Even small statements can affect how responsibility is later decided.

Notifying Your Insurance Company

Report the accident to your insurer as soon as possible. Share basic facts but avoid giving recorded statements without legal advice. Keep notes of all calls and emails with insurers.

Understanding Missouri Time Limits

Missouri law gives injured people five years from the date of the accident to file a personal injury claim. Waiting too long can make it harder to collect evidence and speak with witnesses.

Speaking With a Legal Professional

Legal guidance can help if injuries are serious, fault is disputed, or insurance issues arise. A lawyer can explain options, handle communication, and help seek fair compensation under Missouri law.

Taking the right steps after a car accident can reduce stress and protect your future. Staying calm, acting quickly, and keeping good records make a real difference.

If you were injured in a car accident or are facing criminal charges, do not wait to get answers. Kelly & Jansen LLC is ready to review your situation, explain your options, and stand up for your rights. Contact the firm today to schedule a confidential consultation and take the first step toward protecting your future.

What to Do After a Car Accident in Missouri: A Step-by-Step Guide

Mon, 22 Dec 2025 15:19:38 GMT

Here are the steps Missouri drivers should take after a crash, using clear and simple language.

Checking Safety and Calling for Help

Calling the Police and Reporting the Crash

Exchanging Information at the Scene

Documenting the Accident

Seeking Medical Care Promptly

Not Admitting Fault or Guessing Causes

Notifying Your Insurance Company

Report the accident to your insurer as soon as possible. Share basic facts but avoid giving recorded statements without legal advice. Keep notes of all calls and emails with insurers.

Understanding Missouri Time Limits

Missouri law gives injured people five years from the date of the accident to file a personal injury claim. Waiting too long can make it harder to collect evidence and speak with witnesses.

Speaking With a Legal Professional

Legal guidance can help if injuries are serious, fault is disputed, or insurance issues arise. A lawyer can explain options, handle communication, and help seek fair compensation under Missouri law.

Taking the right steps after a car accident can reduce stress and protect your future. Staying calm, acting quickly, and keeping good records make a real difference.

How a Criminal Defense Attorney Builds a Strong Case

Mon, 22 Dec 2025 14:48:15 GMT

A criminal charge can change daily life in an instant. Questions follow fast, and the process can feel unclear. A strong defense does not happen by chance. It comes from careful work, clear thinking, and a deep understanding of the law.

Let’s explain how a criminal defense attorney builds a strong case, step by step, so you know what to expect and why each stage matters.

Reviewing the Charges and Laws

The first step focuses on the charges. An attorney studies the exact offense, the legal terms used, and the possible penalties. Missouri law sets clear rules for each crime, and the defense must match those rules. This review helps the attorney understand what the prosecution must prove in court. It also shows where the case may have gaps or weak points.

Investigating the Facts

A strong case relies on facts, not assumptions. The attorney gathers all available details about what happened before, during, and after the alleged offense. This includes police reports, witness statements, and timelines. The goal is to confirm what is accurate and challenge what is not. Early investigation often shapes the full defense strategy.

Examining Evidence

Evidence can support or weaken a case. A defense attorney checks how the evidence was collected and handled. If law enforcement did not follow proper steps, the evidence may not be usable in court. Common types of evidence reviewed include:

Physical items linked to the case
Video or audio recordings
Written reports and digital records
Each item must meet legal standards before a court can rely on it.
Identifying Legal Issues

Legal issues can affect how a case moves forward. An attorney looks for rights violations, such as unlawful searches or improper questioning. If police actions did not follow the law, the defense can raise these issues in court. Addressing legal problems early can limit what the prosecution may present.

Interviewing Witnesses

Witness accounts often differ, and details matter. A defense attorney speaks with witnesses to understand what they saw and how well they remember events. These conversations may reveal errors, bias, or missing facts. Clear witness analysis helps shape how testimony is challenged or supported during a trial.

Building a Defense Strategy

Once facts and evidence are clear, the attorney develops a defense plan. This strategy matches the charge, the evidence, and the client’s goals. Some cases focus on dismissal, others on reduced charges, and some proceed to trial. The strategy stays flexible, allowing changes as new information appears.

Negotiating With Prosecutors

Not every case goes to trial. A defense attorney may negotiate with the prosecutor to seek reduced charges or lighter penalties. These discussions rely on the strength of the defense case and the risks faced by both sides. Careful negotiation can lead to fair outcomes without a trial.

Preparing for Court

If a case goes to court, preparation becomes detailed and focused. The attorney prepares arguments, reviews testimony, and plans how to challenge the prosecution’s case. Court preparation reflects all earlier work and brings it together in a clear and lawful manner.

A strong criminal defense case grows from careful review, detailed investigation, and clear legal strategy. Each step serves a purpose and protects the rights of the accused. Understanding this process helps clients feel informed and prepared during a difficult time.

Facing criminal charges or a serious legal issue can feel overwhelming, but you do not have to handle it alone. Kelly & Jansen LLC is ready to review your case, explain your options, and protect your rights at every stage. Contact us today to schedule a confidential consultation and take the first step toward a strong legal defense.

Field Sobriety Tests: Are They Legally Required — And Can You Refuse?

Tue, 23 Sep 2025 20:42:18 GMT

If you’re pulled over in Missouri and an officer suspects you’ve been drinking, they may ask you to perform a field sobriety test . These tests are designed to help law enforcement determine whether a driver may be under the influence of alcohol or drugs. But are you legally required to take them — and what happens if you refuse?

What Are Field Sobriety Tests?

Field sobriety tests are physical and mental coordination exercises administered during a traffic stop. They’re meant to help officers assess a driver’s level of impairment before deciding whether to make an arrest.

The most common standardized field sobriety tests approved by the National Highway Traffic Safety Administration (NHTSA) are:

Horizontal Gaze Nystagmus (HGN) – following a moving object with your eyes to check for involuntary jerking associated with alcohol use.

Walk-and-Turn Test – walking in a straight line heel-to-toe, turning, and walking back.

One-Leg Stand Test – balancing on one foot and counting aloud.

While these tests are used nationwide, they are not always accurate. Medical conditions, nervousness, fatigue, age, or even uneven pavement can cause sober drivers to perform poorly.

Are You Legally Required to Take a Field Sobriety Test?

In Missouri, you are not legally required to take field sobriety tests . They are voluntary, and you have the right to politely decline. Refusing to participate in these physical coordination tests does not carry an automatic penalty under state law.

However, refusal may raise an officer’s suspicion and could still lead to an arrest based on other observations — such as the smell of alcohol, bloodshot eyes, or erratic driving.

It’s important to understand that field sobriety tests are different from chemical tests , such as breath, blood, or urine tests. Missouri’s implied consent law applies to chemical testing, not field testing. Refusing a chemical test after a lawful arrest can result in an automatic license suspension through the Department of Revenue.

What Happens If You Refuse?

If you refuse a field sobriety test, the officer may rely on other evidence to establish probable cause for arrest. They may also request a breath or blood test once you’re in custody. While refusing may limit the evidence available to the prosecution, it does not guarantee that charges won’t be filed.

Because each traffic stop is different, there is no one-size-fits-all answer to whether you should take the tests. The decision often depends on the circumstances, and drivers should understand the potential risks before deciding.

Why Legal Guidance Is Important

DWI laws in Missouri are complex, and small details can significantly affect the outcome of your case. From the legality of the initial stop to how evidence was gathered, every step must be handled correctly by law enforcement.

If you’ve been arrested or charged with a DWI in Missouri, the attorneys at Kelly & Jansen, LLC can help you understand your rights and evaluate your legal options. Our team provides clear, knowledgeable guidance to help you move forward with confidence.

Missouri’s Statute of Limitations for Personal Injury Claims

Wed, 20 Aug 2025 20:25:18 GMT

If you’ve been injured in an accident, one of the most important factors in your case is time . The law does not allow unlimited time to take legal action after an injury occurs. In Missouri, the period during which you can file a personal injury claim is governed by the statute of limitations . Understanding this rule — and its exceptions — can be crucial in protecting your right to pursue compensation.

What Is a Statute of Limitations?

A statute of limitations is a legal deadline that determines how long you have to file a lawsuit after an injury or loss. Once that time passes, you may lose the right to bring your case to court, regardless of its strength. These laws are designed to ensure fairness by encouraging timely claims and preserving the reliability of evidence and witness testimony.

The General Rule in Missouri

In Missouri, the statute of limitations for most personal injury cases is generally five years from the date the injury occurred. This timeline applies to many common injury types, including:

Car and truck accidents

Slip-and-fall injuries

Dog bites or animal attacks

Product-related injuries

Other cases involving negligence

However, there are situations where a different time limit may apply.

Important Exceptions

Certain types of claims have shorter or different filing deadlines:

Medical malpractice : Typically, these cases need to be filed within two years of the date of the alleged negligence or discovery of the injury.

Wrongful death : Missouri law generally provides a three-year filing period from the date of death.

Claims involving minors : If the injured person was under 21 at the time of the accident, the clock often doesn’t start until they reach adulthood.

Discovery rule : In some circumstances, the statute of limitations may begin when the injury is reasonably discovered rather than the day it occurred.

Because exceptions depend on the details of each case, it’s important to verify the specific deadlines that may apply to your situation.

Why Acting Quickly Matters

Even though you may have several years to file a claim, waiting too long can make your case harder to prove. Over time, witnesses move away, memories fade, and physical evidence can be lost. Early action also allows your attorney to gather documentation, negotiate with insurers, and build a stronger case on your behalf.

Protecting Your Rights

Missing a filing deadline may permanently bar your claim. The best way to ensure your rights are protected is to speak with a knowledgeable personal injury attorney as soon as possible after an accident.

If you’ve been injured in Missouri and have questions about your legal timeline or eligibility to file a claim, the attorneys at Kelly & Jansen, LLC can help. Our team can review your case, explain the laws that apply, and guide you through the process of pursuing compensation for your injuries and losses.

Steps to Take Immediately After a Car Accident…

Sat, 05 Jul 2025 20:14:49 GMT

A car accident can happen in a split second, but the moments that follow can have lasting consequences. Knowing what to do after an accident is essential for your safety, your health, and your legal protection.

Check for Injuries and Call for Help

Your first priority should always be safety. Check yourself and others for injuries and call 911 immediately if anyone is hurt. Even if injuries appear minor, it’s best to be examined by medical professionals at the scene or soon after. Some conditions, like concussions or internal injuries, may not show symptoms right away.

Move to Safety and Contact Law Enforcement

If it’s safe to do so, move vehicles out of traffic and turn on hazard lights. Stay at the scene until police arrive. A police report is one of the most important documents you’ll need later — it provides an official account of the accident, including statements, diagrams, and initial findings on fault.

Gather Evidence at the Scene

While waiting for officers to arrive, collect as much evidence as possible:

Take photos of all vehicles involved, license plates, and the surrounding area.

Get names, phone numbers, and insurance details from the other driver.

If there are witnesses, ask for their contact information.

Write down your own recollection of what happened before and after the impact while it’s still fresh.

This evidence can help protect your rights if disputes arise about what occurred.

Seek Medical Attention Promptly

Even if you feel fine, always get a medical evaluation within 24 hours of the accident. Some injuries take time to appear, and early documentation from a healthcare provider helps connect your injuries to the crash if you pursue a claim later.

Notify Your Insurance Company

Contact your insurance provider as soon as possible to report the accident. Be truthful and factual about what happened but avoid guessing or admitting fault. Insurance companies will conduct their own investigations, and anything said prematurely can affect your claim.

Keep All Records Organized

Create a folder or digital file to store every document related to the accident — police reports, repair estimates, medical bills, and correspondence with insurance companies. Staying organized helps your attorney and ensures no details are lost.

Speak with an Experienced Attorney

Car accidents often lead to complex insurance negotiations and unexpected medical expenses. Consulting with a personal injury attorney early can help you understand your rights, evaluate potential claims, and prevent costly mistakes.

Final Thoughts

A car accident can be overwhelming, but taking the right steps afterward can make a significant difference in your recovery — both physically and financially.

If you’ve been injured in an accident in the Kansas City metro area, Kelly & Jansen, LLC can help you understand your legal options, communicate with insurers, and pursue fair compensation for your losses.

Why Hiring a Local Missouri Attorney Matters: Understanding Local Court Culture & Judges

Fri, 13 Jun 2025 19:54:03 GMT

When you’re facing a legal issue — whether it’s a divorce, a personal injury claim, or a DWI charge — choosing the right attorney is one of the most important decisions you’ll make. While it can be tempting to hire a large out-of-town or national firm, working with a local Missouri attorney offers unique advantages that can directly impact your case.

Local Knowledge Makes a Difference

Every courthouse has its own way of doing things. Procedures, filing systems, and even scheduling practices can vary widely between counties and municipalities. A local attorney understands these nuances.

Attorneys who regularly appear in Jackson County, Johnson County, Cass County, and surrounding Missouri courts are familiar with how cases are typically handled in each jurisdiction. They know the preferences of judges, the tendencies of local prosecutors, and the most efficient ways to navigate the local court system.

This insight can help prevent procedural errors, reduce unnecessary delays, and make the process smoother from start to finish.

Familiarity with Judges and Court Staff

In addition to understanding the system, local attorneys often have established professional relationships with judges, clerks, and opposing counsel. This doesn’t mean favoritism — it means familiarity with how each judge approaches certain legal issues or courtroom procedures.

Knowing, for example, that a particular judge expects concise arguments or prefers in-person hearings can shape how a case is presented. These subtle insights often come only from years of local experience, and they can have a real impact on efficiency and results.

Community Connection and Accountability

A local attorney isn’t just practicing law — they’re part of the same community you live and work in. This creates a level of accountability and investment that you may not find with larger firms that handle high volumes of cases across multiple states.

Local attorneys understand the people, businesses, and dynamics of the region. They also understand the local impact of legal decisions — especially in areas like family law, where outcomes affect schools, neighborhoods, and community ties.

Accessibility and Personal Attention

Working with a local firm also means better accessibility. You’re not dealing with a remote call center or waiting days for a response from an attorney in another city. You can schedule meetings in person, receive prompt updates, and work directly with the lawyer who knows your case best.

This personal connection builds trust and makes the legal process less intimidating — especially when emotions are high or stakes are serious.

The Bottom Line

When your future, family, or financial security is on the line, local knowledge matters. An attorney who understands Missouri law, local courts, and the community can offer the strategic insight and personal attention your case deserves.

If you’re looking for legal guidance in family law, personal injury, or DWI defense, Kelly & Jansen, LLC provides the experience, local insight, and individualized service that make a meaningful difference for Missouri clients.

What to Expect at a DUI/DWI Hearing in Missouri — Court Process and Tips

Sat, 17 May 2025 19:47:33 GMT

Facing a DUI or DWI charge in Missouri can be intimidating, especially if it’s your first experience in the legal system. Understanding what happens at each stage of the process can help reduce anxiety and prepare you to make informed decisions. While every case is unique, most DUI/DWI hearings in Missouri follow a general structure.

Two Separate Proceedings

When you’re arrested for a DWI in Missouri, you’re typically facing two separate legal processes :

The Administrative Hearing – This is handled by the Missouri Department of Revenue (DOR) and deals with your driver’s license suspension or revocation .

The Criminal Case – This is handled in court and determines whether you are convicted of driving while intoxicated and what penalties may apply.

It’s important to note that these are independent of one another . It might be possible to lose your driving privileges through the DOR even if your criminal case is still pending.

The Administrative Hearing

After your arrest, you will receive a notice of suspension to request an administrative hearing. During this hearing, the officer’s evidence — such as breath or blood test results — will be reviewed to determine whether the suspension should stand.

You have the right to be represented by an attorney at this hearing. While the administrative process does not decide guilt or innocence, it can significantly affect your ability to drive while your case proceeds.

The Criminal Court Process

The criminal process begins with your arraignment , where the charges are formally read, and you enter a plea — typically “guilty,” “not guilty,” or “no contest.” If you plead not guilty, the court will set a schedule for pretrial hearings , where your attorney can review evidence, challenge the legality of the stop or arrest, and negotiate with the prosecutor.

If your case proceeds to trial, the prosecution must prove beyond a reasonable doubt that you were operating a vehicle while intoxicated. The defense may present evidence to challenge field sobriety tests, breathalyzer accuracy, or police procedures.

If convicted, penalties might include fines, jail time, probation, mandatory substance abuse treatment, and the installation of an ignition interlock device. For first-time offenders, some penalties may be suspended or reduced depending on the facts of the case.

Tips for Navigating the Process

Request your administrative hearing immediately. Missing the deadline can lead to automatic license suspension.

Appear on time and dress appropriately for court. Professional presentation shows respect and seriousness.

Follow all court orders and bond conditions. Failing to comply can make your situation worse.

Avoid discussing your case publicly or on social media. Statements can be used as evidence against you.

Work with an experienced DWI attorney who understands Missouri law and can guide you through both the administrative and criminal sides of the process.

Final Thoughts

A DUI/DWI hearing can feel overwhelming, but preparation and informed action can make a major difference. Each step — from the administrative hearing to potential trial — involves procedures and timelines that are easy to miss without proper guidance.

If you’re facing a DWI charge in Missouri, the attorneys at Kelly & Jansen, LLC can help you understand what to expect, protect your rights, and work toward the best possible outcome for your case.

When Mediation Makes Sense (and When It Doesn’t) in Family Law Disputes

Wed, 09 Apr 2025 19:28:55 GMT

Divorce and family disputes can be emotionally draining, expensive, and time-consuming. While many people think of court as the only way to resolve these issues, mediation can often provide a faster and less stressful alternative. However, mediation isn’t right for every situation. Understanding when it works — and when it doesn’t — can help you make the best decision for your family.

What Is Mediation?

Mediation is a process where both parties work with a neutral third party, known as a mediator , to reach an agreement outside of court. The mediator does not take sides or make decisions. Instead, they guide discussion, help clarify issues, and assist the parties in finding common ground.

In Missouri, mediation is commonly used in divorce, child custody, and parenting plan disputes . Some courts encourage or require couples to attempt mediation before proceeding to trial, as it often leads to more amicable resolutions.

When Mediation Makes Sense

Mediation can be a powerful tool when both parties are willing to communicate and negotiate in good faith. It tends to work best when:

Both individuals want to avoid a lengthy court battle. Mediation can save significant time and expense compared to traditional litigation.

Communication is still possible. Even if you don’t agree on everything, the ability to speak respectfully makes progress more likely.

You want more control over the outcome. In mediation, you and your spouse make the decisions — not a judge.

Children are involved. Mediation can reduce conflict and create a more cooperative co-parenting environment.

When mediation succeeds, it often produces more durable agreements because both parties had input in crafting them.

When Mediation Might Not Work

Mediation isn’t effective or appropriate in every situation. You may want to consider going straight to court if:

There is a history of domestic violence or intimidation. Power imbalances can make fair negotiation impossible.

One party refuses to provide full financial disclosure or hides assets.

There’s no genuine intent to compromise. If one spouse is only participating to delay proceedings, mediation can waste time and money.

The issues are legally complex or involve significant property, businesses, or contested custody matters that require judicial intervention.

In these cases, litigation may be necessary to protect your rights and ensure an enforceable resolution.

Striking the Right Balance

Mediation is not about “winning” or “losing.” It’s about finding practical solutions that allow both parties to move forward. Even if it doesn’t resolve every issue, it can narrow points of disagreement and make the court process smoother and less adversarial.

Moving Forward

Whether you’re considering mediation or preparing for litigation, experienced legal guidance can help you understand your options and protect your interests.

The family law attorneys at Kelly & Jansen, LLC help clients across Missouri navigate divorce, custody, and other family law disputes with compassion and strategy. If you’re unsure whether mediation is right for your situation, our team can provide honest guidance tailored to your goals and circumstances.

How to Protect Your Finances During Divorce: Prenuptial Agreements, Asset Division and Hidden Assets

Wed, 12 Mar 2025 19:13:35 GMT

Divorce can be emotionally challenging, but it also has serious financial consequences. From dividing property to uncovering hidden assets, protecting your financial future requires careful planning and a clear understanding of Missouri’s divorce laws. Whether you’re preparing for divorce or already in the process, knowing how to safeguard your finances is essential.

Understanding Prenuptial and Postnuptial Agreements

A prenuptial agreement (often called a “prenup”) is a written contract signed before marriage that defines how assets and debts will be handled if the marriage ends. Missouri courts will generally uphold a prenuptial agreement as long as it was entered into voluntarily, is fair, and both parties fully disclosed their finances at the time it was signed.

Even if you didn’t sign a prenup, it’s possible to create a postnuptial agreement after marriage. This type of agreement works similarly, outlining how property should be divided and what financial obligations exist if the marriage dissolves. Having a valid agreement in place can simplify the divorce process and protect both parties from future disputes.

How Missouri Handles Property Division

Missouri is an equitable distribution state , which means property is divided fairly — not necessarily equally. The court considers many factors, including:

The economic circumstances of each spouse.

The contributions each person made to the marriage, both financial and non-financial.

The value of separate property , such as inheritances or assets owned before marriage.

Misconduct that affected the couple’s financial situation.

Marital property typically includes income, real estate, investments, and retirement accounts acquired during the marriage. Separate property, on the other hand, generally refers to assets owned before marriage or received as gifts or inheritances.

Identifying Hidden Assets

Unfortunately, not every spouse is transparent during a divorce. It’s not uncommon for one party to attempt to hide assets to avoid fair division. This might include transferring money to another account, undervaluing a business, or delaying bonuses or commissions.

If you suspect hidden assets, your attorney can request financial disclosures , issue subpoenas, or work with forensic accountants to locate missing funds or property. Missouri courts take these issues seriously, and failing to disclose assets may lead to penalties or an unfavorable division of property.

Protecting Your Financial Future

A divorce can reshape your financial landscape, but there are steps you can take to stay in control:

Gather bank statements, tax returns, and account records early.

Avoid making major financial decisions without legal guidance.

Keep emotions out of financial negotiations as much as possible.

Final Thoughts

Divorce doesn’t just end a marriage — it may set the foundation for your financial future. Understanding your rights and taking proactive steps can help you protect what matters most.

If you’re facing divorce in Missouri and want to ensure your finances are secure, the attorneys at Kelly & Jansen, LLC can provide clarity, strategy, and guidance through every step of the process.

Medical Malpractice vs. Ordinary Personal Injury: How They Differ in Missouri

Tue, 11 Feb 2025 18:53:59 GMT

Not all injury cases are the same. While both medical malpractice and personal injury claims involve someone being harmed because of another party’s actions, the laws that govern these cases in Missouri are very different. Understanding how they differ can help you recognize what type of case you might have — and why having experienced legal guidance is so important.

What Is Ordinary Personal Injury?

A personal injury case arises when someone’s negligence causes harm to another person. These claims can involve car accidents, slip-and-fall injuries, dog bites, or other situations where a person fails to act with reasonable care.

To succeed in a personal injury claim, you generally need to show that:

The other person owed you a duty of care .

They breached that duty through their actions or inaction.

Their conduct directly caused your injury .

You suffered measurable damages , such as medical bills, lost wages, or pain and suffering.

What Is Medical Malpractice?

Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted standard of medical care , resulting in harm to the patient. These cases are complex because not every bad outcome means malpractice. The key issue is whether the provider acted as a reasonably skilled medical professional would have under the same circumstances.

Examples of potential malpractice include:

Misdiagnosis or delayed diagnosis

Surgical or medication errors

Failure to order necessary tests or treatments

Birth injuries caused by negligence

Improper anesthesia administration

Differences in Proof, Process, and Timing

While both types of claims rely on negligence, medical malpractice cases are often more technical and evidence-heavy. They typically require expert testimony, medical records, and testimony from specialists to prove the standard of care was violated.

The statute of limitations for medical malpractice in Missouri is shorter than personal injury cases. There are also specific caps on non-economic damages in medical malpractice cases, which do not apply to ordinary personal injury claims.

Why Legal Guidance Matters

Distinguishing between personal injury and medical malpractice is not always straightforward. A knowledgeable attorney can help determine which laws apply, preserve important evidence, and ensure all filing deadlines are met.

If you’ve been injured due to another person’s negligence or suspect medical malpractice, the attorneys at Kelly & Jansen, LLC can help you understand your rights and explore your legal options under Missouri law. Our team is dedicated to helping clients pursue fair outcomes while navigating the complexities of injury law.

Grandparent Rights in Missouri: Can You Get Visitation or Custody?

Wed, 08 Jan 2025 14:53:12 GMT

Family relationships can become complicated when parents separate, divorce, or face difficult circumstances. In some cases, grandparents find themselves cut off from their grandchildren and wondering what legal rights they have. Missouri law does recognize grandparent rights , but those rights are limited and must meet specific legal conditions.

When Grandparents Can Request Visitation

In Missouri, grandparents can ask the court for visitation rights under certain circumstances. These include:

When one parent has passed away .

When the child has lived with the grandparent for at least six months within the past two years.

When the grandparent has been unreasonably denied contact with the grandchild for 90 days or more.

In each of these situations, the court will only grant visitation if it finds that doing so is in the best interests of the child and does not interfere with the parent-child relationship. Missouri courts presume that a fit parent acts in the best interest of their child, so the burden is on the grandparent to show that visitation benefits the child.

How Courts Decide

When reviewing a request, judges consider several factors, such as:

The existing relationship between the grandparent and the grandchild.

The reasons for the denial of contact.

The emotional, physical, and developmental needs of the child.

The wishes of the parents , if they are fit and active in the child’s life.

Courts often encourage families to reach voluntary agreements before resorting to litigation, as ongoing conflict can be stressful for children. However, when parents and grandparents cannot reach common ground, a formal court order may be the only solution.

Can Grandparents Seek Custody?

While visitation focuses on maintaining a relationship, custody is different and much more difficult to obtain. In most cases, Missouri courts only consider granting custody to a grandparent when both parents are unfit , deceased , or unable to care for the child . The court’s primary concern is always the child’s welfare and stability.

Grandparents seeking custody must demonstrate that living with them would serve the child’s best interests better than remaining with either parent. This often requires substantial evidence, including testimony, records, and sometimes professional evaluations.

The Bottom Line

Missouri recognizes the valuable role grandparents play in children’s lives, but legal rights are not automatic. Gaining visitation or custody requires meeting strict criteria and proving that the arrangement supports the child’s best interests.

If you’re a grandparent who has been denied access to your grandchild or you’re considering petitioning for custody, the attorneys at Kelly & Jansen, LLC can help you understand your legal options. Our team can guide you through the process, explain your rights under Missouri law, and help you take appropriate steps toward preserving your relationship with your grandchild.

What to Do If You’re Injured by a Drunk Driver: Legal Options and Insurance Issues

Mon, 02 Dec 2024 14:12:48 GMT

Being injured by a drunk driver is one of the most devastating experiences a person can face. Beyond the physical harm, there’s often emotional distress, medical bills, and the frustration of knowing the crash could have been prevented. Understanding your legal rights and the insurance process can help you make informed decisions in the days and weeks following the accident.

Step 1: Get Medical Attention and Call Law Enforcement

Your health comes first. Always seek immediate medical care, even if you believe your injuries are minor. Some injuries, such as concussions or internal trauma, may not be obvious right away. When the police arrive, ensure that a report is filed. That report will serve as a key piece of evidence later, especially if the other driver is charged with driving under the influence.

Step 2: Gather Evidence

If you are able, collect as much information as possible at the scene. Take photographs of the vehicles, road conditions, traffic lights, and any visible injuries. Get contact information from witnesses, and write down details about what happened while it’s still fresh in your mind. If you’re too injured to do so, ask someone you trust to gather this information for you.

Step 3: Notify Your Insurance Company

Even if the other driver is clearly at fault, you should still contact your own insurance company promptly. Your policy may include medical payments coverage or uninsured/underinsured motorist coverage , which can help cover expenses while the claim is investigated. Be honest but cautious when speaking with insurance adjusters. Avoid admitting fault or speculating about what happened.

Step 4: Understand Your Legal Options

Drunk driving accidents often involve both criminal and civil cases. The criminal case focuses on punishing the drunk driver, while the civil case is where victims can seek financial recovery for damages such as:

Medical expenses and rehabilitation

Lost wages and reduced earning capacity

Pain and suffering

Property damage

In some cases, punitive damages may also be available if the driver’s actions were especially reckless. These are designed to punish the offender and discourage similar behavior in the future.

Step 5: Be Aware of Insurance Complications

Drunk driving claims can become complicated when multiple insurance companies are involved. The at-fault driver’s insurance may deny coverage if the driver violated the policy terms, such as driving under the influence. When this happens, your own underinsured or uninsured motorist coverage may become critical. A personal injury attorney can help navigate these coverage issues and ensure that all potential sources of compensation are explored.

Taking Action

Recovering from a drunk driving accident is difficult, but you don’t have to face it alone. Legal guidance can help protect your rights, deal with insurance companies, and pursue fair compensation for your injuries and losses.

If you or someone you love has been injured by a drunk driver in Missouri, the attorneys at Kelly & Jansen, LLC can help you understand your options and take the next steps toward recovery. Our team is committed to helping victims seek justice and rebuild their lives after serious accidents.

Field Sobriety Tests: Are They Legally Required and Can You Refuse?

Sat, 16 Nov 2024 14:09:59 GMT

If you’ve been pulled over in Missouri and an officer suspects you’ve been drinking, you might be asked to perform a field sobriety test . These tests are designed to help police determine whether a driver may be under the influence of alcohol or drugs. But many drivers wonder the same thing — are these tests actually required by law, and what happens if you refuse?

What Are Field Sobriety Tests?

Field sobriety tests are physical and cognitive exercises that officers use during traffic stops. The most common standardized tests approved by the National Highway Traffic Safety Administration (NHTSA) include:

Horizontal Gaze Nystagmus (HGN) – following an object with your eyes to detect involuntary movement caused by alcohol.

Walk-and-Turn – walking heel-to-toe in a straight line and turning without losing balance.

One-Leg Stand – standing on one foot and counting aloud to test coordination and focus.

These tests help officers establish probable cause for arrest, but they are not foolproof. Weather conditions, fatigue, nerves, medical conditions, or even uneven pavement can impact performance.

Are You Legally Required to Take Them?

In Missouri, you are not legally required to perform field sobriety tests. They are voluntary , which means you have the right to politely decline. Refusing these tests is not a crime in itself, and there are no automatic penalties for declining. However, refusal may still raise suspicion, and the officer can proceed with the arrest if they believe there is enough evidence of impairment from other observations.

It’s important to distinguish field sobriety tests from chemical tests (such as breath, blood, or urine tests). Chemical tests fall under Missouri’s implied consent law , meaning refusal of those tests can lead to automatic license suspension and other consequences. Field tests, however, do not fall under that statute.

The Risks of Taking or Refusing

If you agree to perform the tests, the results can be used as evidence in court. Unfortunately, these tests can be subjective, and even sober individuals can fail due to anxiety, poor coordination, or medical issues. On the other hand, if you refuse, the officer may rely on other observations such as slurred speech, odor of alcohol, or erratic driving.

Because each situation is unique, what’s “best” can depend on the individual’s circumstances. Drivers often make decisions under stress without fully understanding their rights or the potential outcomes.

What To Do If You’re Arrested

Being arrested for a DWI does not mean you are guilty. There are defenses available, and an experienced attorney can evaluate whether the stop, testing, or arrest was handled properly. Missouri courts require strict compliance with legal procedures, and errors by law enforcement can significantly affect a case.

Final Thoughts

Field sobriety tests can be intimidating, especially when you’re unsure of your rights. Remember — you can politely decline these tests in Missouri without facing automatic penalties. If you have been arrested or charged with a DWI, seeking immediate legal guidance is one of the most important steps you can take.

The attorneys at Kelly & Jansen, LLC have experience helping individuals across the Kansas City metro area understand their rights and navigate the complexities of Missouri’s DWI laws. If you have questions about a recent arrest or want to know your options, our team is ready to help you move forward with confidence.

When Is It Too Late to File a Personal Injury Lawsuit in Missouri?

Wed, 02 Oct 2024 14:05:13 GMT

TIf you’ve been injured in an accident, one of the most important things to understand is how long you have to take legal action . Missouri law limits the amount of time you can file a personal injury lawsuit. Missing that deadline could mean losing the right to pursue compensation altogether.

Understanding the Statute of Limitations

In Missouri, most personal injury cases must be filed within five years from the date of the injury. This deadline is known as the statute of limitations . It applies to many types of cases, including car accidents, slip-and-fall injuries, and other negligence claims.

If you fail to file within that five-year period, the court will almost always dismiss your case—no matter how strong your claim might be. This rule is strict, which is why understanding the timeline early is so important.

Exceptions to the Rule

There are a few situations where the deadline may be extended. For example:

Minors : If the injured person was under 21 at the time of the accident, the five-year clock typically starts once they reach adulthood.

Discovery of injury : In some cases, injuries or medical malpractice may not be discovered right away. Missouri law may allow additional time once the injury is reasonably identified.

Wrongful death cases : These follow a shorter three-year filing deadline from the date of death.

Because exceptions are narrow and fact-specific, it’s important to confirm how the law applies to your particular situation.

Why Acting Quickly Matters

The longer you wait, the harder it can become to gather evidence, locate witnesses, and build a strong case. Insurance companies also take deadlines seriously, and early legal involvement often improves your position in settlement negotiations.

Taking the Next Step

If you’ve been injured in Missouri, don’t wait until it’s too late. The attorneys at Kelly & Jansen, LLC can review your case, explain your options, and ensure you understand the deadlines that may apply. Taking action early helps preserve your rights and gives you the best chance for a fair outcome.

Navigating Spousal Support (Alimony) in Missouri: Rights, Duration & Modifications

Thu, 05 Sep 2024 13:56:41 GMT

When a marriage ends, one of the most common concerns is financial stability. Spousal support, often called alimony , is designed to help one spouse maintain a reasonable standard of living after divorce. Missouri law treats this topic carefully, focusing on fairness rather than punishment.

Understanding Spousal Support in Missouri

Spousal support in Missouri is officially known as maintenance . Courts can award maintenance when one spouse lacks the resources to meet their reasonable needs after divorce. It is not automatic and depends on the facts of each case.

Before ordering maintenance, the court considers several factors, including:

The financial resources of each spouse

The time it may take for the requesting spouse to become self-sufficient

The standard of living established during the marriage

The duration of the marriage

The age, physical condition, and earning ability of each party

How Long Maintenance Lasts

Maintenance can be temporary or open-ended . Temporary maintenance usually ends when the divorce is finalized or when the court determines the supported spouse can become financially independent. Open-ended maintenance does not have a fixed end date but can be reviewed later if circumstances change.

The court often expects the receiving spouse to make reasonable efforts toward self-sufficiency, such as pursuing education or employment. However, in long-term marriages or when health issues are involved, longer-term maintenance may be appropriate.

Modifying or Ending Maintenance

Missouri law allows either party to request a modification if there is a significant change in circumstances. This could include job loss, retirement, remarriage, or a substantial change in income. Maintenance usually ends if the receiving spouse remarries or if either spouse passes away.

Moving Forward

Spousal support decisions can be complex and emotionally charged. Understanding how Missouri courts evaluate maintenance helps both parties set realistic expectations and prepare for the process ahead.

If you have questions about spousal support or need guidance during your divorce, Kelly & Jansen, LLC can help you understand your rights and options under Missouri law.

Common Myths People Believe After Car Accidents or DUI Arrests in Missouri

Thu, 08 Aug 2024 13:53:14 GMT

Legal situations often come with misinformation, especially when emotions are high. Whether it’s a car accident or a DUI arrest, believing the wrong thing can cost you valuable time and legal protection. Here are some of the most common myths Missouri residents should stop believing.

Myth 1: “If I’m Not Hurt Right Away, I Don’t Need Medical Care.”

Many people walk away from an accident feeling fine, only to develop pain or dizziness days later. Some injuries—like concussions, internal bleeding, or whiplash—don’t show symptoms immediately. Always get a medical evaluation after a crash. It protects both your health and any future insurance or legal claim.

Myth 2: “The Police Didn’t Read My Rights, So My DUI Case Will Be Dismissed.”

Television has created confusion about when Miranda rights apply. In Missouri, an officer is not required to read your rights during the initial stop or arrest unless you’re being interrogated. While this can affect how statements are used, it rarely leads to an automatic dismissal.

Myth 3: “Refusing a Breath Test Means They Have No Case.”

Refusing a breath or blood test can actually lead to automatic license suspension under Missouri’s implied consent law. The state views driving as a privilege, and refusing a test often triggers administrative penalties—even if you haven’t been convicted in court.

Myth 4: “I Can Handle Insurance or a DUI Charge on My Own.”

Whether it’s dealing with insurance adjusters or navigating a criminal charge, trying to manage it alone can be risky. Insurance companies aim to minimize payouts, and criminal cases follow strict deadlines and procedures. Speaking with an attorney doesn’t mean you’re admitting guilt—it means you’re protecting yourself from costly mistakes.

Final Thoughts

Information spreads fast, but that doesn’t make it accurate. Understanding your rights and responsibilities after an accident or DUI arrest can prevent serious legal consequences.

If you have questions about an accident, DUI charge, or your legal options, Kelly & Jansen, LLC can provide the guidance and clarity you need to move forward with confidence.

Missouri DUI Laws Explained: Penalties, License Suspension & First Offense

Wed, 05 Jun 2024 13:46:45 GMT

Facing a DUI charge in Missouri can be overwhelming. Between court appearances, license issues, and potential fines, it’s important to understand what the law actually says and what steps you may need to take next.

What Counts as a DUI in Missouri

In Missouri, driving under the influence is legally referred to as Driving While Intoxicated (DWI) . You can be charged if your blood alcohol concentration (BAC) is 0.08% or higher , or if an officer determines that drugs or alcohol have impaired your ability to drive safely—even if your BAC is below that threshold. For commercial drivers, the limit is 0.04%, and for drivers under 21, it’s 0.02%.

Penalties for a First Offense

A first-time DWI in Missouri is typically classified as a Class B misdemeanor . The penalties may include:

Jail Time
Fines
License suspension
Substance Abuse Traffic Offender Program (SATOP)

In some cases, an ignition interlock device may be required. While these are the standard penalties, individual outcomes can vary depending on the circumstances of the arrest, prior history, and the strength of available evidence.

License Suspension and Administrative Hearings

When you’re arrested for DWI, the Missouri Department of Revenue can take administrative action against your driver’s license even before a criminal conviction occurs. You typically have 15 days from the date of notice to request a hearing to contest the suspension. Failing to act within that window can lead to an automatic loss of driving privileges.

Why Legal Guidance Matters

DWI cases are complex and time-sensitive. From field sobriety testing to chemical evidence, small details can have a major impact on the outcome. Consulting an attorney who understands Missouri’s DWI process can help you navigate your options, protect your rights, and work toward the best possible resolution.

If you’ve been charged with a DWI in Missouri, the attorneys at Kelly & Jansen, LLC can help you understand your legal options and next steps.

Steps to Take Immediately After a Car Accident in the Kansas City Metro Area

Sat, 18 May 2024 13:42:31 GMT

A car accident can happen in an instant and leave you feeling shaken, confused, and unsure of what to do next. The moments that follow are critical, not only for your health and safety but also for protecting your legal rights. Whether the accident occurs in downtown Kansas City, Independence, or Overland Park, taking the right steps can make a significant difference in how your situation unfolds.

Step 1: Check for Injuries and Get Medical Attention

The first and most important step is to make sure everyone is safe. Check yourself and others for injuries and call 911 immediately if anyone needs medical help. Even if you feel fine, it’s important to seek medical evaluation as soon as possible. Some injuries, such as whiplash or internal trauma, may not appear right away but can worsen over time.

Step 2: Move to Safety and Contact Law Enforcement

If the vehicles are creating a hazard, move them out of traffic if it’s safe to do so. Turn on your hazard lights and stay at the scene until police arrive. A police report provides an official record of what happened and is often an essential part of any insurance or legal claim.

Step 3: Gather Evidence at the Scene

Collect as much information as you can while the details are fresh. Take photos of the vehicles, license plates, road conditions, traffic signals, and any visible injuries. Exchange information with the other driver, including name, contact details, insurance, and vehicle information. If there are witnesses, get their contact information as well. This evidence can be crucial in determining fault and supporting your version of events later on.

Step 4: Notify Your Insurance Company

Contact your insurance provider as soon as possible to report the accident. Be honest and provide clear details, but avoid making assumptions about fault or liability. Most insurers require prompt reporting, and delays can complicate your claim. If the other driver’s insurance company reaches out, you have the right to consult an attorney before providing a statement.

Step 5: Keep Documentation Organized

Keep copies of every document related to the accident. This includes the police report, medical records, repair estimates, and any correspondence with insurance adjusters. Maintaining an organized record helps your attorney evaluate your claim and ensures that nothing important is overlooked.

Step 6: Speak with an Experienced Attorney

Car accidents often lead to unexpected medical bills, time away from work, and questions about liability. Speaking with a personal injury attorney early in the process can help you understand your options and avoid costly mistakes. An attorney can guide you through insurance negotiations and protect your rights if legal action becomes necessary.

Final Thoughts

A car accident is stressful, but taking clear, deliberate steps can help you regain control of the situation. The attorneys at Kelly & Jansen, LLC are committed to helping individuals throughout the Kansas City metro area understand their legal options after an accident. If you have questions or need guidance, our team is here to help you move forward with confidence.

Understanding Missouri’s Child Custody Laws: What Every Parent Needs to Know

Mon, 08 Apr 2024 13:35:49 GMT

Child custody disputes can be among the most difficult and emotional challenges a parent faces. Whether you are going through a divorce or establishing custody outside of marriage, understanding how Missouri courts view these matters is essential to protecting your rights and your child’s best interests.

Types of Custody in Missouri

Missouri law recognizes two primary forms of custody: legal custody and physical custody .

Legal custody gives a parent the right to make important decisions for the child, such as choices involving education, healthcare, and religious upbringing.

Physical custody determines where the child lives and which parent is responsible for day-to-day care.

Each of these can be joint or sole . In joint custody, both parents share responsibilities, even if the child spends more time with one parent. Sole custody places the decision-making or physical care with only one parent. The court’s goal is to ensure the arrangement supports the child’s welfare, safety, and development.

How Missouri Courts Decide Custody

Courts in Missouri are required to base custody decisions on the best interests of the child . Judges consider several factors, including:

Each parent’s willingness to encourage a healthy relationship with the other parent

The child’s emotional and physical needs

Each parent’s ability to provide stability and care

Any history of domestic violence or abuse

The child’s wishes, depending on age and maturity

Missouri law does not favor one parent over another based on gender. Instead, courts look for arrangements that allow both parents to remain active participants in their child’s life whenever possible.

Tips for Parents During Custody Disputes

Put your child first. Courts look favorably on parents who prioritize their child’s well-being and maintain a respectful attitude toward the other parent.
Keep detailed records. Document your communication, visitation, and any incidents relevant to the child’s welfare.
Stay consistent and cooperative. Judges prefer stability. Demonstrating a commitment to structure and cooperation can strengthen your position.
Avoid public conflict. Heated social media posts or public arguments can damage your credibility. Keep disputes private and professional.
Consult an experienced attorney. Custody laws are complex, and every case is unique. An attorney familiar with Missouri family law can guide you through the process and protect your interests.

Moving Forward

Custody decisions are rarely simple, but understanding how Missouri law works can help you make informed choices and prepare for what’s ahead. Whether you’re negotiating a parenting plan, modifying an existing order, or dealing with enforcement issues, sound legal guidance can make a meaningful difference in your case.

If you have questions about child custody or family law in Missouri, the team at Kelly & Jansen, LLC is ready to provide clarity and support. Our attorneys are experienced in helping parents find practical, child-focused solutions.

Underage Drinking and Driving in Missouri and the Consequences

Mon, 25 Mar 2024 19:12:44 GMT

In Missouri, as in the rest of the United States, the legal drinking age is 21. Despite this, some young individuals under this age threshold may find themselves consuming alcohol and, more dangerously, deciding to drive afterward. This blog delves into the severe repercussions that underage individuals in Missouri could face if they are caught driving under the influence of alcohol.

Understanding Missouri's Zero Tolerance Law

Missouri enforces a strict zero-tolerance policy for underage drinking and driving. While the legal blood alcohol concentration (BAC) limit for drivers over 21 is 0.08%, this limit is significantly lower for those under 21, at just 0.02%. This means that even minimal alcohol consumption can lead to severe legal consequences for underage drivers.

Consequences of Underage DUI in Missouri

License Suspension: Underage drivers found to have violated Missouri's zero-tolerance policy face immediate license suspension. The duration can range from 30 to 90 days for a first offense. For those under 16, the repercussions are even more stringent, with delays in eligibility for obtaining a driver's license until the age of 17.

Jail Time: A first-time underage DUI offense could be classified as a Class B misdemeanor in Missouri, which could result in up to six months in jail. This can have profound implications for a young person's future, affecting educational and employment prospects.

Financial Penalties: Fines can reach up to $500 for underage DUI offenses. Additionally, offenders are required to enroll in a substance abuse traffic offender program, which comes with its costs, alongside a $249 fine payable to the Missouri Department of Mental Health.

The Importance of Legal Representation

Given the severe implications of underage DUI charges in Missouri, it's crucial for young individuals and their families to seek competent legal advice. An experienced attorney can provide essential guidance, help navigate the legal system, and work towards minimizing the impact of the charges. Legal representation is not just about defending a case in court; it's about safeguarding a young person's future from the long-lasting consequences of a momentary lapse in judgment.

Final Thoughts

The risks associated with underage drinking and driving extend far beyond legal penalties. They pose significant safety hazards to drivers, passengers, and others on the road. Education on the dangers of alcohol consumption and the importance of responsible decision-making is vital. For those facing underage DUI charges in Missouri, understanding the legal landscape and seeking professional legal assistance is a critical step towards addressing the situation responsibly and mitigating potential long-term damages.

Strategies for Parents to Combat Teenage Distracted Driving in Missouri

Tue, 13 Feb 2024 20:01:41 GMT

The issue of teenage distracted driving continues to be a significant concern in Missouri, posing risks not only to the teens themselves but also to others on the road. With cell phones being a considerable distraction, it's crucial for parents to step in and help their teenagers understand the importance of focused driving. Here are updated and effective strategies parents can use to discourage their teens from using their cell phones while driving, along with an overview of Missouri's laws.

Proactive Parental Strategies

Lead by Example: Teenagers often emulate their parents' behaviors. If you use your cell phone while driving, your teen will likely do the same. Demonstrate responsible driving by avoiding cellphone use when you're behind the wheel.

Set an Earlier Curfew: Statistics show that many teenage driver accidents occur at night. Setting an earlier curfew can reduce the likelihood of your teen driving distracted during the riskier late hours.

Open Communication: Discuss the dangers of distracted driving with your teenager. Ensure they understand the risks and consequences, not just for their safety but for others on the road.

Enforce Driving Rules: Establish clear rules about cellphone use while driving. Consider creating a family driving agreement that outlines these rules and the consequences for breaking them.

Additional Considerations

Remember, distracted driving isn't limited to cellphone use. Things like eating, adjusting the radio, or interacting with passengers are all considered distracted driving. Encourage your teen to minimize any activity that takes their attention away from the road.

Seeking Legal Help

If, despite all precautions, an accident occurs involving a distracted teen driver, it's crucial to understand the legal options. Those affected by a distracted driving incident should consider consulting with an attorney specializing in this area. Legal professionals can offer guidance, help assert your rights, and navigate the complexities of the legal system in Missouri.

Conclusion

By adopting these strategies and understanding the legal landscape, parents can play a pivotal role in reducing the incidence of teenage distracted driving. It's about creating a culture of safety and responsibility that resonates with young drivers, ensuring they understand the gravity of their actions behind the wheel.

Navigating Equitable Distribution in Missouri Divorces

Wed, 10 Jan 2024 19:51:23 GMT

When couples in Missouri decide to part ways, the division of their assets is a critical step that requires careful consideration and a clear understanding of the law. Contrary to what some might think, equitable distribution doesn't mean a simple 50/50 split. Instead, it's about achieving a fair and just division, considering each case's unique circumstances. Here's an updated look at how assets are categorized, evaluated, and divided in Missouri, offering valuable insights for those navigating this complex process.

Understanding Property Categorization

In Missouri, property acquired during a marriage is typically divided into two main categories: separate and marital property.

Separate Property: This includes assets owned by one spouse before the marriage or acquired by gift or inheritance. It generally remains with the individual it belongs to unless it becomes commingled with marital assets.
Marital Property: This encompasses assets acquired by either spouse during the marriage. It's important to note that even property owned before the marriage can transform into marital property under certain conditions, such as when it's used for the benefit of both partners or commingled with jointly owned assets.

Determining Factors for Equitable Distribution

Missouri courts consider various factors to ensure a fair division of assets:

Contributions to the Marriage: This includes financial and non-financial contributions, such as homemaking or child-rearing.

Economic Circumstances: The court looks at each spouse's financial situation, potential future earnings, and the economic impact of the divorce on each party.

Custodial Arrangements: The parents' needs regarding the custody of children can influence the division of assets.

Duration of the Marriage: Generally, the longer the marriage, the more likely assets will be considered joint property.

Health and Age: These factors can affect earning potential and the need for financial security post-divorce.

Asset Valuation: A Crucial Step

Before assets can be divided, their value must be accurately determined. This often involves professionals such as appraisers, especially for real estate, businesses, or unique personal property. Accurate valuation ensures the division is based on current and fair market values, facilitating a just distribution.

Why Legal Guidance is Essential

Given the complexities of equitable distribution, seeking legal advice is crucial. An experienced family law attorney can provide invaluable guidance, ensuring your rights are protected and you receive a fair settlement. They can help navigate the intricacies of asset categorization, valuation, and the legal nuances of Missouri's equitable distribution laws.

Conclusion

Divorce is challenging, and the equitable distribution of assets in Missouri requires a nuanced understanding of the law. By recognizing the difference between separate and marital property, understanding the factors courts consider, and accurately valuing assets, you can navigate this process more effectively. Remember, consulting with a knowledgeable attorney can make a significant difference in achieving a fair and equitable outcome in your divorce proceedings.

Celebrating Christmas Safely: Steering Clear of DUIs During the Festive Season

Mon, 18 Dec 2023 16:40:14 GMT

As Christmas nears, it's a crucial time for residents in Missouri and beyond to be reminded of the increased risks associated with drinking and driving during the holiday season. Ensuring a safe and merry Christmas involves celebrating responsibly and being aware of the dangers of impaired driving.

Christmas, a time filled with joy, family gatherings, and festive parties, also sees a notable rise in alcohol consumption. This increase naturally leads to heightened vigilance from law enforcement agencies. The National Highway Traffic Safety Administration points out that during the holiday season, there's an uptick in police patrols and DUI checkpoints, all aimed at curbing drunk driving.

To fully enjoy the Christmas festivities without the looming risk of a DUI or, more crucially, an accident, here are some essential precautions to consider:

Designate a Sober Driver: Plan your travel in advance. If attending a party, ensure either you or a friend remains sober to drive back home.

Utilize Rideshare Services: Apps like Uber and Lyft can be a safe and convenient way to return home after a night of celebration.

Moderate Your Drinking: Enjoy the holiday cheer in moderation. Keeping track of your alcohol intake can help you stay within safe limits.

Host Responsibly: If you're throwing a Christmas party, take responsibility for your guests. Prevent anyone from driving under the influence and offer them a place to stay if necessary.

The importance of these precautions is underscored by alarming statistics. For instance, the NHTSA reported a significant number of alcohol-related traffic fatalities during the past Christmas holidays, highlighting the severe consequences of drunk driving.

By staying informed and making responsible choices regarding alcohol consumption, you can help ensure a safe holiday season for yourself and others. Remember, in the unfortunate event of facing DUI charges, you are entitled to legal representation. However, this information should not replace professional legal advice. Have a joyful and safe Christmas celebration!

Winter Safety in Missouri: Essential Tips to Prevent Accidents and Injuries

Tue, 14 Nov 2023 16:27:27 GMT

As Missouri's winter sets in, bringing picturesque snowy landscapes, residents must also brace for the increased risks of slips, falls, and related injuries that come with this season. Understanding and implementing key safety measures is crucial for everyone in the community to enjoy a safer winter.

The statistical significance of winter-related accidents is noteworthy. According to the Bureau of Labor Statistics, in 2014, ice, sleet, and snow incidents led to 1,040 injuries and illnesses in Missouri. This rate of 4.8 incidents per 10,000 people was higher than the national average, highlighting the need for heightened awareness and preventive measures.

The Occupational Safety and Health Administration (OSHA) provides several helpful tips for individuals and communities in mitigating winter hazards. Among these, promoting safe driving practices during winter is paramount. Everyone must be extra cautious, particularly when driving in snow or icy conditions.

Regular maintenance of personal property, including clearing snow and ice from driveways, sidewalks, and entrances, is vital for individual safety and for the protection of others. During severe winter weather, minimizing travel and outdoor activities can also significantly reduce the risk of accidents.

Safety should be the foremost concern when dealing with snow accumulation, particularly on structures like roofs. The dangers of clearing snow from elevated surfaces include the risk of falls or encountering obscured hazards like skylights. It's often safer to employ methods of snow removal that do not require individuals to climb onto potentially hazardous surfaces.

By adhering to these safety tips and remaining vigilant, Missouri residents can significantly reduce the risks associated with winter weather. Staying informed and prepared allows everyone to enjoy the winter season while minimizing the potential for accidents and injuries.

Get Help Today!

If you or a loved one has been impacted by a winter-related accident in Missouri, know that you are not alone. At Kelly Reed Jansen Law Firm, we understand the complexities and challenges these incidents can bring into your life. Our dedicated team of attorneys are committed to providing you with the support and representation you need.

5 Things to Remember When Working on a Custody Agreement

Wed, 18 Oct 2023 15:12:05 GMT

When working on a custody agreement, whether as part of a divorce or separation, it's essential to create a plan that prioritizes the children's best interests. Here are five essential things to remember when developing a custody agreement:

Keep your eye on the goal – the well-being of your children.

The primary consideration in any custody agreement should be the well-being of the children. The agreement should promote their physical, emotional, and psychological health and development.

We understand how difficult it may be to stay focused on this – especially if you were hurt as your relationship with your co-parent dissolved. However, avoid using the custody agreement to gain leverage or retaliate against the other parent.

Make sure the custody agreement sets clear and specific terms.

The custody agreement should be detailed and specific. It should outline the schedule for visitation and custody, including holidays, vacations, and special occasions. The plan can outline specific times and meeting places so you can plan your holidays and breaks years in advance.

Clear terms can help prevent future disputes and ensure both parents understand their roles and responsibilities.

Maintain communication with your co-parent – if possible.

Effective communication is crucial. It's best if parents maintain open and respectful communication with each other. While you may struggle with this at first, the passage of time may help.

Establishing a method of contact and a process for addressing any disputes or changes to the agreement is often helpful. For example, you and your co-parent could communicate best through email.

Also, using a mediator or family counselor can facilitate productive discussions.

Understand that life is full of unexpected events and changes.

Life is full of changes, and custody agreements should allow flexibility. For example, unexpected events, such as job changes or relocations, can affect the agreement. Consider including clauses that allow for modifications when necessary, provided they are in the child's best interests.

Hire expert legal counsel to guide you during the custody process.

When creating a custody agreement, consulting with a family law attorney is highly advisable – especially if your co-parent is especially dominant. An attorney can provide guidance, ensure that the agreement adheres to local laws, and help protect your rights and interests.

Finally, legal professionals can help you navigate any disputes or modifications to the agreement. Custody experts often have years of experience handling these situations and recognize red flags when they see them.

If you are in the KC Metro and need assistance with matters of child custody, schedule a consultation with Kelly, Symonds, & Reed, LLC. One of the focuses of our law practice is paternity and child custody. We have helped many families during this emotional process and can help you and your children, too.

At Kelly, Symonds, & Reed , we remember that a custody agreement is not just a legal document – it's a plan for co-parenting and ensuring the welfare of your children. Contact us today with your questions about custody and paternity by filling out the contact form on our website or giving our office a call.

How Does Child Support Work in Kansas City?

Fri, 29 Sep 2023 14:11:47 GMT

The State of Missouri imposes a legal duty on both parents to financially support their child. A custodial parent provides direct care and support, and the non-custodial parent often provides financial support for the child’s care through monthly contributions that go towards the child’s living expenses.

Here's more information about how child support works in KCMO:

FAQs About Child Support in KC

Whether you are a custodial parent or just getting started in the divorce process, you probably have questions about how child support works in Kansas City. The best answers will come from a Missouri divorce attorney. However, here is some general information that might help.

How long does child support last in Missouri?

Missouri requires parents to financially support their children until they turn 18. However, unlike most other states, Missouri parents may be required to continue supporting a child past 18 if they are enrolled in vocational school or college. Depending on the situation, the parent may have to pay until a child turns 21 – or graduates, whichever comes first.

How do I request child support if I’m not married to the other parent?

You need a child support order from either a Missouri court or the Missouri Family Support Division (FSD) to receive child support. If you are not married to the parent, you must establish paternity before getting a child support order.

If you go directly to the court to establish paternity, you may request that the court order child support. Alternatively, you may apply to FSD for paternity establishment and the child support order.

How much is child support in Missouri?

Courts use several factors or guidelines when determining the amount of a child support award in Missouri. These guidelines can be found in Form 14 .

However, these guidelines act as a base amount. The court has the discretion to increase or decrease the amount of child support to produce the most fair result.

What happens if the other parent does not make child support payments?

If you have a child support order, but the other parent does not make payments, you must go through the court or FSD to enforce the support order. These organizations can withhold the wages of the parent not paying legally ordered child support. The court or FSD may also use property liens or civil contempt.

Get Professional Legal Help With Your Child Support Case

Kelly, Reed, and Jansen, Attorneys at Law, are ready to assist you with all of your legal needs regarding your child support case. Whether you are a custodial or non-custodial parent – or wish to establish paternity – we can help you with the process. The outcome of your child support case will affect you for years to come, so you must work with an experienced professional.

Contact a Kelly, Reed, and Jansen staff member today by filling out a contact form on our website. We have served the KCMO area for decades in family law. Our offices are in Lee’s Summit, but we serve the entire Kansas City, Missouri Metro.

7 Tips for Choosing a Divorce Lawyer in Kansas City

Tue, 29 Aug 2023 14:53:52 GMT

You’ve heard the commercials on the radio, so you know that you shouldn’t depend on advertising to select an attorney. But how do you choose a divorce lawyer in Kansas City? Here are some tips.

How to Choose a Divorce Lawyer in KC

There are thousands of attorneys in the Kansas City Metro and surrounding communities. So how do you select the best one for your situation? Here’s some expert advice.

1. Which side of the state line do they serve?

If you live in certain areas of the Metro, you may hop back and forth across the state line without thinking. However, if you are looking for a divorce lawyer in Kansas City, make sure the firm knows the laws in your home state.

You’ll find some KC attorneys that are members of the Missouri and Kansas Bar Associations – and others who only practice in their home state.

2. Select a law firm known for practicing family law.
Some people depend on their personal connections to find a lawyer. However, your friend, who spends most of his time litigating personal injury cases, would not be the best person to help you with your divorce.

3. Consider your needs.

Are emotions high? Do you have a lot at stake? Do you need an aggressive attorney to combat your spouse’s lawyer? If so, ask for attorney recommendations from others who have been through a similar situation.

On the other hand, you may feel that you and your ex are on the same page and wish to have an amicable and straightforward divorce. (Unfortunately, some expect their divorce to be easy, only to find that their spouse is taking out their hurt and frustrations by having an extensive list of demands.)

When selecting an attorney, consider YOUR needs – and the needs of your minor children.

4. Don’t select an attorney based on personality.

You are going through a highly emotive time, and you may feel like talking about your feelings and frustrations that led up to the divorce. However, it’s important to remember that you are hiring an attorney, not a therapist. You want someone who knows the law and the court system.

5. Consider the costs.

Ask how much your divorce will cost. Some divorce attorneys will charge an hourly rate, and others a flat rate. You must have this information before you select an attorney to represent your interests.

We know you may be surprised by the high cost of a quality divorce lawyer. However, you’ll face years of financial consequences from this decision. Choose wisely.

6. Research the attorneys in your area.

There’s a lot of information available about attorneys online. Once you have a list of names or firms, complete online research to find out more about them.

7. Interview the attorneys.

Most divorce lawyers offer a free initial consultation. Use this opportunity to ask questions like “who will be handling my case?” And “how well do you know my spouse’s attorney?”

Contact Kelly, Reed & Jansen in Lee’s Summit for Personalized Divorce Services in Kansas City

If you have a family law matter in Jackson County or a neighboring Missouri community, schedule a free consultation with Kelly, Reed, & Jansen. We can help you with your contested or uncontested divorce.

Defending Your Rights: Key Factors to Consider When Facing a DWI Charge

Mon, 31 Jul 2023 19:06:34 GMT

Please understand that a DUI conviction is very serious and requires the assistance of a top-tier defense attorney. However, we encourage you to take a moment and read this advice if you are facing a DWI charge in Missouri.

Be careful what you say.

The less you say when you are arrested – the better.

In fact, you will be informed of your right to remain silent when your Miranda rights are read to you. Take them to heart. (“Anything you say can be used against you in a court of law.")

Even though you aren’t legally required to talk, the officer will still ask questions to lead you into admitting that you committed the crime. If you tell the officer that you were indeed driving while intoxicated, it will be more difficult to defend you against DWI charges in court.

Do not lie to a police officer. If you don’t know how to answer their questions, tell the officer you wish to speak to an attorney before talking.

You may be reading this advice after your arrest. If so, think about what you may have shared with the arresting officer and others on the scene and share this information with your attorney.

Contact a Missouri DUI defense attorney immediately.

As soon as you are able, contact a Missouri DWI defense attorney. Select a firm with a proven record of defending DUI cases in your area. A qualified lawyer will give you guidance specific to your case.

Take notes on what happened before, during, and after your arrest.

Write down what happened leading up to and after your arrest as soon as you can. Include how much you had to drink, when you had your last drink, and any other information leading up to the arrest.

Also, include instructions the arresting officer gave you and how you responded. Record whether or not you were read your Miranda rights and the names of people who can corroborate your story.

Be honest when writing your account and only share it with your attorney.

Don’t assume that pleading guilty is the best course of action.

Many people assume that there is no defense for a DWI and that it’s best to plead guilty to the charges. However, several things can be challenged in court that could lead to a dismissal or reduction in charges.

For example . . .

Was there a valid reason to stop your car?

Was there a mistake in the police procedure?

Was there a problem with the breathalyzer?

Contact Kelly, Symonds, Reed & Jansen: DUI Defense Attorneys Serving Independence, Blue Springs, Lee’s Summit, and Raymore, MO

If you require a DWI defense lawyer in Missouri, contact Kelly, Reed & Jansen . We are well-versed in all aspects of MO DUI/DWI laws and have successfully defended many people facing such charges.

Our team of defense attorneys has more than five decades of combined legal experience. Let us defend your case with our skilled and aggressive defense.

6 Tips to Keep You Out of Legal Trouble This Summer

Thu, 22 Jun 2023 14:36:57 GMT

We know you plan on having a lot of fun this summer, whether you are going to the lake or traveling farther away from home. However, here are some things to remember to avoid trouble with the law in Missouri.

Understand Missouri weed laws.

While Missouri Amendment 3 permits marijuana use in private residences, it’s still illegal in parks, public areas, and moving cars.
It’s also important to note that only adults aged 21 or older can possess marijuana – up to three ounces at a time. So, if you choose to partake, make sure you understand how to do so legally.

Understand laws involving alcohol.

Make sure you’re well-acquainted with local laws and ordinances regarding open containers. Alcohol regulations can vary depending on whether you are at a private beach, public property, or a local, state, or federal park. Some public spaces may have a blanket ban on alcohol, while others may only prohibit glass bottles and open containers. And public intoxication is generally illegal everywhere, so know your limits.

Understand gun laws.

If you’re heading to a state park for a camping trip or hiking through a national forest, know whether you can pack a gun – and which animals can be on your dinner menu. Of course, gun laws vary by state, so pay attention to what side of the state line you are on when carrying a gun.

Pay attention to local fireworks laws.

Check state and local statutes before you blow up some earth to celebrate America’s independence. Some areas prohibit the use of fireworks, and others limit when you can use them. Still – other places restrict the types of fireworks you can use.

Remember – fireworks laws and regulations are often enforced for a reason. You don’t want to be the cause of a forest fire, do you?

Know the local laws in each state you’ll drive through on vacation.

Some states have a ban on hand-held cell phones while driving. Most states prohibit texting while driving. Did you know that excessive window tint can be a valid reason for a traffic stop in many areas? And, of course, never drive while you’re impaired. That’s illegal in all 50 states.

Be aware of public nudity laws.

Being hot is no excuse to take off your clothes in public. You can be arrested for public nudity if you aren’t careful where you shed your clothes.

Are You In Trouble With the Law? Contact Kelly, Symonds, Reed & Jansen

We hope your summer of fun doesn’t cause you trouble with the law. However, if you are facing any legal issues, contact Kelly, Symonds, Reed & Jansen – your personal injury and criminal defense attorneys in Kansas City.

We serve the Missouri side of the metro area –Lee’s Summit, MO; Johnson County, MO; Clinton, MO; and Clinton County, MO.

Please fill out the contact form on our website for a free case evaluation. Let’s have a safe and fun summer, Kansas City!

The Different Types of DUI/DWI Charges and Their Penalties

Tue, 16 May 2023 16:28:15 GMT

Here’s what you need to know about Missouri’s DUI (or DWI) laws.

According to Missouri law, you cannot operate or be in actual physical control of a motor vehicle with an excessive blood alcohol concentration or under the influence of drugs.

If you have a BAC of .08% or above, you should not be driving. However, the threshold is reduced to .04% if you drive a commercial vehicle. And underage DWI laws prohibit motorists under 21 from driving with a BAC of .02% or more.

It’s important to note that Missouri law dictates that you can even get a DUI without driving.

Missouri DWI/DUI Penalties

Missouri DWI/DUI penalties vary based on your circumstances, including how many convictions you have and the severity of the DWI.

Here’s what you can expect from a DUI/DWI penalty in Missouri.

For the first offense, you may receive up to six months of jail time, fines up to $1,000, a suspended license for 30 days, and a restricted license for 60 days.

For the second DUI/DWI offense, you may get up to one year in jail, up to $2,000 in fines, and your driver’s license revoked for one year. (If your previous DUI/DWI was within five years of the current offense, your license may be revoked for five years.)

You could face up to four years in jail for a third offense and up to a $10,000 fine. In addition, your license could be revoked for ten years.

Implied Consent in Missouri

Implied consent laws require all drivers lawfully arrested for a DWI to submit to a blood, breath, urine, or saliva test. If you refuse to test, you could face a one-year revocation of your license – followed by six months of having to use an Ignition Interlock Device.

Plea Bargaining in Missouri

The DWI/DUI penalties may frighten you. However, Missouri allows plea bargaining in DWI/DUI cases. This means you must consult a skilled attorney to help you with your case.

For example, a skilled DWI attorney understands how prosecutors view such cases. Additionally, an attorney knows how to read police reports to understand the full scope of the incident.

For example, a DUI lawyer will ask,

Was there a valid reason to stop the car?
Was there a mistake in the police procedure?
Was there a problem with the breathalyzer or testing device?

In addition, a skilled lawyer may ask for substance abuse treatment, continuous alcohol monitoring, and random testing – instead of jail time.

Kelly, Symonds, Reed & Jansen: Skilled DUI/DWI Attorneys in Missouri

For a skilled DUI/DWI attorney in Missouri – serving Lee’s Summit, Independence, and Blue Springs, contact Kelly, Symonds, Reed & Jansen.

The defense attorneys at the Law Firm of Kelly, Symonds, Reed & Jansen have decades of combined legal experience and will aggressively defend your case. We will explain the possible (but realistic) legal options so you can make an informed decision regarding your defense.

If you need help with your DUI/DWI in Missouri, contact a member of our staff today.

Common Types of Legal Cases

Thu, 27 Apr 2023 14:49:33 GMT

There are two main types of legal cases: criminal and civil. Let's take a look at these two types of cases – and tell you who to turn to if you need legal counsel.

Understanding the two types of cases can be tricky – as there is some overlap between criminal and civil cases.

However, generally speaking, criminal cases are offenses against the state, even if the harm was done to an individual.

On the other hand, the 7th Amendment guarantees you the right to sue someone else for loss or damages. These are typically civil cases.

More About Criminal Cases

Only the state can bring criminal charges against an individual. A criminal case is usually filed by a district attorney and can be against one or more defendants. The penalty for being found guilty in a criminal case is a fine and/or time in jail.

Criminal cases include:

Infractions are minor violations. A fine is a typical punishment for an infraction. An example of an infraction is a speeding ticket.

Misdemeanors are typically punished by up to one year in jail and/or fines up to $1,000. Misdemeanors may include shoplifting.

Felonies are the most serious crimes. A person found guilty of a felony (like murder) can go to state prison for a year or more. Of course, in some states, those convicted of felonies get the death penalty.

In criminal cases, a defendant is presumed innocent until proven guilty. In other words, the prosecutor must prove guilt beyond a reasonable doubt, and all the jurors must agree with the verdict.

More About Civil Cases

In a civil lawsuit, a plaintiff sues a defendant. While the Constitution gives everyone a right to have an attorney if accused of a crime, it's different for civil cases. Therefore, if you choose to sue (or someone brings a suit against you), you must hire a private attorney to oversee your case – unless you decide to represent yourself.

Civil cases may include the following:

Small claims cases between individuals or companies for $10,000 or less
Suing someone for breach of contract
Property damage
Divorce, child support, child custody, and adoption
Landlord/tenant cases

Some civil cases are decided by judges, while juries decide others. In most civil cases, the judge or jury has to determine which side wins based on the “preponderance of the evidence.” But, in some cases, the standard for reaching a decision is “clear and convincing evidence.”

Seek an Attorney Who Views You As an Individual

When you hire an attorney from Kelly, Symonds, Reed & Jansen to represent your interests in a criminal or civil matter, you can rest easy knowing that we will see you as an individual – instead of a “common legal case.”

We understand that you depend on us to handle this difficult moment, so you can get back to your normal life.

Kelly, Symonds, Reed & Jansen specializes in Family Law, Criminal Defense, Personal injury, and DWI/DUI Defense cases. While our offices are in Lee’s Summit, we also serve surrounding communities, including Blue Springs and Independence.

The Benefits of a Settlement in a Legal Case

Sat, 25 Mar 2023 16:05:15 GMT

It’s best to speak with a trusted attorney for legal advice. After all, each situation is different, and your lawyer will look at the details of your specific case before telling you whether you should settle or go to trial.

Still – here are some general advantages of settling a legal case. Again, these advantages do not apply to every situation.

Benefits Of Settling A Case

Both plaintiffs and defendants can benefit from settling a case out of court. Here are some to consider.

Settlements help you avoid an uncertain outcome.

Courts are somewhat unpredictable. If a case goes to court, there’s no guarantee that a plaintiff will be awarded any damages at all. So, if you are the plaintiff in the case, you could benefit from settling because you know that at least you’ll receive some remedy.

On the other hand, defendants often settle because the process gives them some control over the results.

Settlements allow you to save money on court costs.

Trials are costly for everyone involved. Besides paying the legal fees, you may have to miss work to prepare for the trial. While there will still be legal fees when you settle a case, they will be much less than if you are forced to go to trial. In short, the earlier a case settles, the less expensive the process.

Remember that some trials go on for months (or even years) if the case is appealed – adding to the expense of the proceedings.

Mediation is less stressful than going through a trial.

If you proceed to trial, you may be expected to testify. This process opens you up to cross-examination, which could lead to information being revealed that could hurt your case. Also, there may be uncertainty about what witnesses and experts will say when they take the stand.

Settlements allow you to avoid uncertain court testimonies, benefiting both plaintiffs and defendants.

Settlements can allow you to protect your reputation.

Taking a dispute to court can also damage your reputation or brand. You can include a confidentiality agreement as a part of the settlement, which means no one needs to know that the case ever occurred.

Remember – trials are public record. This means anyone can review the court documents once the case is over. Settlement negotiations are not public record. You might want to consider settling your issue if you value your privacy.

Settlements allow you to get back to your life faster.

You may feel constant clouds over your head throughout your legal proceedings. Even if you can forget your legal issues for an hour or two – they will quickly return – causing you to stress and worry over the uncertain outcome.

Get back to your regular life faster by settling your case.

Seek the Advice of Expert Kansas City Attorneys

As we mentioned at the beginning of this article, it would be a mistake to make important decisions about your case without consulting a qualified attorney familiar with your specific situation.

For answers to this and all other legal questions, contact Kelly, Symonds, Reed, & Jansen. Our criminal defense attorneys are known throughout the KC region. We are also the firm you should consult if you need a divorce lawyer or ex-parte attorney.

For legal help in Blue Springs, Lee’s Summit, Independence, and throughout the KCMO area, make an appointment with Kelly, Symonds, Reed, & Jansen.

Understanding The Role of Evidence in Legal Cases

Tue, 28 Feb 2023 15:42:57 GMT

If you are a fan of courtroom dramas or police shows, you already know that evidence plays a significant role in legal cases. After all, the height of the drama often occurs when a new piece of evidence is uncovered.

However, when you find yourself in a situation where a piece of evidence can alter the course of your life, you look at the concept of evidence more seriously.

Before we continue our discussion of evidence, it’s crucial you understand the difference between evidence for criminal cases vs. civil cases. For a guilty verdict in a criminal trial, the prosecution must prove guilt “beyond a reasonable doubt.” But for a civil defendant to be found liable, the plaintiff must only prove guilt “by a preponderance of the evidence.”

In short, there is a lower threshold to prove culpability in a civil trial than to prove guilt in a criminal trial.

Here’s the legal definition of evidence, the four types, and related terms to know.

What is the legal definition of evidence?

According to Cornell Law School, the definition of evidence is “an item or information proffered to make the existence of a fact more or less probable. Evidence can take the form of testimony, documents, photographs, videos, voice recordings, DNA testing, or other tangible objects.”

Evidence can be used in both civil and criminal proceedings. The Federal Rules of Evidence govern the admissibility of evidence in federal trials. While each state has its own rules of evidence, most state laws are modeled mainly after federal regulations.

Evidence must be obtained legally, such as during a lawful police search. Evidence is sometimes considered inadmissible if it is deemed irrelevant or prejudicial to a case.

Types of Evidence

There are four general types of evidence:

Real evidence includes tangible items, such as a weapon or an article of clothing.

Demonstrative evidence may include a model of what likely happened during the incident.

Documentary evidence refers to a letter, email, or document that includes information about the case.

Finally, testimonial evidence refers to the testimony offered by a relevant witness.

Other Terms Referring to Evidence

If you are a defendant, your attorney may challenge or try to suppress evidence presented by the other attorney. You may also hear pieces of evidence given the following labels.

Circumstantial Evidence: The defendant was seen running from the site of the murder with the murder weapon in his hand.

Corroborating Evidence: You saw a person running from the site of the murder with the murder weapon in his hand, and there is video footage showing the same thing.

Hearsay: Your dad told you that he saw the suspect murder the victim.

Exclusionary Rule: A piece of evidence can’t be used because it was obtained illegally.

Contact Kelly, Symonds, Reed, and Jansen To Learn More About Types of Evidence

People come to Kelly, Symonds, Reed, and Jansen during their most difficult times. If you have a question about evidence used for your court case, reach out to a member of our team. We help those living in the KC Metro with criminal defense, family law, or personal injury cases.

What is a Child Support Support Order?

Wed, 25 Jan 2023 15:38:06 GMT

One of the roles of the Family Court in Missouri is to put a child support order in place, which orders the non-custodial parent to pay a certain amount of money each month to support a child financially. Whether you are a non-custodial or custodial parent, you need a qualified, experienced attorney to help you with this process.

How Child Support is Calculated in Missouri

Child support is calculated using guidelines that consider the gross monthly incomes of both parents and other factors, including:

Child care expenses — including clothing, food, housing, and transportation
Health insurance costs
Costs associated with the children’s extracurricular activities
Daycare costs
Private schooling costs
Medical expenses not covered by health insurance

Other factors include the number of children each party has and the number of overnight stays the child has with the non-custodial parent.

Even though it may seem that the calculations would be straightforward, this is rarely the case. Unfortunately, many child support cases are complex.

How Child Support Orders Arise

Child support orders are typically part of a divorce decree. However, sometimes they are part of a paternity case or another administrative order from the state. Still, at other times, child support orders must be modified when a parent’s financial situation changes.

It’s worth noting that if the father’s name is on the birth certificate, it is presumed that paternity has been established. However, if the father disputes paternity, a judge can order a DNA test before the child support order is confirmed.

Unfortunately, in some cases, a non-custodial parent may refuse to work to avoid paying child support. If you find yourself in this situation, it’s worth noting that the court can impute income or establish an amount a parent should be paying based on their work history, experience, and education and use that amount to determine child support.

The Length of Time a Non-Custodial Parent Is Required to Pay

Generally, child support is paid until the child reaches the age of eighteen. But there are certain exceptions. For example, sometimes child support continues until the child graduates high school, reaches the age of twenty-one, or becomes self-supportive.

Hire Family Law Experts at Kelly, Symonds, Reed & Jansen, LLC, for Your Child Support Case in Missouri

It’s important that you have expert guidance to oversee your child support case – to protect your rights and your child’s well-being. Whether you are the custodial parent seeking child support or the non-custodial parent who will likely be required to pay it, we will do everything in our power to ensure that the courts use the best and most accurate information in determining a fair monthly amount.

Contact Kelly, Symonds, Reed, & Jansen for all your family law needs in Missouri. In addition to child support orders, our experienced attorneys will also help you with the following:

Divorce
Ex Parte/Order of Protection
Working with Child Services
Prenuptial Agreements
Property Division
Guardianships
Family Law Mediation
Paternity/Child Custody

Call 816-347-1818 to learn more about how we can support you during this difficult time.

7 Tips for Choosing a Divorce Lawyer in Kansas City

Mon, 14 Nov 2022 18:47:54 GMT

How to Choose a Divorce Lawyer in KC

There are thousands of attorneys in the Kansas City Metro and surrounding communities. So how do you select the best one for your situation? Here’s some expert advice.

Which side of the state line do they serve?

You’ll find some KC attorneys that are members of the Missouri and Kansas Bar Associations – and others who only practice in their home state.

Select a law firm known for practicing family law.

Some people depend on their personal connections to find a lawyer. However, your friend, who spends most of his time litigating personal injury cases, would not be the best person to help you with your divorce.

Consider your needs.

When selecting an attorney, consider YOUR needs – and the needs of your minor children.

Don’t select an attorney based on personality.

Consider the costs.

We know you may be surprised by the high cost of a quality divorce lawyer. However, you’ll face years of financial consequences from this decision. Choose wisely.

Research the attorneys in your area.

There’s a lot of information available about attorneys online. Once you have a list of names or firms, complete online research to find out more about them.

Interview the attorneys.

Most divorce lawyers offer a free initial consultation. Use this opportunity to ask questions like “who will be handling my case?” And “how well do you know my spouse’s attorney?”

Contact Kelly, Symonds, Reed & Jansen in Lee’s Summit for Personalized Divorce Services in Kansas City

If you have a family law matter in Jackson County or a neighboring Missouri community, schedule a free consultation with Kelly, Symonds, Reed, & Jansen. We can help you with your contested or uncontested divorce.

What to Do If Faced with Weapons Charges

Wed, 26 Oct 2022 17:39:31 GMT

You have a lot on the line if you face weapons charges. This probably isn’t news to you.

You know that you can face harsh penalties – including the loss of your right to purchase or possess firearms in the U.S. Of course, you may also face jail time. It’s worth noting that a juvenile facing weapons charges can be charged as an adult.

Here’s what to do if you have been charged with one of the following:

Illegal possession of a firearm
Felon in possession of a firearm
Possession of an assault weapon
Use of a weapon while committing a crime — such as armed robbery or other theft crimes
Unlawful sale of a firearm
Brandishing or discharging a firearm
Possession of other illegal weapons

What To Do If You Have Been Charged With a Weapons Violation

Here are three steps to complete if you have been charged with a weapons violation in Kansas City.

Go with the police.

Do not fight the police or run away. The police can arrest you if they have an arrest warrant. For some crimes, the police can arrest you without a warrant if they see you commit the crime and need to find out who you are, stop you from committing the crime, or keep you from destroying evidence,

Think before you speak.

Do not lie to the police. Tell the police your name – and that’s all. You do not have to answer questions or give any statements.

Call an attorney with experience in criminal law.

Tell the police that you want to call a lawyer. Of course, you have a right to talk to your attorney in private. However, take care in selecting the right law firm for the job. With so much on the line, it is essential that you contact an experienced defense attorney in Kansas City.

If you face weapons charges, contact the law firm of Kelly, Symonds, Reed & Jansen, LLC.

We have successfully defended many clients in cases involving gun violations and weapons charges. Cases like these are aggressively prosecuted. However, our experienced litigators will fight to protect your rights in court.

Our team will take a two-step approach to defend you in court.

We will discover and exploit any flaws in the prosecution’s case. If there is anything improper about the investigation, we will work to have your charges dismissed.
Our experienced team will go to bat for you to negotiate the best possible plea agreement – if the prosecution’s case is sound.

Why Kelly, Symonds, Reed & Jansen?

Our team has earned a reputation for criminal defense in Kansas City. We are trusted, skilled attorneys, and we understand the pressure you feel when facing such serious charges.

That’s why we offer our complete attention to our clients. The team at Kelly, Symonds, Reed & Jansen will be your advocate and work hard to obtain the most favorable result possible.

So, go with the police and do not resist arrest. Only tell them your name and then remain silent. Then, call 816-347-1818 to talk with a member of our staff.

What Does Consent Look Like in 2022?

Fri, 30 Sep 2022 15:33:54 GMT

RAINN (Rape, Abuse & Incest National Network) offers essential resources on the subject of consent. According to this website, here's what you need to know about Missouri consent laws.

Missouri's Definition of "Consent"

"Consent" is not explicitly defined in Missouri law.

However, first-degree rape is committed "if the offender has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by use of forcible compulsion." Please note that a person's disability or and/or mental incapacity affects their ability to offer consent.

While the age of consent is 14 years old in Missouri, "statutory rape in the second degree is defined as an actor 21 years old or older having sexual intercourse with another person who is less than 17 years old."

Furthermore, child molestation in the fourth degree occurs "if a person, being more than four years older than a child who is less than seventeen years of age, subjects the child to sexual contact." It doesn't matter if the defendant believed the child to be older.

Crime of Sexual Contact

A person commits the crime of sexual contact with a student if they have sexual contact with a student and has one of the following roles:

a teacher;
a student teacher;
an employee of the school;
a school volunteer;
an elected or appointed official of the school district; or
a person employed by an entity that contracts with the school district to provide services.

Whether the student consented to sexual contact does not matter.

It is also a crime for sexual conduct to take place between:

caretakers and nursing facility residents;
mental health providers and vulnerable persons;
corrections officers and prisoners.

What To Do If You Have Been Charged With A Sex Crime

Perhaps you are unaware of Missouri's consent laws and find yourself charged with a sex crime in the state. Of course, sex crime charges carry a stigma that other criminal charges do not. Unfortunately, even if the accused person is proven entirely innocent of the charges, the stigma can remain long after the case has been settled. And, of course, a conviction may result in lengthy imprisonment and life-long registration as a sex offender.

It's vitally important you take these charges seriously.

If you have been charged with rape, statutory rape, molestation, child pornography, pornography, computer crimes, or felony sex offenses, contact Kelly, Symonds, Reed & Jansen, LLC, in Lee's Summit, Missouri. Our expert staff will handle your legal case while you work on putting your life back together.

Our legal team has more than 50 years of combined courtroom experience. We customize our litigation strategy for each client in order to obtain the best possible outcome.

Do you need help learning more about Missouri's consent laws? Or are you facing criminal charges in a case involving sexual impropriety? Obtain a free case evaluation by filling out the contact form on our website. People come to us during their most difficult times – and we help them.

Legal Tips for College Freshmen

Wed, 17 Aug 2022 15:21:04 GMT

Legal Tips for College Freshmen

It's exciting when one of your chicks leaves the roost. However, you may also be concerned when you drop your darling child off at their dorm, fraternity, or apartment for the first time.

Here are some legal tips to share with your college freshman as you prepare for their first year away.

Talk About Drinking

Too many college students feel that it is a required rite of passage to act like an idiot with alcohol while in college. We know that you'll feel like you are talking to a brick wall when you advise your college student to stay away from alcohol and drugs. Instead, consider asking an experienced college student to offer sound advice to your son or daughter, perhaps referring to their own bad experience.

Remind them that they aren't insulated from a conviction if they drink as a minor. Even if EVERYONE is partaking while tailgating before the big game, they may be charged with public intoxication or having an open container. (Tell them that cops aren't fooled when you drink vodka from a Diet Coke can.)

We hate to have to bring this up but talk about the consequences of becoming intoxicated. Here are some frightening statistics from the National Institute on Alcohol Abuse and Alcoholism. Annually, studies show that

696,000 students are assaulted by another student who has been drinking.
97,000 students are victims of alcohol-related sexual assault or date rape.
100,000+ students report being too intoxicated to know if they consented to have sex.

Talk About Drinking and Driving

Hopefully, your discussion about the consequences of drinking and driving started when your student was still in high school. And – hopefully, you have been an excellent example to your kids.

As they begin their college career, make sure they have a car share app loaded on their phone. Tell them this doesn't permit them to drink; instead, it could be used as an emergency backup if they find themselves in a situation where escape is necessary.

Talk to Them About Social Media Posts

Taking photos or videos of participating in criminal activity is simply stupid, but people do it every day. Make sure your kids understand that everything they post online could be used against them as evidence.

Talk About What to Do If Something Bad Happens

Make sure your children have a basic understanding of their rights. While you want to teach your young adult to cooperate with authorities, they should also know that they always have the right to remain silent and request that an attorney be present if they are questioned or asked to make a written statement. Sure, they may know these words from TV and movies, but do they understand what they mean? Make sure they do.

If Something Bad Happens, Quickly Reach out to A Trusted Attorney

Don't wait around and assume that the charges will all blow over. Instead, if something terrible happens to your college student, contact Kelly, Symonds, Reed & Jansen. We have some of the best criminal defense attorneys in Lee's Summit and the entire KC area. You can reach us any time by filling out a contact form on our website.

The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Summer Travel Legal Tips

Mon, 11 Jul 2022 14:30:00 GMT

If we learned anything about traveling from the Griswold Family in National Lampoon’s Vacation, it was that we should be knowledgeable about the destination and prepared for any emergency. So here are some travel legal tips for someone getting ready for a summer trip to Wally World or another favorite tourist trap.

Know the local laws in each state you’ll be driving through.

Some states have a hand-held ban on using cell phones, while some offer age-based restrictions. Almost every state has a restriction against texting while driving. Regardless of the law, we would like to politely suggest that you leave your phone alone while on the road.

Excessive window tint can be a valid reason for a traffic stop in many areas, and the legal limit varies by state. If you are paying for after-market tinting, you might pay attention to those rules if you sometimes go on road trips.

Keep photocopies of your passport and credit card information at home.

We know this isn’t necessarily legal advice, but it is a good practice for those traveling far from home for vacation.

Leave a copy of your current Will and Power of Attorney with a family member or friend.

Do you not have a Will or Trust? Then, schedule a consultation with a lawyer immediately.

Leave a copy of your current Will and Power of Attorney with a family member or friend.

Here are some quick guidelines for what to do if you get in a car wreck while on vacation.

Stop
Call the police
Identify the other driver and potential witnesses
Only report the facts
See a doctor
Contact an attorney

As a side note, ensure you are driving with valid car insurance and that your driver’s license is up to date.

Don't Drive While Impaired

Impairment can take many forms. First, of course, you should never drive under the influence of alcohol or drugs. But you should also pull over for the night if you are overly tired or have health issues that might affect your judgment or ability to drive.

Consider your travel times.

While you might not be able to alter your vacation days, you may be able to avoid traveling through metro areas during rush hour. Also, be aware of times when your vision may be limited because you are driving into the sun.

Ensure that your vehicle is in good driving condition before you go.

Check your tire pressure, headlights, tail lights, and maintenance lights.

Make memories!

While we certainly learned the importance of being knowledgeable about your destination and prepared for any emergency from Clark Griswold, we also learned the importance of making memories with our families.

Contact Kelly, Symonds, Reed & Jansen If You Find You Are In Need of Any Legal Advice

We hope you have smooth sailing while on your family vacation this summer, but if you face any legal issues, contact Kelly, Symonds, Reed & Jansen, your personal injury and criminal defense attorneys in Kansas City. We serve residents of Kansas City Metro communities on the Missouri side. Fill out the contact form on our website for a free case evaluation.

What Happens If You’re Charged With A Probation Violation?

Tue, 05 Jul 2022 14:12:50 GMT

Were you recently charged with a probation violation? Here’s some general information about what this means and who you can turn to if you live in the Kansas City Metro area.

What is probation?

You may have been given the option of choosing probation over jail time. However, as part of the agreement, you had to sign off on a set of rules – knowing that you could be penalized if you violated the rules.

How did you violate your probation?

Probation terms vary on the situation, but your probation officer should have gone over your terms with you. For example, some terms restrict the defendant from leaving home during certain hours, and others may prohibit the use of alcohol. Still, others violate their probation if they fail to check in with the court as requested. And, of course, if you commit another crime while on probation, this is a violation of your terms.

What happens after you are caught not following the terms of your probation?

This depends on your specific situation. However, a probation officer is legally required to notify the court if you do not follow the terms of your probation. As a result, the court may give you a warning or require you to appear before a judge.

If this is your first violation, and the severity of the condition you violated was not severe, you might be given a warning. However, this is up to the discretion of the judge.

If you are asked to appear before the judge for a probation violation, do you need an attorney?

If you have received written notice that your probation violation has been reported to the court, reach out to an attorney. They can use the time before the court date to gather evidence on your behalf to dispute the violation. It’s worth noting that the prosecuting attorney doesn’t need to submit overwhelming evidence to prove that you violated your probation.

During court, the judge will examine the evidence, evaluate the severity of the violation, and determine the probability of whether you will violate probation again. As a result, the judge may add terms to your probation, extend the time period of your probation, or sentence you to serve your remaining time incarcerated.

You have a right to be represented by an attorney during your probation hearing. You also have the right to introduce evidence that may help with your case.

Who can help you with your probation case in Kansas City?

In the Kansas City Metro area, reach out to Kelly, Symonds, Reed, and Jansen. We hire the best criminal defense attorneys in the region and will fight for your interests in your probation violation case. In addition, we customize our litigation strategies to seek the best possible outcomes for our clients.

For a free case evaluation and to learn more about our services, please fill out the contact form on our website today.

The staff of Kelly, Symonds, Reed, and Jansen in Lee’s Summit, MO, is ready to serve you.

What Are the Basics of a Prenuptial Agreement?

Thu, 19 May 2022 16:32:16 GMT

You may associate prenuptial agreements with celebrities, sports figures, and other super-rich people. However, prenups can be used to protect people of more modest means.

What is a prenuptial agreement?

A prenuptial agreement is written and signed before a couple gets married. The document sets forth the division of assets in the event of divorce or death. Because each state has its own laws regarding prenuptial agreements, make sure you work with a lawyer who understands the laws of the state where you will reside AND where the wedding will take place.

Why would you want a prenuptial agreement?

Typically, prenups are written if you have substantial assets that you would like to protect. Prenups often state that any assets brought into the marriage remain that person’s separate property if the union ends in divorce. However, there are other reasons that you might want to hire a lawyer to write a prenup.

You might want a prenup if you would like to protect a piece of property so that it goes directly to your children after you die. You might want a prenup if you previously experienced a messy divorce and you don’t want to go through long arguments over the division of property again. You may not realize this, but a prenup can also protect you from the debts that your spouse brings into the marriage.

Even though some may view a prenup as unromantic and a bad omen, you don’t know what life will throw at you. You might look at a prenup as you would an insurance policy – something to protect your interests (or your children’s interest) IF the worst should happen.

What are important things to know about having a prenup?

All assets and potential assets need to be disclosed for a prenup. Even if one part of the couple may not have any assets, they may be in line to inherit money or property from a relative. Those assets need to be disclosed when a prenup is drafted.

It’s also important to remember that each party should have their own attorney when creating a prenup. In fact, some states require it.

Even though TV and movies may show couples arguing about a prenup immediately before the wedding, they are typically finalized way before the blessed event. Some prenups may be overturned if discovered they were written directly before the wedding.

I’m already married. Is it too late for a prenup?

Yes, prenups can only be written before the marriage takes place. However, depending on where you live, you might benefit from a postnuptial agreement signed by two married people.

Who can I turn to for a prenup in Missouri?

Would you feel more confident going into a marriage knowing that your assets will be protected if your marriage dissolves? Then, schedule a consultation with Kelly, Symonds, Reed & Jansen, LLC. Our staff will listen to your concerns and formulate a plan – even before you propose.

Fill out the contact form on our website , and one of our attorneys specializing in family law will answer your questions.

What Do Child Custody Lawyers Do?

Tue, 19 Apr 2022 15:50:57 GMT

We hope you never need a child custody attorney. However, these professionals may be necessary if you are going through a divorce or legal separation.

Here’s how a law firm specializing in child custody matters can help your family through this challenging situation.

We can help you prove what living situation is best for your child.

The court will be focused on determining what living situation is best for your child. This means that you might need a child custody lawyer to gather evidence about living conditions and familial relationships.

This process may require investigations and expert testimony, and a child custody lawyer has the resources available to help you with your case.

We can inform you about your parental rights.

Of course, a child custody lawyer won’t only look after the child’s best interests. They will also inform you of your rights as a parent.

We understand that not having access to your children full-time is unfamiliar territory to you - personally and legally. Hiring a child custody expert will help you consider all the scenarios and how the law could be used to protect your parenting time.

We will help determine appropriate child support payments.

There’s a lot that goes into the calculations for child support. For example, the income of both parents is taken into account, and the amount of time the children spend with each parent.

You can achieve a fair and accurate child support calculation with a child custody lawyer at your side. It’s essential to have legal counsel to look after your best interests.

We will present your case in court.

It’s crucial to hire a child custody lawyer who is a good communicator and well versed in court procedures. The choice of a lawyer is important as they will influence a judge’s decision regarding the custody of your children.

Even if you are not engaging in a “custody battle,” it’s important to have representation to help you through the legal process.

We will assist you with the modification of existing child custody orders.

Situations sometimes change that may affect your existing custody or child support agreement. A child support attorney can help families by writing a clear petition to the court for modifications. And, of course, they will present your case in front of a judge.

We will assist you with the adoption process.

Do you wish to add to your family? You’ll need the help of a lawyer to go through the adoption process.

Get legal representation you can trust!

If you have a family law matter in Jackson County, Missouri (or a neighboring KCMO community,) reach out to Kelly, Symonds, Reed & Jansen, LLC. Our legal team has experience in all family law matters – including child custody.

We know that this is an emotional time for you. Therefore, we will work together to make a plan that is in the best interest of your children while at the same time protecting your parenting rights.

What Should You Look for in a DWI Lawyer?

Thu, 17 Mar 2022 14:37:28 GMT

Are you facing DWI charges in Missouri? If so, you will need the help of the best DWI criminal defense attorney in Kansas City.

You already know that a DWI conviction can have harmful effects on your career and home life. An experienced DWI law firm representing you is your best chance of avoiding a devastating conviction. Additionally, an experienced attorney can also help you obtain a lighter sentence if you are convicted.

Do you need help finding a criminal defense lawyer in Lee’s Summit or another part of the KCMO Metro area? Here are some characteristics to look for when searching for legal representation.

Experience and Training in DWI Convictions

Look for a KC firm that specializes in DWI cases. Even though you can hire anyone with a license to practice law in Missouri to defend you, you should look for a firm with a deeper understanding of DWI laws in Missouri.

A Good Track Record

Look for a DWI lawyer with a reputation for winning. You should also look at the sentencing their clients were given to get a broader view of the firm’s record.

An Ethical Attorney

The disciplinary records of lawyers are available to the public. Visit the Missouri Bar website to determine whether the attorney is in good standing. You don’t want to associate yourself with an attorney who uses less than questionable methods.

Affordable

Not all attorneys charge the same rates. Most people would advise you to hire the best attorney you can afford. If you can’t handle the fees from a high-price lawyer in KC, you need to find a DWI lawyer who will handle your case for less money.

Local Attorney

Kansas Citians looking for legal representation must be mindful of the state lines. If you were charged in Missouri, it would be wise to find a law firm specializing in Missouri law – even if you live in Kansas.

Excellent Communicator

A good DWI lawyer must be knowledgeable about the law and a great communicator. If you are concerned with their writing or speaking skills, you should find an attorney that will present your case well.

Contact Kelly, Symonds, Reed, & Jansen, LLC

Do you need help with a DWI or DUI charge in Kansas City? The team of defense attorneys at Kelly, Symonds, Reed & Jansen, LLC, has more than 50 years of combined legal experience. Additionally, you’ll have a former Jackson County prosecutor (Attorney David A. Kelly) on your side. Kelly has a lot of valuable insight into the prosecution of DWI/DUI cases in Jackson County.

Additionally, we explain all of the legal options to our clients and inform them of what we believe are their realistic chances at trial. At the same time, we will aggressively pursue the option our client chooses, whether it is to seek a case dismissal or discuss the best plea option.

Do your research before hiring an attorney. However, you’ll soon realize that the firm of Kelly, Symonds, Reed, & Jansen, LLC has everything you should look for in a DWI lawyer.

What You Should Consider When Looking for a Divorce Lawyer

Thu, 17 Mar 2022 14:31:25 GMT

How to Find a Divorce Lawyer in Lee’s Summit

Please accept our sympathies if you are searching for information on divorce lawyers. The end of a marriage is often described as feeling similar to a death. You might be hurting right now as you see your marriage dissolve.

While we certainly advise counseling for our clients – especially if they have children – you might be at the point where you are ready to obtain a legal separation or divorce. We at Kelly, Symonds, Reed, & Jansen would like to offer our assistance. But before you contact us, consider these points about hiring a divorce attorney.

Here are some points to consider when hiring a divorce lawyer in Kansas City.

Understand the role of your attorney.

When you hire a divorce lawyer in Independence, MO, you are hiring a legal advisor who will represent your best interests through the process. Your divorce attorney is not your therapist. While you certainly want to hire an attorney who listens, remember your lawyer’s role in the process.

Find a firm with a lot of experience in family law.

Law firms have specialties. Even if your lawyer can assist you with dividing assets and determining custody, it doesn’t mean that they have a lot of experience with such cases.

As you start the process of selecting a lawyer, look at the websites of law practices in your area. You might be able to tell if family law is a focus of a firm by looking at their website. Keep in mind that firms that specialize in family law and divorce will have access to financial experts, parenting coordinators, forensic appraisers, and other experts that may be crucial to your case.

Ask for referrals from family and friends.

If you are comfortable discussing your private matters, ask for referrals for a divorce lawyer from family and friends. Even if your friend used an attorney they wouldn’t recommend, that information would be helpful – as it will enable you to cross a firm off your list.

Understand the fees.

Some divorce lawyers will offer you a free consultation to discuss your situation. During that consultation, ask about fees.

Most divorce lawyers charge an hourly fee. However, some will negotiate fees based on anticipated settlements. Some will also require a retainer, a payment made in advance of services. Divorces range in complexity, and it may be difficult for an attorney to anticipate how many billable hours will be needed to complete the case.

If you are looking for a divorce lawyer in Independence, MO, schedule a free consultation with Kelly, Symonds, Reed & Jansen, LLC. Although we are located in Lee’s Summit, MO, we also assist clients in other Kansas City, MO Metro communities, such as Blue Springs.

Our firm assists Kansas City families with all types of family law. Besides contested and uncontested divorce and separations, we also handle child custody matters, the distribution of assets, cases where Child Protective Services are involved, modification requests, orders of protection, or the creation and enforcement of prenuptial agreements.

Call 816-347-1818 to schedule a free consultation.

What is Ex Parte / Order of Protection?

Tue, 25 Jan 2022 15:49:48 GMT

What is Ex Parte / Order of Protection?

There are two orders of protection in Missouri –ex parte and a full order of protection. Here’s what you need to know about them.

Generally speaking, an order of protection restrains a person from abusing, stalking, sexually assaulting, or harassing another person. An order of protection is different from a restraining order because it carries a criminal penalty if the order is violated.

An order of protection is valid in Missouri and every other state, and they are upheld across state lines.

Ex Parte Order of Protection

An ex parte order of protection is a temporary order. The court issues it before the person has received notice of the order of petition or has had an opportunity to be heard in court.

Typically, an ex parte order of protection will expire after 15 days if there has been no hearing or continuance on the order.

An ex parte order of protection can work in the following ways:

Temporarily restrain the person from committing or threatening to commit domestic violence, molesting, stalking, sexual assault, or disturbing the peace of the person petitioning the order.

Temporarily restrain the respondent from entering the petitioner’s premises whether the dwelling is jointly or individually owned, leased, or rented.

Temporarily restrain the respondent from communicating with the petitioner.

A temporary order of custody of minor children where appropriate.

A temporary order of possession of pets where appropriate.

Other terms as the court reasonably deems necessary to ensure the petitioner’s safety.

Full Order of Protection

A full order of protection may be issued after the person against whom the order is directed receives notice and has had an opportunity to be heard.

Here are some of the things that can be the result of a full order of protection:

Prohibit the respondent from committing or threatening to commit domestic violence, molesting, stalking, sexual assault, or disturbing the peace of the petitioner, including violence against a pet.

Prohibit the respondent from entering the premises of the dwelling unit of the petitioner when the dwelling unit is jointly or individually owned, leased, or rented.

Prohibit the respondent from communicating with the petitioner

Award custody of minor children so that the best interest of the child is considered.

Establish a visitation schedule for the non-custodial parent that is in the best interest of the child.

Award child support when no prior order of support exists.

Award income maintenance in accordance for no more than 180 days if the parties are married.

Order the respondent to participate in a counseling program or a substance abuse treatment program.

Order the respondent to pay the cost of medical treatment for injuries sustained by an act of domestic violence.

Award possession and care of any pet, along with any money necessary to cover medical costs that may have resulted from abuse of the pet.

Order the respondent to pay the petitioner’s attorney fees.

Do you need help understanding how an Ex Parte or Order of Protection affects you?

Consult with Kelly, Symonds, Reed & Jansen when you need a Missouri ex parte attorney. People come to us during their most difficult times, and we help them get through it. Schedule an appointment by calling 816-347-1818.

Source: “ Orders of Protection – Adult. Information for Both Parties .”

What You Should Know About Getting a DWI in Missouri

Thu, 23 Dec 2021 15:53:35 GMT

What You Should Know About Getting a DWI in Missouri

Before we give you some details about Missouri alcohol laws, we would like to encourage you to reach out to the staff of Kelly, Symonds, Reed, and Jansen if you are looking for a DWI Defense Lawyer in Lee’s Summit MO. We will stand beside you as you face this difficult time. We have a lot of experience with this type of case, and our staff is ready to listen to your side of the story.

No evidence of impairment is needed to be convicted of a DWI charge in Missouri. In fact, a driver 21 and older with a blood alcohol content (BAC) of 0.08% can be charged with a DWI. Drivers 21 and younger can be charged with a DWI for a BAC level as low as 0.02%.

It is important to note that if your BAC is 0.15% or higher, you may be charged with an aggravated DWI.

Penalties for a DWI in Missouri

The penalties for a DWI in Missouri generally depend on the BAC level of the driver as well as the number of prior convictions.

For example, a typical DWI first offense may be considered a Class B misdemeanor, with a minimum jail time between 48 hours and five days and a maximum jail sentence of six months. The person charged may also be fined.

However, multiple convictions result in increased jail time. For example, after four or more DWI convictions, the minimum sentence in Missouri is two years.

Depending on your BAC level, you may also be forced to complete a court-ordered alcohol treatment program.

Ignition Interlock Devices in Missouri

Of course, a DWI conviction can also result in a license suspension or revocation. If you are convicted of a DWI, the State of Missouri will automatically suspend or revoke your driving privileges for at least 90 days. If this is your first time being charged with a DWI, you may request to install an Ignition Interlock Device in your vehicle -- which will enable you to start your car after blowing into the device. Unfortunately, this privilege is not available to everyone.

Some drivers may receive limited driving privileges after having their license suspended for 30 days.

Neither of these privileges is available for those convicted of a motor vehicle-related felony, leaving the scene of a car accident, or driving under the influence of drugs.

Those who are convicted of a second DWI in Missouri may receive a one-year revocation of their license.

Implied Consent in Missouri

Some drivers refuse to submit to chemical tests for alcohol or drugs if a member of law enforcement pulls them over. This may result in your driving privileges being revoked for one year, which is referred to as “Chemical Revocation.”

Reach out to Kelly, Symonds, Reed, and Jansen – Your DWI Defense Lawyer in Independence MO

The staff of Kelly, Symonds, Reed, and Jansen is ready to assist those seeking a DWI Defense Lawyer in Blue Springs MO or anywhere else on the Missouri side of the KC Metro area. We are a law firm located in Lee’s Summit, Missouri, and we are ready to assist you with your DWI charges in Missouri.

Call 816-347-1818 to talk with a member of our staff regarding your unique situation.

What to Do If You've Been Falsely Accused of Sexual Assault?

Fri, 12 Nov 2021 15:52:17 GMT

Being falsely accused of any wrongdoing would be a traumatic and stressful experience. However, being falsely accused of sexual assault would be at the top of the list of experiences most people would want to avoid.

What happens if you find yourself being falsely accused of sexual improprieties? Here are some things to consider.

1. Don't "wish" the allegations away.

We know you may want to bury your head in the sand. However, this is one of the biggest mistakes you could make in this situation. There are substantial legal ramifications to being charged and convicted of a sex crime – but you already know this is true.

As difficult as it may be, don't live in denial about the amount of trouble you are facing. Even if you can't imagine that the accusers "have a case," don't make the mistake of bumbling along and assuming that nothing will come of the allegations.

2. Select the right criminal defense attorney to represent you.

Before you do anything including making a statement about the allegations it is wise to seek advice from a lawyer. So make sure you do a bit of research to find the right attorney for your situation. Even though it would be convenient to give the business to the attorney who lives across the street from you, you need to find the best sex crimes lawyer in your area.

If you live in the Kansas City Metro, consider reaching out to a sex crimes lawyer in Lee's Summit MO – Kelly, Symonds, Reed, and Jansen. Our firm has wide and varied experiences. So whether you are seeking the help of an ex parte attorney in Independence MO, a divorce lawyer in Blue Springs MO, a DWI defense lawyer in Lee's Summit MO, or a sex crimes lawyer in Kansas City, we can assist you with your case.

3. Become active in your case.

Please understand that even when you find a good, qualified attorney to represent you, that doesn't mean you can put your feet up and let them do all the work. On the contrary, the best results come from a fully involved and informed client.

While working with your criminal defense attorney, you'll need to educate yourself on the allegations you are facing. The more time your defense team spends to educate you, the less time we have to spend on your defense. And the more time we spend persuading you to follow our directions, the less time we'll have to work on your case.

For example, if your attorney asks you to create a timeline of events, do it. Put it in writing. Include as many details as you can recall to help aid in your defense.

Your attorney may also ask you to create a witness list, including the people's names, addresses, contact information, as well as their employment and a brief biography. Your criminal defense attorney in Independence MO (or other parts of the Metro area), may ask for the contact information for everyone involved – not just the people who would support your case.

Contact Kelly, Symonds, Reed, and Jansen , Criminal Defense Attorneys in Kansas City

Don't just assume that the sexual assault charges you are facing will simply go away. Be proactive in your defense. Even if you don't reach out to Kelly, Symonds, Reed, and Jansen – contact another sex crimes lawyer in Independence MO, so you don't end up on the sex offender registration in Blue Springs MO.

Why Hiring a Sex Crimes Lawyer in Kansas City is an Important Decision?

Thu, 28 Oct 2021 17:01:30 GMT

Choosing the right professional for a job is one of the keys to living a good life.

So, whether you are selecting a doctor to help you through a cancer diagnosis or a criminal lawyer in Kansas City to help you fight your criminal charges, make sure you know who you are hiring.

While it is crucial to choose the right criminal lawyer to defend you against all types of charges (drug crimes, theft, firearm offenses, assault), it’s imperative for you to hire an aggressive and effective defense attorney when faced with sex crimes.

Sex crime charges carry a stigma that other charges do not. Even without being convicted, a person charged with sex crimes may lose access to their children, and their careers may be ruined. This stigma can continue even after an accused person has been proven innocent.

If a person’s sex crime charges result in a conviction, the result may be imprisonment and being forced to register as a sex offender for the rest of your life.

But you know this already. That’s why you are looking for a skilled team of criminal defense attorneys in Kansas City. Please consider reaching out to the staff of Kelly, Symonds, Reed & Jansen, LLC , in Lee’s Summit.

We defend clients against criminal charges related to sex that include:

rape,
statutory rape,
molestation,
child pornography, including “sexting” and the distribution of child pornography,
computer crimes, and
felony sex offenses.

We know these might be the darkest days of your life, but our staff at Kelly, Symonds, Reed & Jansen, LLC , will keep you informed and explain what is happening in your case. Because at Kelly, Symonds, Reed & Jansen , we believe in the importance of communication between client and attorney.

We will handle all aspects of your legal case so you can stay focused on controlling some of the fallout that your case may be having on your personal life.

Kelly, Symonds, Reed & Jansen, LLC , is known for offering strong, knowledgeable criminal defense in Kansas City for sex crimes as well as other types of charges. When we take matters to court, we fight hard to win. We have a proven track record of defending those charged with sex crimes, and we have won cases involving felony sex crimes cases for our clients.

The attorneys at Kelly, Symonds, Reed & Jansen , LLC have diverse legal backgrounds with over five decades of combined experience in criminal defense cases. We also help clients with personal injury cases and have family law experts on staff.

Being accused of a sex crime can harm your reputation. But no matter what type of charges you face, Kelly, Symonds, Reed & Jansen will diligently protect your rights and freedoms. We know that our clients put their trust in us, and we take our responsibilities seriously.

Contact the staff of Kelly, Symonds, Reed & Jansen at 816-347-1818 or contact us through the secure form on our website .

We serve the entire KC metro area.

What are Sex Crimes? Why Are They Different Than Other Criminal Cases?

Tue, 14 Sep 2021 17:12:19 GMT

If you were recently accused of a sex crime, you need to reach out to a law firm with skilled attornies who have earned a reputation as being professional and trustworthy. If you live in the Kansas City Metro area, consider reaching out to Kelly, Symonds, Reed & Jansen. We know that you are facing a potentially life-changing situation, and we promise to offer the most attentive client service to obtain the most favorable result possible.

We understand you probably have many questions about your case. While the best course of action is to contact our firm, we would like to provide you some basic information regarding sex crimes and why they are different than other criminal cases.

Types of Sex Crimes

There are many different types of sex crimes, and each one comes with a harsh penalty if the person is convicted.

Molestation Crimes
Rape / Aggravated Sexual Assault
Statutory Rape
Sexual Assault of a Child
Possession of Child Pornography
Sex Offender Registration Violations
Internet Sex Crimes
Attempted Sexual Assault

When you reach out to Kelly, Symonds, Reed & Jansen, you can rest easy knowing that we will provide you with a comfortable environment. It’s crucial that you feel comfortable with us, so you feel free to tell us everything about your situation, even the difficult parts to share. Our staff’s job is to help you defend yourself because everyone is innocent until proven guilty.

It is essential that you find the right lawyers to defend your case because sex crimes are different from other cases. Here are the reasons why.

Why Sex Crimes Are Different

Even though everyone should be considered innocent until proven guilty, a person accused of sex crimes may face repercussions before they even face trial. This is one reason that sex crimes are different than other types of crime.

Generally, society views sex crimes as worse than other types of crime, especially when they involve a child. Because of this, law enforcement officers may be more aggressive on sex crime cases. You might even find such crimes brought up during political campaigns because it is known that such cases cause voters to react emotionally.

A person convicted of a financial crime might have to face jail time, but those convicted of sex crimes often experience collateral consequences of those convictions.

Such consequences may include:

Difficulty finding a job
Difficult renting a home
Experiencing a damaged reputation in the local area
Having to register as a sex offender for decades
Loss of immigration status

Because of these consequences, you must find the right lawyer who is skilled and knowledgeable in this type of case. For those facing sex crime allegations in Kansas City, reach out to Kelly, Symonds, Reed & Jansen.

Kelly, Symonds, Reed & Jansen will begin your defense even before official charges are filed against you. We understand how scared you are to face these accusations, and we will stand by your side every step of the process.

Reach out to Kelly, Symonds, Reed & Jansen in Lee’s Summit, Missouri by calling 816-347-1818 . We work on both sides of the state lines.

Missouri’s Operation CARE designed to protect travelers over holiday

Wed, 28 Apr 2021 14:00:37 GMT

Taking a road trip to a relative’s home that lives outside of Jackson County for the Thanksgiving holiday can be exciting, especially with the thought of a home-cooked meal and time with family looming overhead. However, many Americans have this same idea the day preceding Thanksgiving . In 2009, the Research and Innovative Technology Administration estimated that approximately 91 percent of Americans would travel by car to reach their destination for this holiday.

Decreasing traffic crashes and fatalities over the Thanksgiving holiday

With so many travelers out on the road, specifically the night before Thanksgiving, or ‘Black Wednesday,’ the number of vehicle accidents and fatalities increases substantially. According to the insurance provider Progressive, between the hours of 8 p.m. the night before Thanksgiving and up until 3 a.m. the morning of, rear-end accidents rise approximately 24 percent, property damage claims rise by 14 percent and collision claims go up by 17 percent.

In order to combat the number of crashes and fatalities on the busiest travel day of the year, the Missouri Highway State Patrol Office launched a program to keep these high numbers at bay. Known as Operation CARE, or Combined Accident Reduction Accident, drivers that travelled over the holiday weekend likely saw an abundance of highway patrol cars out on the prowl for unsafe drivers and to assist motorists as needed.

According to OzarksFirst.com, six people were killed in traffic accidents over the Thanksgiving weekend, in 2012, 434 people were injured and 1,208 accidents occurred. In order to reduce the number of injuries and fatalities over the Thanksgiving holiday this year, as a result of Operation CARE all available officers will be placed at twenty mile intervals along several of the state’s highly travelled interstates.

Travel tips for drivers

Although efforts like Missouri’s Operation CARE are designed to protect travelers during the Thanksgiving weekend, they cannot fully control the actions of other hazardous drivers out on the roads. To stay safe over busy holiday travelling times, drivers should:

Pay extra attention to the road around them.
Use any passengers as a way to spot unsafe drivers travelling near the vehicle.
Keep more distance than usual between their vehicle and the car ahead of them, especially during winter driving conditions.
Find a designated driver if alcohol was consumed during the evening.
Call a professional driving service if it unsafe to drive.

Unfortunately, while extra caution during busy holidays may help drivers avoid an accident, others are not so lucky. If you were injured in a car accident over your holiday travels, contact an attorney in your area that can help you obtain proper compensation for your injuries.

Study finds spinal cord injuries are increasing nationwide

Wed, 28 Apr 2021 13:59:16 GMT

The spinal cord plays one of the most important roles in the body. It is responsible for relaying messages between the brain and the muscular, urinary, gastrointestinal and other vital systems in the body. Needless to say, spinal cord injuries can cause symptoms that are life-long. Unfortunately, according to a recent study from Johns Hopkins, the number of traumatic spinal cord injuries is increasing in the United States.

D uring the study, researchers analyzed a sample of 43,137 adults treated in emergency rooms across the nation for spinal cord injuries. The study focused on a three-year period from 2007 to 2009. During the study, the researchers observed that the number people seeking treatment for spinal cord injuries during this time increased, especially among older adults. More than one-third of such injuries were caused by car accidents , the researchers discovered.

Aftermath of spinal cord injuries

As a functioning spinal cord is necessary for important bodily functions such as breathing, movement, digestion and excretion, any damage to the spinal cord can result in serious symptoms such as:

Loss of bladder or bowel control
Difficulty breathing
Paralysis
Loss of sensation or tingling sensation in the extremities
Severe pain

The type of symptom experienced depends heavily on which part of the spinal cord was damaged.

Depending on the age of the person injured and the severity of the injury, spinal cord injuries can be expensive to treat. According to the National Spinal Cord Injury Statistical Center, treatment for spinal cord injuries can range from $1 million to $5 million over a person’s lifetime. Since modern medicine has not yet found a way to reverse damage to the spinal cord, sufferers often require multiple surgeries and a lifetime of medication and rehabilitation therapy.

An attorney can help

According to the Centers for Disease Control and Prevention, most spinal cord injuries are caused by car accidents, falls, sports injuries and assault. Unfortunately, many of such events occur because of someone else’s negligence or carelessness. If the spinal cord is damaged as a result, the cost of treatment can be financially crushing for the victim.

Fortunately, under Missouri law, if you were injured due to negligence, you have the right to seek compensation for the past and future medical bills, lost wages and pain and suffering that accompany your injuries. An experienced personal injury attorney can evaluate your claim and ensure that the responsible party is held accountable for his or her role in causing your injury.

Missouri bill would allow some motorcyclists to ride without a helmet

Wed, 28 Apr 2021 13:58:27 GMT

Proposed legislation in Missouri would repeal the state’s universal helmet law for motorcyclists.

In Missouri and across the country, May has been designated as Motorcycle Safety Awareness Month. While law enforcement officers will focus on ensuring motorists in Missouri are traveling safely, some legislators are working to repeal the universal helmet law in the state.

Currently, all motorcyclists in Missouri are required to wear helmets when on the road. Recently, the Missouri House of Representatives passed a bill that would limit that requirement. Under the proposed legislation, motorcyclists over 21 years of age would be able to decide for themselves whether they want to wear a helmet.

Safety advocates argue the passage of the bill would increase the number of motorcyclist fatalities in Missouri significantly. According to the Centers for Disease Control and Prevention, Missouri’s universal helmet law saved 46 lives for every 100,000 registered motorcycles in the state in 2010.

In addition, other states have seen a sharp uptick in the number of motorcyclist fatalities following the repeal of a universal helmet law. For instance, Florida repealed its universal helmet law and motorcyclist fatalities jumped from an average of 160 per year to 246 deaths in 2001 – the year after the law changed.

The Missouri Senate will consider the bill next.

Prevent dangerous motorcycle accidents in Missouri

According to the Missouri State Highway Patrol , 104 motorcyclists lost their lives in collisions with other motor vehicles in 2012. In addition, 2,404 people were injured in motorcycle accidents in Missouri that year.

Across the country, motorcyclist fatalities have been on the rise in recent years. The CDC reported that two times as many motorcyclists were killed in 2008 than 1999 in the United States. In all, over 34,000 motorcyclists died in collisions in the U.S. between 2001 and 2008. During the same period, over 1.2 million people suffered injuries that required emergency room care following a motorcycle collision.

Missouri motorcyclists would be wise to continue wearing helmets, in accordance with the law, to reduce the severity of injuries should a motorcycle collision occur. Motorcyclists should be sure that their helmets were approved by the Department of Transportation.

If you have been injured or if you have lost a loved one in a motorcycle collision in Missouri, you may be able to recover damages because of the harm resulting from the crash. In such situations, you should take the time to talk to an experienced personal injury attorney, who will work with you to make certain your rights are protected.

Keywords: Missouri, motorcycle, accident

Proposed regulations would limit large trucks to 55 mph

Wed, 28 Apr 2021 13:57:24 GMT

The Department of Transportation, based on findings of its own research, has proposed regulations requiring speed limiters in large trucks.

One of the most common illegal activities that you likely observe on Missouri roads is speeding. According to the Missouri State Highway Patrol, it is also one of the most deadly. According to 2011 statistics from the agency, speeding was a factor in 37.8 percent of fatal car accidents in the state. Common sense will tell you that the bigger the vehicle, the more likely that speeding can cause a fatality, due to the distance needed to come to a stop. Of particular problem are large 18-wheelers that weigh 40 tons or more.

It is for this reason that the Department of Transportation (DOT) has carefully examined the problem over the past several years. Based on its examination, the agency decided to propose regulations that would require large trucks that weigh over 26,000 pounds to be equipped with a speed limiter. Speed limiters, which are technically known as electronic control modules (ECMs), are connected to the truck’s computer. Once the truck has reached a certain speed, the ECM tells the computer to start limiting the flow of fuel and air to the engine, which results in the truck being unable to accelerate to a higher speed. The speed that the DOT has decided would be the safest for large trucks is 55 miles-per-hour.

Prior studies from the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration found that trucks are generally involved in fewer accidents than passenger vehicles per 100 million miles driven. Despite this fact, when a truck accident does occur, there is a much higher likelihood of a fatality than in car accidents. Although large trucks only make up about four percent of vehicles that are driven on the nation’s roads, they are responsible for about nine percent of accident fatalities, largely because of their weight and size.

Since truck accidents pose a significant danger to occupants of smaller vehicles, the DOT hopes that its proposal to reduce speed will result in a significant drop in fatalities. The agency estimates that up to 1,115 fatal truck accidents could be prevented each year if trucks simply drove slower. The DOT’s proposed regulations have been submitted to the Secretary of Transportation. If approved, they could become effective in as early as October of this year.

Speak to an attorney

Although the new regulations would, in essence, force truck drivers to drive more safely, it would merely reduce the occurrence of only one cause of truck accidents. Because of this, motorists should remain alert when encountering large trucks on the highway.

If you or a loved one have been injured in an accident with a truck, it is important to speak with an experienced personal injury attorney. In many cases, the accident occurred because of negligence of the driver or trucking company (e.g. driver fatigue, improper loading or maintenance lapses). An attorney can determine whether negligence caused the accident and help you recover compensation for your medical bills and other expenses resulting from the incident.

Keywords: truck accidents, speeding

Preventing Missouri motorcycle accidents as the season begins

Wed, 28 Apr 2021 13:56:19 GMT

At the beginning of motorcycle season, it is important for Missouri drivers and motorcyclists to take steps to avoid accidents.

A fter a particularly long and harsh winter, warm weather has finally become a regular occurrence in Missouri. With the pleasant weather, many more motorcyclists have taken to the roads. With the increase in motorcycles on the road, it is important for drivers and motorcyclists alike to work together to prevent motorcycle accidents from occurring.

Sadly, even though it is only the beginning of motorcycle season, tragedy has already occurred on Missouri roads. In late May, a 37-year-old woman was killed in a tragic motorcycle accident near Nevada. According to the accident report, the motorcycle collided with a car driven by a 17-year-old after the car failed to yield the right of way.

Several studies over the years have been conducted on collisions between cars and motorcycles. Many of them have found that the driver of the motor vehicle is to blame for the accident most of the time. Recently, a 2013 study in Florida studied 10 years of motorcycle accident reports in the state and concluded that the motorist was at fault for the accident 60 percent of the time.

Working to prevent accidents

Although the study was completed in Florida, driver error is a universal phenomenon. It is therefore important for Missouri motorists and motorcyclists alike to take steps to minimize the risk of an accident. In order to do this, experts recommend that motorists:

Keep a minimum of four seconds of space between the car and the motorcycle for adequate stopping distance.
Check blind spots carefully when changing lanes, as cyclists can be difficult to see due to their size.
Always use turn signals.
Pay attention to the road by refraining from using cellphones, as doing so increases the risk of a distracted driving accident exponentially.

Motorcyclists, in turn, can also prevent accidents by making themselves as visible as possible to other drivers. Experts recommend wearing bright clothing in lieu of traditional all-black leather. Additionally, motorcyclists should avoid riding in drivers’ blind spots as much as possible and always wear a helmet. According to the Centers for Disease Control and Prevention, helmets prevent up to 37 percent of motorcycle crash deaths.

Speak to an attorney

Motorcycle accidents are a major cause of injuries and fatalities in Missouri. According to statistics from the Missouri Highway Patrol, 2,404 people were injured and 104 people lost their lives in motorcycle accidents during 2012, an increase on both accounts from the previous year.

When a car collides with a motorcycle, the large size and weight difference makes it much more likely that a serious injury or fatality will occur. Unfortunately, many such accidents are caused by driver negligence such as failing to follow traffic laws or distracted driving. In such cases, it is important to consult with an experienced personal injury attorney if you have been involved in a motorcycle accident. An attorney can help you recover compensation for medical bills and other expenses you incurred because of the accident.

Keywords: motorcycle accidents, car accidents

Improved tracking of commercial driver impairment

Wed, 28 Apr 2021 13:55:23 GMT

A new system designed to reduce impaired driving among commercial drivers will be set up by the federal government and implemented by early 2016.

Missouri residents understand the risks associated with sharing the roads with many large vehicles. Accidents can happen any day for any number of reasons. When commercial vehicle accidents are caused by the impairment of drivers, many people can be left to wonder how such things can happen.

T he Federal Motor Carrier Safety Administration realizes the dangers associated with commercial drivers operating large vehicles while under the influence of drugs or alcohol and is seeking new ways to reduce the risk of that happening. A new system known as the Commercial Driver’s License Drug and Alcohol Clearinghouse is currently being developed with the intention of reducing this risk and improving safety for all people on the roads.

What are the components of the clearinghouse?

According to an article in the Commercial Carrier Journal, a database will be set up to collect and report information about commercial drivers including drug or alcohol violations as well as any refusals to participate in drug or alcohol testing. Employers will be required to obtain written consent from drivers to check their records which must be done before making any new hire as well as on an annual basis thereafter.

For drivers who have had violations, a process to return to work will be identified and monitored in the system. Also included is a method for clearing incorrect information from the database. The goal is to have the entire system up and running by late 2015 or potentially early 2016.

How common are truck accidents in Missouri?

The National Highway Traffic Safety Administration’s data from 2012 shows the serious nature of large truck accidents in the state and in Cass and Jackson Counties. Jackson County actually tied with St. Louis County for the most number of deaths from truck collisions that year and the lives lost in those Jackson County accidents accounted for 7.6 percent of the state’s total.

Additional statistics include:

Fatalities from truck accidents comprised over 11 percent of all motor vehicle deaths in Missouri.
Vehicular fatalities involving alcohol comprised almost 34 percent of the state’s total.
Nearly 8.7 percent of the state’s total truck accident fatalities occurred in Cass and Jackson Counties.
Almost 9 percent of all vehicular deaths in Cass and Jackson Counties resulted from truck crashes.

Jackson and St. Louis Counties each lose seven lives in truck accidents. Green County lost five. The fatality count in other counties ranged between zero and four.

How people can get help

The new clearinghouse being set up by the FMCSA is a great step forward in improving safety on area roads. However, accidents are still able to happen. When they do, contacting an attorney is always recommended as the best way to get help.

Keywords: truck, accident, injury

MO novice-only texting and driving ban overlooks most frequent offenders

Wed, 28 Apr 2021 13:54:04 GMT

Adult drivers may be more likely to text or otherwise use their phones than teens, which means novice cellphone bans may not adequately protect drivers.

W hen most people in Lee’s Summit think of drivers who text or engage in other bad habits, they most likely think of teenagers, who may make risky decisions due to inexperience or judgmental errors. However, research suggests that texting and other distracted behaviors may even be more common among adults. This means that Missouri’s ban on texting while driving, which only applies to drivers younger than 21, may leave motorists in serious danger of distracted driving accidents.

Adults and texting

According to CNN, cellphone company AT&T has conducted surveys that suggest texting is more common among older drivers than teenagers. AT&T surveyed 1,200 teens in 2012 and 1,011 adult drivers in 2013. The surveys indicated that 49 percent of adults texted while driving, while 43 percent of teenagers texted while driving.

These differences could be explained in part by the chronological gap between the two surveys; texting may have been slightly less common among both teenagers and adults in 2012, when only teenagers were surveyed, compared to 2013, when only adults were surveyed. However, other surveys that simultaneously include adults and teens suggest that older drivers are more inclined to general phone use while driving.

Other forms of distraction

According to CBS News, a 2013 report from the AAA Foundation for Traffic Safety analyzed information from 2,325 people with current driver’s licenses. AAA reported that phone use was most common among people between ages 25 and 39, with 82 percent – or more than 4 out of 5 – of these drivers admitting to the behavior. Slightly more than half of the drivers in this age group who admitted to phone use stated that it was a frequent habit.

Drivers between ages 19 and 24 or ages 40 and 59 had the next highest rates of cellphone use, with 72 percent admitting to it. In comparison, 58 percent of teens reported using their cellphones while driving. The only drivers with lower rates of cellphone use than teenagers were drivers over the age of 60.

A growing problem

Research also indicates that texting while driving is becoming more common among drivers, regardless of age. According to CNN, the AT&T survey results released in 2013 also shared the following figures:

Almost all of the people surveyed – specifically, 98 percent of respondents – stated they know texting and driving is risky. This means a large proportion of people who admit to texting know that they are risking accidents or serious injuries .
Six out of ten survey respondents stated they never texted while driving three years before the survey. Compared to the rates of texting while driving reported during the survey, this suggests an increase in the behavior.
For four out of ten survey respondents, texting while driving represented a regular routine, rather than a lapse in judgment.

These findings suggest that stronger laws may be necessary to deter drivers of all ages, rather than just novice drivers, from texting and engaging in other distractions while behind the wheel.

In the absence of these laws, distracted driving accidents may harm many innocent drivers. After one of these accidents, it is essential for victims to meet with an attorney to discuss seeking compensation for any injuries.

Keywords: distracted, driving, accident, injury, texting

Video study shows distraction may cause over half of teen car crashes

Wed, 28 Apr 2021 13:51:14 GMT

Observational research suggests that over half of teen accidents, including a high proportion of rear-end and off-road accidents, involve distraction.

As many parents in Lee’s Summit know, distracted driving is a common problem among teenagers. Many teens may underestimate the danger of diverting their attention from driving, while others may lack the self-restraint to avoid distractions. Troublingly, half of teens report texting while driving , despite the well-known risks of this habit, according to the Missouri Department of Transportation.

S adly, this kind of inattention can have steep consequences, especially since teens have limited driving experience. Not surprisingly, a new study suggests that distraction may contribute to a large proportion of serious teen car accidents.

A common cause of accidents

As CNBC reports, researchers from the AAA Foundation for Traffic Safety recently reviewed 1,700 recordings that were taken in the vehicles of teenagers. All of these videos were recorded during the six seconds prior to a crash. The researchers found that inattention was a common problem, with the rates of distracted driving broken down as follows:

In 58 percent of moderate to severe accidents, teens were distracted immediately before crashing.
Teen drivers were paying attention to things other than driving in 76 percent of rear-end collisions.
In a staggering 89 percent of accidents in which teenagers drove off the road, distraction was a factor.

The findings of this study suggest that more teen car accidents involve distracted driving than previously believed. The National Highway Traffic Safety Administration has reported that 14 percent of teen accidents involve distraction. The study suggests that the true rate of these accidents could be as much as four times higher.

Typical teen distractions

The study identified a few widely recognized risky behaviors and a few more surprising ones. Texting played a role in 12 percent of the accidents, but it wasn’t the leading distraction. In 15 percent of the crashes, teens diverted their attention from driving to interact with passengers. The next most common activities were looking at objects, singing, moving to music, grooming and reaching for objects inside the vehicle.

Missouri law currently prevents teenagers from engaging in a few of these behaviors. Texting is illegal, and newly licensed teens can’t drive with more than one passenger under age 19 during their first six months of driving. Still, teens may violate these laws, or they engage in distractions that aren’t explicitly outlawed, such as grooming.

Teen accidents in Missouri

Data from the Missouri State Highway Patrol shows that in 2013, drivers under age 21 were involved in 7,679 crashes. These accidents injured more than 11,000 people and claimed 124 lives. Although this data set includes drivers between ages 20 and 21, it still suggests that distracted teens could have contributed to hundreds or even thousands of accidents.

Sadly, the mistakes or reckless decisions that teen drivers make have the potential to cause serious harm to others. When this happens, accident victims may be able to seek compensation for their wrongful injuries. Anyone who has been harmed in a distraction-related accident should consider meeting with an attorney to discuss this option in greater detail.

Keywords: distracted, driving, accident, texting

Drunk drivers turn holidays into tragedies

Wed, 28 Apr 2021 13:49:15 GMT

Residents in and around Cass County, Missouri, should be aware that drunk driving dangers can increase during the holidays.

P eople who live in Cass County, Missouri, are aware that people who choose to drink and drive are serious risks on the roads every day. Other motorists and their passengers, pedestrians, bicyclists and motorcyclists alike can all become victims of drunk driving accidents.

Records from the National Highway Traffic Safety Administration highlight the extent of the dangers presented by impaired drivers . Details show the following for the state of Missouri:

In 2013, 248 people died in drunk driving accidents.
In 2012, 283 people died in drunk driving accidents.
In 2011, 258 people died in drunk driving accidents.
In 2010, 257 people died in drunk driving accidents.
In 2009, 302 people died in drunk driving accidents.

In Cass County, 16 lives were lost at the hands of drunk drivers between 2009 and 2013. Of those deaths, seven occurred in 2013 and five occurred in 2012.

In nearby Jackson County, the number of fatalities for each of those five years ranged between 27 and 37. Johnson County experienced 20 impaired driving deaths in that timeframe. In Lafayette, Henry and Bates Counties, seven, five and four people died, respectively.

Everyday risks increase during the holidays

According to BACtrack.com, during the time between Thanksgiving and New Year’s Day each year, there is an increase in the number of people who are arrested for drunk driving. On the National Safety Council’s list of the six most deadly holidays due to drunk driving, Thanksgiving, Christmas and New Year’s all appear.

One factor that can influence how deadly a particular holiday may be is the presence of a full weekend. Thanksgiving always spans a whole weekend as the Friday is considered a holiday as well. This year, Christmas and New Year’s will also span complete weekends which could increase the risk of being involved in a drunk driving accident.

NHTSA data confirm the risk

The NHTSA took their drunk driving fatality records from five consecutive holiday seasons, starting in 2001 and ending in 2005 to see how they compared to the rest of the year. The increase in drunk driving deaths was marked.

On dates in the year not associated with the Christmas or New Year’s holidays, the average daily number of drunk driving fatalities was 28. On dates associated with the Christmas holidays, the average daily number of drunk driving fatalities was 45. On dates associated with the New Year’s holidays, the average daily number of drunk driving fatalities was 54.

Victims deserve help

Despite many anti-drunk driving campaigns, clearly the problem persists. It is important for anyone involved in a drunk driving accident to get help promptly. Calling an attorney should be done by either the victim or a relative.

Understanding the consequences of underage drunk driving in Missouri

Wed, 28 Apr 2021 13:47:55 GMT

On behalf of David Kelly

When those under the age of 21-years-old consume alcohol and get behind the wheel, they could face criminal charges and potentially serious penalties.

The legal drinking age in Missouri, like other states across the U.S., is 21-years-old. Sometimes, however, teenagers and other young adults under the age of 21 may consume alcoholic beverages. If they then choose to get behind the wheel, they could face criminal charges, including underage DUI .

What is the legal blood alcohol limit?

Most people in Missouri know that the legal limit for adult drivers is .08 percent. The state has a zero tolerance policy for underage motorists. According to a Missouri state report on the prevention and reduction of underage drinking, the legal limit drops down to 0.02 percent for those who are under 21-years-old. Consequently, young people may face criminal charges and penalties after having only a drink or two.

Driver’s license suspension

As a part of Missouri’s zero tolerance for underage drunk driving, those who are not of age could lose their driving privileges for any alcohol-related traffic offense. Depending on the circumstances, their driver’s licenses may be suspended for between 30 and 90 days. If people under the age of 16-years-old is charged with an alcohol-related traffic offense, the Missouri State Highway Patrol points out that they will be unable to obtain their driver’s licenses until they are 17-years-old.

Jail time

In the state of Missouri, a first-time driving under the influence charge is generally considered a class B misdemeanor. State law specifies that those convicted of this offense may face up to six months in jail. For young adults, this could have a significant impact on their future education and employment opportunities.

Other consequences

In addition to the potential for a driver’s license suspension and the possibility of jail time, young drivers may face a number of other penalties as a result of underage drunk driving . As a result of a DUI charge, they may be fined up to $500. Additionally, drivers under the age of 21-years-old who are found with a BAC level of 0.02 percent or higher are required to complete a substance abuse traffic offender program, according to the Missouri State Highway Patrol. The young people themselves are responsible for the cost of this program, as well as a $249 fine that must be paid to the state’s Department of Mental Health.

Furthermore, they may have as many as eight points added to their driver’s licenses. This could result in a revocation of their driving privileges for up to one year if they have accumulated 12 points on their license within a 12-month period, 18 points on their license within a 24-month period or 24 points on their license within a 36-month period.

Working with an attorney

For those under the legal drinking age in Missouri, drunk driving charges carry potentially serious penalties. Therefore, the consequences of one choice could profoundly affect their futures. In order to help protect their rights, young people who are facing alcohol-related traffic offenses may benefit from obtaining legal representation. An attorney may help them understand their options, as well as develop a strong criminal defense.

Study: Hands-free cellphones cause serious driver distraction

Wed, 28 Apr 2021 13:46:44 GMT

Studies show that hands-free cellphones may not be a safe alternative to hand-held cellular devices.

There is no question that cellphones are a staple in many people’s lives. Unfortunately, a number of smartphone owners in Missouri continue to use their phones to text, talk, compose emails, take pictures or update their social media statuses while behind the wheel. As a result, 431,000 people received serious injuries and 3,179 people lost their lives in motor vehicles accidents caused by distracted driving , according to Distraction.gov. In an attempt to reduce the number of deadly accidents, many states have enacted legislation banning the use of hand-held cellphones while driving. However, studies show that hands-free cellphones may not be much safer when it comes to eliminating driver distraction.

Cognitive distraction study

A study published by the AAA Foundation measured just how distracting various tasks can be to motorists who should be focused on driving. Study participants were asked to engage in several activities while operating a simulator vehicle, as well as a vehicle equipped with monitoring devices. These tasks included the following:

Listening to an audio book.
Engaging in a conversation using a hands-free and hand-held device.
Composing an email using a voice-activated device.
Listening to the radio.
Talking with a passenger in the vehicle.

Researchers then measured participants’ brain activity, response time, Event-Related Brain Potentials and mental workload.

The results

Although hands-free cellphones reduce or eliminate distractions drivers experience from using their hands and eyes to operate a hand-held cellular device, the devices still cause a significant amount of cognitive distraction . The study showed that while listening to the radio posed the least amount of distraction, talking on a hands-free cellphone was not much safer than using a hand-held device.

Cognitive distraction occurs when drivers are focused on a task other than driving. The National Safety Council reported that the human brain cannot engage in two complex activities simultaneously. Rather the brain bounces from one task to the other, leaving periods of time where the driver is not concentrating on one of the tasks. For example, if the driver is talking on a hands-free cellphone and driving, there are brief moments where the brain is listening to the conversation and not paying attention to the road. During this time, drivers are less likely to respond to certain hazards, including pedestrians, bad weather conditions, objects in the road and other reckless drivers.

What to do after an accident

Drivers who have been directly affected by distracted drivers should not have to deal with the aftermath of the accident alone. People should be held accountable for their reckless actions. An attorney in Missouri who has experience handling personal injury cases may be helpful in listening to the details of your situation, and helping you find the legal route that is best suited for you.

What can lead to reckless driving charges?

Wed, 21 Apr 2021 14:02:29 GMT

Almost every traffic infraction, including reckless driving, constitutes a crime from a legal standpoint. Revised Statutes of Missouri, RsMo Section 816-347-1818 outlines how careless and imprudent driving is unlawful in the state.

The above-referenced state statute outlines how anyone convicted of this Class B misdemeanor may have to pay up to $1,000 in fines and up to six months in prison. That same code describes how reckless driving resulting in a car accident is a Class A misdemeanor, punishable by as much as $2,000 in fines and a year-long jail term.

Understanding what constitutes reckless driving can help you avoid a problem — or begin to strategize your defense if you’re currently facing charges.

What kinds of actions equal “reckless” driving?

The Federal Motor Carrier Safety Administration describes reckless driving as the operation of a vehicle with “willful or wanton disregard” for the safety of others and their property. It’s unnecessary for an accident, property damage or injury to occur for police to charge motorists with reckless driving. The alleged unsafe driving and driver’s knowledge that their actions could have caused damage or harm is often enough to bring such charges against a motorist.

Many driving behaviors may rise to the level of reckless driving, including:

Driving 25 mph or more over the posted speed limit
Running a red light or stop sign
Passing over double lines on a two-lane highway
Intentionally failing to yield to pedestrians and other motorists
Driving under the influence of drugs or alcohol
Drag racing other motorists
Evading law enforcement
Texting while driving
Passing a stopped school bus

The list above is far from comprehensive. Numerous other driving infractions may result in reckless driving charges.

Why a conviction on your record for reckless driving is a problem

A reckless driving conviction carries with it more than fines and potential jail sentences. You may incur points on your license, be subject to higher insurance rates and put your driving privileges in jeopardy . If someone is injured, a conviction can also lend weight to their claims in civil court.

Ideally, you can use this information to avoid ever being in such a difficult position. If you are facing charges, however, it’s only wise to work with an experienced attorney.

The deadliest road: U.S. 63

Fri, 09 Apr 2021 14:04:31 GMT

There are many roadways that are dangerous in Missouri, but a new study has found those that are the deadliest in Kansas and Missouri to help drivers understand the risks. In Missouri, one of the most dangerous highways was identified as U.S. 63 north-south, which passes through both Jefferson City and Columbia.

T hat highway has a high fatal crash rate of .07 deaths per million vehicle miles. How does that compare to other states? U.S. 63 was only safer than the deadliest highways in 22 other states. In total, 179 people were killed on this highway looking at the data over the last decade.

Why is U.S. 63 such a dangerous highway?

U.S. 63 is a dangerous highway because of a few factors. First, the highway does pass through the state capital in Jefferson City. The highway goes through a number of small towns that don’t necessarily have the financing to care for the roads, so the arteries to the highway and highway itself may not be in good condition in those areas.

To overhaul the highway, it would cost around $300 million. Since that hasn’t happened, much of the highway is made up of only two lanes. The lanes go through rural areas, like farmland.

Two-lane highways tend to have more collisions as drivers attempt to pass and merge. There isn’t as much space, and for a well-traveled highway, expansion is usually the next step to prevent issues.

No matter where you are, you can take steps to stay safe

No matter where you’re traveling, whether you’re in Lee’s Summit or on U.S. 63, you deserve to be safe and can be if you take precautions. Always plan plenty of time to get to your destination, so you can go the speed limit and avoid having to pass slower vehicles in two-lane areas.

You should also watch out for potholes and other issues with road maintenance, especially in rural areas where the roads are less likely to be cared for.

There are many dangerous roads and intersections in the state, but by slowing down and being aware of what’s happening around you, you’ll improve your chances of getting to your destination safely.

Switching price tags isn’t really shoplifting, is it?

Wed, 07 Apr 2021 14:43:22 GMT

Suppose you are wandering through the local department store and see the perfect little black dress (LBD) in your size. Checking the price tag, however, reveals that it is nowhere near your price range. Still, you decide to try it on, along with a couple of other LBDs that are far more affordable.

S adly, the cheaper versions are ill-fitting and unflattering to your figure. The more expensive version fits like a second skin and hugs all the right curves. You suddenly are inspired to swap price tags with a cheaper dress and save yourself some money. After all, you aren’t really stealing — just giving yourself a deep discount that probably covers most of the store’s exorbitant mark-up on its price, right?

Resist the temptation

While the temptation to save $60 or $80 on a dress might be strong, doing so can get you into all sorts of trouble. Just like shoplifting, switching price tags is a form of retail theft and stores take the problem very seriously.

In fact, most stores will press charges even when the accused perpetrators are teens and the amount of the alleged theft is small. At the least, your parents will be called if you are a minor, and most accused of retail theft are permanently banned from the store they visited — and usually from that entire chain of retail stores.

You could be unfairly accused

Clothing and other items in stores get mismarked all the time and in many different ways by retail workers themselves — and also by other shoppers. You can innocently discover the perfect LBD in your price range and still get arrested for switching a price tag that you never mishandled.

In cases such as that, remember your right to remain silent. Until you have been counseled by your criminal defense attorney, it’s wisest not to say another word.

Working on a custody agreement? Remember these 3 rules

Tue, 23 Mar 2021 14:44:59 GMT

Divorcing parents often have some contentious matters between them, especially where custody is concerned. Working with your ex as cooperatively as possible to come up with the terms of your parenting plan can benefit everyone.

When you’re working on a custody agreement and parenting plan, it helps to have some ground rules in place that you and your soon-to-be-ex-spouse can use to guide your interactions.

Three rules parents should follow while sorting out custody issues

Have a frank discussion with your co-parent and see if you can agree to the following boundaries:

1. Respectful communication is a must.

Both parties must be respectful toward each other because being disrespectful can cause strife during communication. Unless there is an urgent situation, walking away and thinking about how various options impact the children may be beneficial if things get heated.

2. The past needs to be left in the past.

You can’t live in the past so it’s best to leave that alone. While the issues that led to the marriage’s end might be at the front of your mind, you can’t allow them to come into the middle of the child custody matters. Some people find that it helps to remember that even a person who was a terrible spouse can be a wonderful parent.

3. The children always come first.

Every decision that’s made in the custody negotiations must be made based on what’s best for the children. This isn’t the right time to try to make your ex miserable. Think about how trying to make things hard for your ex could negatively impact your kids. That might help you to stay focused on what’s important.

The parenting plan you create must address the points that you’ll need to know as you and your ex handle matters related to the children. Your attorney can help you to ensure these points are included in the agreement.

What if I have more than one DUI?

Tue, 09 Mar 2021 15:47:12 GMT

When the police charge you with a DUI, it can be an issue. When they charge you with a DUI and already have one or more DUIs on your record, it can be a serious issue. A DUI can change the way you enjoy your rights, future, and freedoms, which is why it is so important to fight to defend yourself from these charges. The consequences of a first conviction can be bad, but what about the consequences of a multiple conviction?

When convictions add up

The more prior convictions there are on your record, the more serious your future convictions will be. The consequences for multiple convictions include:

Second offense

Up to $1,000 in fines
Ten-day minimum jail sentence, going up to one year.
Up to a five-year license suspension
Possible two years of probation

Third offense

Up to $10,000 in fines
30 days minimum jail sentence
Up to a ten-year license suspension
Typically one or two years of probation

Fourth offense

Felony charges
Up to $5,000 in fines
Seven-year minimum jail sentence, going up to four years.

If an intoxicated driver caused severe damage or wrongful death from their driving, the consequences could be even more severe. If you face DUI charges, you need to be sure you are doing your best to defend yourself.

Let an attorney help

An experienced criminal defense attorney can help you build a defense against your DUI charges. They can review the arrest footage, evidence in question, and even the circumstances behind your driving to find a possible method of beating your charges. Multiple convictions can have significant consequences, so be sure to avoid them at all costs.

Divorce is a chance to rethink your spending

Mon, 01 Mar 2021 15:48:18 GMT

Preparing financially for divorce is incredibly important. However much you look forward to ending your marriage, there will be some psychological and emotional hangover to deal with. By taking time to think about and prepare your finances, you avoid them adding to that stress.

How can I reduce my post-divorce financial stress?

Separating from a spouse typically results in increased costs. Whereas you may have had two wages contributing, now you have one. Economies of scale can make certain things more expensive once you live separately. These include anything from housing costs to running a car or cooking a meal. Even going on vacation becomes more expensive if you have to pay a single supplement for every room you take.

H owever, divorce can also be an opportunity to reduce your cost of living . As a couple, it can be easy to get caught up in a never-ending circle of home improvements to keep up with the neighbors or the in-laws. Now that you are about to be single again, you may choose to downsize and make drastic changes to your life.

Maybe you will rediscover simpler pleasures, such as staying at home with a good book rather than feeling compelled to spend money attending social functions with your spouse’s colleagues. Perhaps you no longer feel the need to go to the bar three times a week to escape your spouse.

Marriage requires you to compromise both financially and in the choices you make. Divorce is an opportunity to reset your priorities. From now on you can live life how you want. Achieving a fair split when dividing marital property is essential to begin your new life on a solid financial footing.

What is a ‘bad check?’

Tue, 16 Feb 2021 15:49:29 GMT

Not so many years ago, you could write a check to your landlord or the grocery store knowing that the money would be in your account when you got paid in a couple of days and before the check reached your bank. No one would be the wiser because it took checks days to clear.

Now checks can easily hit your account the same day, and if the money isn’t there to cover them, your payee will be charged by their bank and pass those charges on to you – and then some. You’ll also get a non-sufficient funds (NSF) charge from your financial institution.

What does the law say?

Knowingly writing checks against money that’s not in your account isn’t just poor financial management. It’s illegal. Of course, so is writing checks on an account that has been closed, an account that doesn’t exist or using stolen checks. Intentionally passing “bad checks” is considered fraud. Depending on the amount, you could face misdemeanor or felony charges.

Florida law specifically addresses “Giving worthless checks, drafts, and debit card orders.” If the amount is under $150, it’s a misdemeanor. If it’s $150 and above, it’s a felony.

It’s easy to make a mistake with your checking account. You think you have more money in it than you do, or you and your spouse may both use their debit cards on a joint account at the same time, and both transactions are processed when they shouldn’t be. An occasional honest mistake isn’t going to land you in jail.

However, sometimes people get desperate. Maybe you needed something before payday, so you wrote a bad check. Perhaps it was all some kind of misunderstanding. Whatever the circumstances, you could find yourself facing serious charges . An experienced attorney can help you lessen the impact on your life.

Do you know when you’ve drunk too much to drive?

Wed, 10 Feb 2021 15:51:46 GMT

Everyone knows that driving while intoxicated is a very bad idea. Not only can it land you in jail and get your driver’s license suspended, but it also puts your life – and the lives of everyone on the road with you – at risk. What fewer people know, however, is exactly how much they can drink before it becomes illegal and dangerous for them to drive.

Know the legal limit

When you drink alcohol, it gets absorbed into your blood stream. The level of alcohol in your blood is what the police use to determine how intoxicated you are, and whether you are above the legal limit for driving.

Missouri law gives us precise limits on how much alcohol you can have in your blood before it becomes illegal to drive. You will be arrested for driving while intoxicated if you are behind the wheel of a private vehicle with a blood alcohol content of .08 percent. This limit is lowered to .04 percent if you are driving a commercial vehicle.

But most people have no idea how many drinks it takes to reach that limit. The fact is, there is no easy answer to that question, since it depends on a few different things.

The number of drinks you can have depends on a variety of factors

Some of the factors that determine how much you can drink are your body’s size, if you have recently eaten and the type of alcohol you are drinking.

Your body might need less alcohol to become impaired if you are physically smaller. If you have not eaten anything recently, then your body will absorb the alcohol faster. Different types of alcoholic drinks also have different concentrations of alcohol in them.

In general, you should be cautious about driving after you have consumed two drinks within an hour. That number can be adjusted based on the above factors. However, it’s best to play it safe, and lean towards drinking less rather than more. The consequences of driving while intoxicated in Missouri are severe, and it just isn’t worth the risk.

Can a roommate or landlord give police permission to search your home?

Thu, 04 Feb 2021 15:53:06 GMT

You know that in order for law enforcement officers to search your home, they typically must have either your permission or a search warrant. However, what if you share an apartment or house with roommates? Can they consent to a search without your approval?

It depends on the circumstances. The U.S. Supreme Court has ruled that any resident of a home can refuse to allow police to search without a warrant as long as they’re home at the time. However, if you aren’t home and the police show up, your roommate can invite them to come in and look around.

What about your bedroom?

As far as whether they can enter your bedroom or an area that only you use, that’s a bit fuzzier. Courts have handed down various rulings when it comes to where someone has an “ expectation of privacy .” If your bedroom or other area is locked and only you have access to it, that would likely be considered off-limits as opposed to a room that officers could just walk in to.

Can your landlord let the police in?

If you rent an apartment or house, your landlord doesn’t have the right to give officers access to it without a search warrant, unless there’s a reason to believe someone is in danger or there are other exigent circumstances.

If you believe that evidence that’s being used against you was obtained illegally, the best thing to do is tell your attorney immediately. They can determine whether a search was legal and work to get the evidence thrown out if it wasn’t.

What happens when Child Protective Services is called during a divorce?

Wed, 27 Jan 2021 15:54:25 GMT

There are some divorce cases that, unfortunately, have to involve Child Protective Services (CPS). In Missouri, CPS may be called to investigate claims of:

Child abuse
Criminal acts by a parent
Drug or alcohol abuse
Child endangerment
Domestic violence

O nce CPS is called, the local Children’s Division office will be informed. Missouri law requires an investigation or family assessment within 24 hours of a report being made, unless the claim is only related to educational neglect, such as not allowing a child to attend school. Even in those cases, an investigation or assessment has to be completed within 72 hours.

What happens during an investigation or family assessment?

There are two things that may happen next. Either an investigation or family assessment will be initiated.

An investigation is pursued when there is a need to collect more information and to determine if a child is in danger or has been abused. Investigations typically involve law enforcement. Investigations look into cases of abuse or neglect at residential facilities, schools and child care centers. They also look into allegations of serious physical abuse, neglect, unusual deaths and sexual abuse.

Family assessments are different because there isn’t a focus on deciding if one of the people involved needs to be listed in the Central Registry as someone who committed abuse or neglect. Instead, the goal is to recognize factors that put a child in danger and to offer services to support the family and prevent harm from coming to the child. Family assessments may be used for cases of medical neglect, educational neglect or mild/moderate reports of physical neglect or abuse.

A family assessment or investigation could influence your divorce case

If you are accused of neglecting or abusing your child, or if you accuse your spouse or partner of those actions, then an investigation or family assessment could take place. Those allegations could influence a judge and your case depending on the outcome. That’s why it’s important to take allegations seriously and to make sure everyone involved is aware of what a CPS case could mean for your family and your child’s future.

Keep in mind that not all searches of your home may be legal

Wed, 30 Dec 2020 15:56:48 GMT

The fourth amendment of the Constitution of the United States makes unreasonable searches and seizures unconstitutional. Law enforcement officers can, therefore, can generally only search your home under limited circumstances. You may be able to get the court to throw out the evidence collected in your case if the police violate your rights.

What you should know about search warrants

Law enforcement officers can’t just decide to conduct a search and then carry it out. Instead, they must provide a Missouri magistrate or judge with a valid reason for requesting a search warrant first.

There are limits as to what police can search once a judge issues a warrant. Law enforcement may only be able to scour particular areas within a home, for example.

Police may be able to conduct a warrantless search of a person’s home in a few rare instances. Law enforcement officers can do so to prevent the destruction of evidence, if they have probable cause that a fleeing suspect is inside or that someone is in danger of being hurt.

What you should know about consenting to a search

You may think that giving police permission to search your home is irrevocable. That’s not the case, though. You have a right to revoke your consent at any point during law enforcement’s search of your home. Police must immediately stop searching it once you do this. You may be able to ask a judge to throw out any evidence that police locate after you revoke your consent for the search.

Can police search your home following your arrest?

Law enforcement officers can search your home after they arrest you, but generally only in the room in which they took you into custody. They can peek inside adjoining rooms to assess whether accomplices or anyone else lying-in wait to attack them, though.

Why the circumstances surrounding your search matters

Many prosecutors rely heavily on the evidence amassed during a search of your home to try and secure a conviction in criminal cases. Any instance in which a Missouri judge throws out evidence can greatly diminish prosecutors’ chances of winning their case. Your criminal defense attorney will want to know more about what happened leading up to and during your search before advising you whether you can request that a Lee’s Summit judge throw out the evidence in your case.

What makes head-on crashes so serious?

Tue, 15 Dec 2020 15:57:45 GMT

In a head-on collision, there is a much greater chance that the people involved will get hurt or killed. Why? It comes down to speed and the angle of impact.

If you think about a head-on crash , you can imagine two vehicles headed for one another. They may both be traveling at the speed limit or above. They may then hit head-on, doubling the speed to a force at least or more than twice as high as if they’d been hit traveling in the same direction, such as in a rear-end crash.

Though getting hit at 35 mph might be relatively without risk, the same is not true of being hit at 75 mph. That’s what makes a head-on crash more dangerous than other forms.

How does the angle of impact play a role in injuries?

The angle of an impact makes a big difference in the injuries that are suffered. For example, someone hit in a T-bone crash might face a direct impact. In a head-on crash, both vehicles’ front ends should collapse inward to absorb some of the shock, but the drivers are still subject to heavy forces that may cause whiplash and other injuries from a sudden stop.

In a rear-end crash , people are likely to suffer from whiplash, but the driver of the front vehicle is further from the point of impact and may suffer fewer injuries if only those two vehicles are involved.

No matter what kind of crash it is, serious injuries could occur. If they do, remember that you may be able to hold the other driver accountable. An experienced attorney can help you learn more about what legal options are available.

Tips for driving around semi-trucks

Thu, 26 Nov 2020 15:59:01 GMT

Driving around semi-trucks is necessary, as they are the backbone of the freight industry in the United States. Tens of thousands of tons of goods move all over the country in the back of these trucks.

However, driving around them is also dangerous. They are massive vehicles that are heavier and taller than the cars around them. Getting hit by a semi could lead to severe injuries and fatalities, even when the driver of the semi isn’t injured at all. To help you avoid such an incident, here are a few key tips for safe driving around them:

Avoid blind spots at all costs. If you have to pass through a blind spot, such as the back corner of the truck, do so quickly and get back to a place where the driver can see you.
Never pull in front of a truck at a red light. Drivers sometimes do this when they know they can stop in time, but trucks take longer to stop. Pulling in front can put you right in a place where the driver can no longer avoid you.
When passing a truck, do so properly. Use your blinker. Only pass on the left, not the right. Watch for trucks that may be merging or changing lanes as you pass.
Remember that trucks make wide turns. Stay out of the area where the cab will swing out wide and never pull up on the right side of a truck that is waiting to turn right.

Have you been injured in an accident with a semi? These tips can help, but accidents still happen. You may be able to seek substantial compensation .

How will you ask for a prenuptial agreement?

Fri, 20 Nov 2020 16:00:11 GMT

As you prepare for your wedding day, you may come to think about the many benefits of creating a prenuptial agreement with your imminent spouse. For example, you can protect individual assets that you bring into the marriage. You can also use a prenuptial agreement to protect against taking on debt that your spouse brings into the marriage.

If you want to create a prenuptial agreement, it’s imperative that you share your feelings with your partner. This isn’t something you create on your own. They need to be on the same page.

Asking for a prenuptial agreement can be a challenge, as you don’t want to give the wrong impression. Here’s what you should do:

Open up : One of the biggest mistakes you can make is hiding you true feelings. When you do this, it will look like you’re trying to hide something. Be open and honest with your partner and they’ll reciprocate.
Talk about why you want a prenuptial agreement : There could be many reasons for this, such as wanting to protect the inheritance rights of children from a previous marriage. Be sure that your partner shares their feelings on what a prenup can do for them.
Listen : You have a lot to talk about, but don’t dominate the conversation. Take the time to hear out your partner, ask questions and provide as much information as you can. A one-sided conversation has the potential to scare your partner away.
Take a breather : It’s difficult to work through all aspects of a prenuptial agreement in one conversation. Leave plenty of time to hash out the details before your wedding day. This way, you can take breaks, when necessary, if the process begins to bog you down.

Do you need a prenuptial agreement?

There’s no right or wrong answer to this question, as it depends largely on your circumstances. However, with so many ways to benefit, it’s something you and your partner should strongly consider.

If you’re ready to proceed with the creation of a prenuptial agreement , learn more about the process, your legal rights and what you want to include .

2 texting and driving stats that tell a story

Tue, 17 Nov 2020 16:01:57 GMT

Texting and driving is very dangerous. Often, though, it’s not that the person in the car decides that it’s time to write and send a text while behind the wheel. Instead, they get a text message, and they feel obligated to read it — and, possibly, to respond to it. In this way, outside forces can pull them out of their driving focus and put them at risk of an accident.

There are two important texting stats that help to show how this happens. First off, consider the open rate for text messages. It’s right around 98% . When compared to email and other forms of communication, that’s massive. People open almost every single text message that they ever get. When these messages are sent, all parties involved expect them to be opened, and that can put pressure on the person who got the message.

How long does it take to open and read a text message?

That pressure translates into relatively quick action. For nine out of 10 messages, it takes no more than three minutes for the person to open the message and read what it says.

What this means is that people who are driving rarely wait until they get out of the car. They don’t even take the time to pull off of the road. They instinctively open that message right away.

The way that people automatically react to incoming texts and feel pressured to read and respond to them is part of the reason these car accidents keep happening. If you get injured by a distracted driver, you need to know how to seek compensation .

Defending against DWI charges starts when you’re pulled over

Tue, 10 Nov 2020 16:03:39 GMT

Even though a police officer must have probable cause to pull you over, this doesn’t always happen. You could soon find yourself on the side of the road, waiting for the officer to approach your window. If they suspect that you’re under the influence of alcohol, they’ll do whatever they can to unearth enough information to put you under arrest.

Protecting against drunk driving charges starts when you’re pulled over. Here are some things to keep in mind:

Saying too much is a bad thing: You can verbally communicate with the officer, but stop short of saying anything that raises suspicions. For example, the officer may ask you where you’re going, where you’re coming from or if you’ve been drinking. If you slip up, such as admitting that you “only had one drink,” the officer has more reason to believe you’re under the influence.
Field sobriety tests aren’t always accurate: If you’re taking a field sobriety test, make sure you know exactly what the officer is asking you to do. This improves the likelihood of passing and moving on with your evening. However, even if you fail, it doesn’t necessarily mean you’re under the influence of alcohol.
Don’t resist arrest: Should the officer believe you’re under the influence, they’ll put you under arrest and transport you to a local police station. Remain quiet during this time, as anything you say can cause you problems when your court date arrives. Also, you shouldn’t resist arrest, as doing so could lead to more criminal charges.

Once you’re released, you can continue to take steps to protect yourself. For example, revisit the details of your arrest as doing so will help you decide what type of defense strategy is best. You should also understand your charges. For example, is it your first offense? Did you have a child in the car when you were arrested? Are you under the age of 21? Did you violate any other laws?

You have the legal right to defend yourself against drunk driving charges . Take an active role in learning more about your charges and deciding what you can do to minimize the impact on your life.

How you could be accused of criminal conspiracy

Fri, 16 Oct 2020 15:04:57 GMT

Large-scale criminal activity or particularly dramatic offenses often involve forethought and planning. For example, individuals intending to steal from a business might case the facilities by visiting them frequently to determine what kinds of security and safety measures the business uses. Other times, would-be criminals might get advice or inside information from someone who works at a business or in a specific building.

If you provided information to individuals who then turned that knowledge into a criminal plot, you could potentially face charges related to criminal conspiracy . Depending on the nature of the crimes, there could be very serious consequences involved.

To be part of a conspiracy, you have to know about criminal intent

If you work in the bank or as security for an armored truck company, you might enjoy the attention that you get from people who are curious about your job. You might even violate company policy by disclosing specific information about your job duties or security practices for a company in your enthusiasm to share stories about your experience.

Hanging out with friends or regaling social acquaintances with stories related to your job is not the same thing as intentionally meeting with people and providing them with information intended to facilitate a criminal act .

If you can demonstrate that you did not know about the intent to commit a crime, that could be one possible way to defend against conspiracy allegations if someone commits a criminal offense that implicates you despite your lack of direct involvement with the crime. There may be other defense options available to you too, all of which are likely worth exploring before you settle on a specific strategy. That’s why having an experienced defense attorney on your side is so important.

Never rule out a personal injury claim until you talk to a lawyer

Thu, 01 Oct 2020 15:05:58 GMT

Sometimes, people can suffer a moderate or significant personal injury in unusual circumstances. For example, say that you use a public restroom, but a broken toilet seat causes you to fall and injure your coccyx (tailbone).

For most people, a scenario like that would be extremely embarrassing, and they would never consider pursuing an injury claim. However, coccyx injuries can impact the way a person lives and works without proper medical treatment. A successful personal injury claim provides you with compensation to cover your medical expenses and replace income lost due to the injury. It can also compensate you fairly for your pain and suffering.

We know this is a somewhat unusual or unlikely scenario, but we hope it shows you the importance of exploring your legal options regardless of how a negligent injury occurs. In this example, the owner of the public restroom may be found negligent in not making sure the facilities were reasonably safe for use. As a result, the victim may qualify to file a personal injury or premises liability lawsuit.

Our injury attorneys urge you to speak with a lawyer even if you have suffered an injury under unusual or embarrassing circumstances. As a victim damaged because of another party’s recklessness or negligence, it is your right to seek fair compensation for your harm .

Our firm’s website and blog contain additional information about your options in the wake of an injury. We invite you to continue exploring our resources if you would like to learn more. You may also reach out to our team for personalized guidance from our injury lawyer.

Steps to take if you want to adopt your stepchild in Missouri

Wed, 23 Sep 2020 15:07:37 GMT

Being part of a blended family means getting to include incredible kids in your life. It’s almost like a bonus on top of marrying someone whom you really love.

Of course, stepping up as a stepparent is not always easy. Children often need support and your patience while adjusting to new dynamics. However, no matter how hard parenting can sometimes be, you know that you love your stepchild and want to do everything you can for them.

In some circumstances, what you could do might include adopting them so that you are their legal parent. If that is something that you think would be good for the children, there are certain steps that you need to take.

Talk with your spouse about the idea

Adoption by a stepparent drastically alters the legal shape of your family. Discussing your desire to adopt with your spouse could make you aware of financial or legal implications that you weren’t previously aware of.

Your spouse can also give you insight into whether they think that your stepchild will be receptive to the idea because their permission is also important in a stepparent adoption . If your spouse agrees that it might be a good idea, you should make sure it’s actually an option before you talk with your stepchild about it.

Look into the legal status of the other biological parent

Missouri is one of many states that protects the rights of parents even if they aren’t actively present in the lives of their children. If your spouse has an ex who is still alive but not showing up for parenting time, their parental rights prohibit you from adopting your stepchild.

In situations where either a parent voluntarily rescinds their parental rights or the state terminates someone’s parental rights, a stepparent may have the option to adopt. If you are able to locate the biological parent, they may be open to rescinding their rights, especially if you agree to allow them to still have occasional visitation if it is in the best interest of the kids. The end of child support is also a potential motivator for absentee parents.

Talk to your stepchild once you’ve addressed all other major concerns

It could be a devastating blow for a child who has already experienced substantial upheaval to get their hopes up about a stepparent adoption, only to find out that it isn’t an option. Waiting until you know you have a clear path ahead of you is usually smartest.

Once you know that your spouse is on board and you have the legal potential to adopt, you should ask your stepchild what would they think about the subject. If everyone is in agreement on the idea, then you may want to sit down with an attorney to start discussing the legal process.

How to talk to your teen about sexting

Fri, 18 Sep 2020 15:08:54 GMT

Does your teenager have a smartphone? Like every other teenager out there, they probably do. However, that means that you need to have a serious talk about “sexting” before your teen gets into trouble. If you wait until they already start experimenting with online flirting, it may be too late.

Why is sexting such a serious issue?

Possession and dissemination of nude images of minors and images that depict a minor in a sexual way are illegal, plain and simple. Even something that your teen seem as “flirty” rather than outright obscene can be illegal.

It doesn’t matter if your teen is the one who took them and shared them with another teen or not. Both the teen who takes and sends the photos and the teen who receives them and keeps them on their phone can end up in serious legal trouble. With that in mind, make sure that your teen understands that if they’re on the receiving end of a sexy shot from their boyfriend or girlfriend, they need to delete it immediately.

What other problems can sexting cause?

The other thing you need to stress to your teenager is that every image they put out there digitally has the potential to stay around forever. An intimate shot can easily get into the hands of someone other than their intended recipient.

If, for example, their boyfriend’s phone gets hacked or stolen, it’s all too easy for your teen’s topless photos or bedroom shots to end up somewhere online. They may also later regret putting their trust in someone if that person gets angry later and shares their photos. The social and emotional damage of such photos can be immense.

If it’s already too late and your teen was caught sending, sharing or holding onto illicit photos of a minor , do the smart thing: Talk to an attorney before you talk to anyone else.

Could you be charged with murder for sharing your drugs?

Wed, 02 Sep 2020 15:09:56 GMT

Have you ever shared an old bottle of prescription painkillers with a friend or relative? A lot of people have. Similarly, it’s not uncommon for people to share their stash of illegal drugs with friends or relatives, too.

Unfortunately, when something goes wrong and someone dies from a drug overdose or has a fatal reaction to the drugs, the authorities now consider the person who supplied that drug to be guilty of murder or manslaughter.

While drug-induced homicide laws have been on the books for decades in a lot of states, the number of actual prosecutions is on the rise. Once upon a time, an overdose was treated as a mere accident, the sad consequences of drug abuse and addiction. Now, police and prosecutors are increasingly inclined to treat the death as a crime.

That tactic doesn’t just net real criminals and drug dealers, however: It also puts ordinary people behind bars who never meant any harm along with those who are simply suffering from the same addiction they share with the victim. Between 2011-2016 , for example, Missouri prosecuted no less than 134 people for drug-related deaths.

Critics of these prosecutions point out that they aren’t effective at curbing drug overdoses because most overdoses are either driven by addiction, inexperience or desperation. An addict is still going to go after their fix, despite the danger. Someone who is just experimenting with drugs may not even realize how much danger they’re in. Someone suffering from intolerable pain doesn’t care about the risk they are taking. None of that logic has prevailed on prosecutors so far — and it probably won’t in the near future, either.

If you are facing charges due to a drug-related death , make certain that you take steps to protect your rights. Talk to an experienced defense attorney before you even think about talking to the police.

Living with a traumatic brain injury? Get compensated

Fri, 21 Aug 2020 15:19:55 GMT

Did you know that there are around 200,000 cases of traumatic brain injuries in the U.S. each year? It is devastating to have to live with a traumatic brain injury (TBI) because of another person’s negligence, but it can be comforting to know that you’re not alone in the challenges that you will face.

Head injuries are common, but the severity of yours is what makes it unique. Your brain injury may not be like anyone else’s. Your symptoms may vary as well. That’s why it’s important for you to seek support from a medical provider and to understand exactly how you are affected by your injury.

If you suffer a head injury in a crash, is the other party responsible?

If you suffer a traumatic brain injury in a car crash that another motorist caused, then they should be held responsible for any pain and suffering you go through. This is in addition to compensating you for the medical bills and other financial losses you suffer. Some of the compensation you may want to ask for may include:

Lost wages
Medical bills
Travel costs related to hospitalization or treatments
Physical therapy expenses
Handicap accessibility adjustments in your home
Long term care support

Every person with a brain injury is going to have a different future ahead of them, so it’s important for you to talk to your doctors and to get a good idea of how your life may change in the future. You and your attorney can devise strategies for negotiating with the other party’s insurance carrier to get the compensation that you will need as you focus on your recovery.

Joint custody transitions do not have to be overwhelming

Tue, 18 Aug 2020 15:22:59 GMT

For whatever reason a Missouri resident divorces their spouse, the end result they are aiming for is to no longer remain in regular contact with their ex and to no longer meet them. Unfortunately, when there are children involved the parental relationship continues even when the marital one ends. Since most parents strive to get joint custody, both legal and physical, this usually means they will be talking to their ex about schedules, pickup and drop-off routines and other important decisions. Therefore, is there any way Missouri residents can make transitions and schedules in joint custody less stressful ?

Joint custody: How it works

Joint custody means parents are sharing the care and guardianship of the children after the divorce. Legal refers to them making important decisions regarding their upbringing together and physical refers to sharing time equally between the parent’s residences. While joint custody is in the best interests of the children, it is rarely in the best interest of the parents, especially if the divorce was less than amicable.

The most important point to remember is that joint custody is not about the parental relationship—it is about the children. It is about creating a healthy and stable childhood for the kids and this usually requires both parents put aside their ego. This usually requires parents find a way to communicate with one another and thanks to technology, it might be possible to achieve this without actually talking to one another. Calendars, common document storage and expense logs are all available to keep accurate records of children’s information.

The parenting schedule

Parents need to create a realistic parenting schedule that accurately depicts their commitment. It should not be based on fear or insecurity, as an inability to keep up with the child custody arrangement can cause legal problems. Instead, parents should work on customizing their arrangement based on their schedules, personalities, careers, social commitments, academic activities and childcare arrangements. While alternating weeks may work for some parents, others may find it more convenient to switch every two days. One way to ensure the custody agreement can work for everyone is to consult an experienced family law attorney to voice one’s needs and negotiate on one’s behalf.

Negligent boating can cause serious personal injuries

Thu, 06 Aug 2020 15:24:31 GMT

A day on the lake can be incredibly relaxing for a Missouri resident and can provide them with a peaceful way to experience nature. However, even the most responsible boaters can get into trouble when they have to share the waters with negligent and reckless individuals. A boat collision or a run-in with a drunk boater can quickly become a dangerous situation for everyone involved.

Types of boat accidents

Just as motor vehicle accidents can occur due to different forms of wrongful conduct, boat accidents can also happen because of different inappropriate and dangerous behaviors. Some common reasons that boat accidents happen include, but are not limited to:

Drunk boaters who engage in reckless behaviors that put themselves, their passengers, and other boaters in danger.
Speeding boaters who fail to watch out for other vessels, swimmers, and obstacles that may impede their ways.
Negligent boaters who fail to obtain the proper training to manage their vessels.
Faulty boats and boating equipment that can leave victims with injuries and losses.

The variety of accident types that can happen on the water contribute to the diverse and serious forms of injuries that boat accident victims can suffer.

Possible boat accident injuries

The fact that boats travel on water introduces a deadly complication that can quickly turn an accident into a tragedy: death by drowning. Victims of boat accidents who become incapacitated and are unable to keep themselves out of or above the water may suffer drowning and death as a result of their injuries. Other common boating accident injuries can include:

Electrocution from faulty equipment and docks.
Broken bones and tissue damage.
Abrasions, cuts, and bruises.
Concussion, spinal injuries, and other significant trauma.

Victims’ injuries often require medical assistance and the costs of recovering from a boat accident can be costly.

There is no right way to handle the aftermath of a boat accident, and victims can choose to pursue their losses in order to become whole. The support of a knowledgeable legal advocate, like a personal injury attorney, can help a boat accident victim become whole after suffering harm. This post does not provide legal guidance or advice.

Protecting yourself during a divorce without a prenup

Fri, 31 Jul 2020 15:30:42 GMT

As your wedding date neared, many thought raced through your mind as your body was rushed with emotions. While excited about starting your newly married life, you had anxieties about your day going perfectly. Even more, thoughts about marriage in general surged through your mind. What if it doesn’t last? How will divorce impact you?

Preparing for divorce

The thoughts of divorce before you even tie the knot are not pleasant. The idea of it is challenging to digest, which is why you and other couples intending to marry take a prenuptial agreement off of the table. Today, a prenup is considered a sensible and highly important step to take during the wedding planning process; however, it is a step that both partners must agree to and see eye-to-eye on.

Whether you are the partner that is pushing for a prenup or is completely against the idea of it, it should be understood that there are other strategies to help protect your assets if a divorce were to happen down the line.

Protecting assets without a prenup

If you cannot agree to a prenuptial agreement prior to marriage, there are still ways to go about protecting a family business, family legacy assets and assets each partner acquired before marriage. While this could look like including a postnuptial agreement in the union after marriage, it could also look like taking the following six steps.

First, if a partner seeks to keep separate property separate, then it is important to maintain titles to real property. Keep all separate property titled in your name, place all gifts in a separate account and do not contribute to marital property with funds from a separate account. A joint account should be used for household and family expenses.

Next, document the values of all assets prior to the wedding. Third, create a trust. It can be very valuable to create a revocable trust or a domestic asset protection trust. Although these are not asset protecting vehicle, they can help segregate and identify assets as being separate property.

Fourth, have all inheritances held in a trust. This is especially important if a partner expects an inheritance from family. Next, if a family business exists, create an agreement that restricts ownership of the business. Finally, if there is an unwritten policy that requires family members to enter into a prenuptial agreement, then put that policy in writing, along with the reasons for it.

Divorces can be messy and complicated; thus, it is important to consider ways to reduce the financial and emotional blow this event could be. Consider your options, such as entering a marital agreement, along with other steps to protect yourself and your assets during dissolution.

DWI suspect charged with striking ambulance, injuring occupants

Fri, 17 Jul 2020 15:32:47 GMT

Most Missouri residents understand that he state has placed specific limits on the level of alcohol that a person is allowed to have in his or her blood stream while operating a motor vehicle. The missing piece of the DWI puzzle for most Missourians is the heavy additional penalties that can follow a conviction for DWI leading to a collision in which people are seriously injured. A recent accident near Pevely, in eastern Missouri, may provide a stark example of these consequences.

According to the Missouri State Highway Patrol, at about 2 p.m. on Sunday, July 13, a 60-year-old woman was driving north in her 1998 Jeep Grand Cherokee when she inexplicably veered into an adjacent lane and sideswiped an ambulance operated by the Joachim-Plattin Ambulance District (JPAD). The collision forced the ambulance off the driving lane and into the grass median. The ambulance overturned after striking a metal barrier. The freeway was shut for hours while emergency crews tended to the victims. The two paramedics in the ambulance and their patient were taken to a nearby hospital where they were being treated for serious injuries.

The driver of the Jeep was arrested at the scene on suspicion of DWI and assault with a motor vehicle and was afterward released to the staff at a nearby hospital. No formal charges have been filed. The woman will probably be charged with one or more crimes based upon the police suspicion that she was intoxicated and that her state of inebriation caused the collision. The exact charges will not be revealed until police have consulted with the prosecutor.

Anyone who has been charged with driving while intoxicated and with injuring one or more persons in a collision may wish to consult an experienced criminal defense attorney as soon as possible after the accident. A knowledgeable defense lawyer can review the evidence, suggest potential defense strategies and, if appropriate, assist in negotiating a favorable plea agreement.

How motorcyclists can increase their visibility

Thu, 16 Jul 2020 15:33:43 GMT

Motorcyclists in Missouri deserve to safely cruise the roads. By all means, motorists do too, but car drivers naturally have the body of their vehicles as protection in case of a collision.

A simple solution would be to have motorists keep a better eye on motorcycles and give them space on the road. But, unfortunately, accidents happen. In fact, almost 5,000 motorcycle riders lost their life on the road in 2018 . To prevent dangerous or fatal accidents, there are driving habits and practices motorcyclists can implement to be more cautious and seen.

Here are four ways motorcyclists can catch the attention of motorists before it’s too late:

Don’t hang out in blind spots: Inevitably, you’ll end up in blind spots of several drivers with just about every ride you take. As such, you should be more mindful of about not driving side-by-side vehicles for a long time and pass cars with ample space and plenty of caution.
Wear bright colors: During day rides, you can increase your visibility with your outfit choices. You don’t have to compromise your style or dress up as an orange crayon. Instead, you can choose a bright jacket or a neon vest to add color to your riding outfit. That way you can easily remove the layer once you arrive to your destination.
Add reflective elements to your get-up: A neon jacket without reflective elements doesn’t help when the sun goes down. When you purchase gear to ride in, pay attention to and consider pieces that have reflective stripes or elements. Traffic deaths are a lot more likely to happen at night , as a lot of drivers can’t see the road and other drivers with the same clarity at night as they can during the day.
Add more lighting: To further increase your nighttime visibility, you can add supplemental lights to your bike. Even adding reflectors or reflective tape to your ride can make a world of difference.

It’ll be winter in the blink of an eye, so being proactive about your safety can help you get in many rides before the end of the summer.

Summer has a high rate of drunk driving incidents

Sat, 11 Jul 2020 15:35:23 GMT

Missouri summers are full of fun activities such as swimming, barbecues and outdoor sports. Unfortunately, summers can also bring a very dangerous activity to our state’s roadways: driving while intoxicated (DWI) and driving under the influence (DUI) of alcohol or drugs.

Drunk driving and drugged driving can take lives at any time of year, but the rates of each tend to increase in the summer. Here, we will examine why this happens and what you should do if arrested.

Why driving under the influence increases in summer

Social gatherings

Summer is an opportune time for barbecues, cookouts and other gatherings of friends and family. These events frequently involve drinking a few alcoholic beverages. However, some people take this too far and end up driving drunk .

Summer vacation

There is little that students look forward to as much as summer vacation. Teens and college students who do not have the responsibility of schoolwork sometimes kill time by drinking, even if they are not of age. Some young people even experiment with controlled substances, which can drastically impact their driving abilities.

Independence Day

Our nation’s enthusiastic celebration of Independence Day can lead to overindulgence in alcohol. July fourth is the holiday with the highest rate of drunk driving accidents, according to the National Highway Traffic Safety Administration. Celebrating with alcohol is fine, as long as you drink responsibly.

Higher volume of traffic

It seems that everyone loves to take road trips and other vacations in summer. This leads to congested roadways. Statistically, more people on the road means more drunk and drugged drivers.

What to do if pulled over

You should know your rights if law enforcement officers accuse you of DUI or DWI. You should provide your name, address, license and proof of ownership, but do not provide additional information. If the cop wants to search your car or ask you questions, politely decline. You have the right to decline field sobriety tests. If you decline a blood alcohol test, though, you may face license penalties. Finally, you should always contact a criminal defense attorney to protect your rights.

How do I prove in court my spouse cheated?

Thu, 09 Jul 2020 15:36:28 GMT

Missouri is a no-fault state for divorces. That means you don’t have to provide a grounds for asking the court to grant a divorce, beyond stating that there are irreparable differences with no chances of reconciliation or preservation.

While that may seem straightforward, it doesn’t completely absolve a spouse of responsibility for behavior like adultery . If you’ve been cheated on, you can still try and prove in court that there was infidelity in order to affect the outcome of the divorce, including things like alimony, child custody, and property divisions.

If you suspect your spouse of adultery, there are a few specific signs you should watch for to help you gauge your suspicion. These include:

Being secretive, particularly about their phone and computer usage. This may include shielding you from seeing it, erasing large amounts of communication or browsing history, or being overly protective over the devices.
Excessive periods where you cannot contact your spouse. It may present itself as working late, staying out late, or disappearing during the day for stretches of time. You may also notice schedule changes.
Changing appearances significantly. This could include dressing nicer, improving grooming habits, and restyling.
Projecting anger or frustration back on you or toward your relationship. This type of defensiveness presents itself as shifting blame, deflection, deprioritizing or resenting your marriage, or criticizing you and parts of your relationship.
A reduced sex life and lower emotional connection. You may begin to feel a distancing occurring, which can be a red flag that something is significantly wrong.
Strange charges on credit cards or excessive spending. This might show up on credit card reports, bills, or a bank statement.

None of these signs mean your spouse is absolutely cheating, of course, but they can be the first step in deducing what’s going on if you sense that something is off.

Proving the adultery is the challenging part. You’ll need to present evidence, which may include:

Cellphone records displaying excessive calls to one number
Statements from witnesses or confidantes, such as friends, family, or colleagues
Conversations or messages found on a computer or phone
Photographic evidence of your spouse with a particular person
Credit card and bank account spending patterns, such as for travel, hotels, or dining

By providing evidence and documentation in court during a divorce proceeding, whether or not you are the one who initiated the divorce itself, you can advocate for yourself and argue for a more just outcome.

3 ways to attack the results of a field sobriety test

Sat, 04 Jul 2020 15:38:26 GMT

When you’re pulled over for suspicion of drunk driving, the officer will ask you to perform some field sobriety tests. While you can refuse to take these tests, few people are going to question the instructions of a police officer.

Field sobriety tests only benefit the state. It helps to strengthen their case that you were driving while intoxicated. However, there are ways to challenge the results of a field sobriety test.

1. The test was flawed

There are three standardized tests that police officers will use in the field:

Horizontal gaze nystagmus
Walk and turn
One-leg stand

An officer may perform one, two, or all three of these tests. Some may also perform additional tests, though other tests do not have the scientific validity of the above three.

Even though the tests mentioned above are considered to be scientifically valid, they are still flawed. Numerous studies have shown that even when performed correctly, these tests are still far from being 100% accurate. Add in the fact these tests are subjective, and it’s possible to make a strong argument that the tests themselves are flawed.

2. The officer failed to perform the test correctly

The results of a test can be called into question if the officer fails to follow the standard procedures for performing the tests. This is also an effective means of challenging non-standard field sobriety tests.

3. A medical condition affected the results

Medical conditions can easily skew the results of a field sobriety test. Vision problems can impact the horizontal gaze nystagmus test. An inner ear problem can result in balance issues. Neurological conditions can affect your bodily movements.

These are not the only ways to defend against DWI charges. You can also challenge the results of a breathalyzer test. Evidence might be inadmissible if the police didn’t have probable cause to stop you in the first place. You should discuss your defense options with a skilled legal professional

Why the COVID-19 quarantine is causing some couples to divorce

Mon, 29 Jun 2020 15:41:23 GMT

The ongoing coronavirus pandemic has upturned everyone’s lives, from work to school to summer plans. It has also had a major impact on many couples’ marriages, for better and for worse. With spouses stuck together in close quarters, tensions can rise quickly. For some, these tensions may even lead to separation or divorce.

Reasons why couples may divorce due to quarantine

Though divorce usually has multiple complex causes, these are some of the factors related to COVID-19 that may contribute to divorce:

Familiarity breeds contempt

Spending hours upon hours with the same person is enough to turn feelings of love to feelings of annoyance. It could wear any marriage thin. For spouses who already had marital issues, this excess of time together can be the straw that breaks the camel’s back.

Financial woes

The pandemic has wreaked havoc on the local and national economy. Many people have lost their jobs or watched their businesses slowly collapse. Financial problems like job loss and debt can contribute to feelings of resentment, mistrust and insecurity, all of which can contribute to a divorce.

Stress

This brings us to one of the most common causes of relationship problems: stress. Under enough stress, even the strongest of marriages may crumble. And coping with the stress of homeschooling children, working from home, feeling cooped up and worrying about the pandemic may be too much for some relationships to bear.

Every relationship is unique, and these are only a few of the main factors that may lead to separation and divorce during this pandemic.

What to do if you are considering divorce

The quarantine has temporarily isolated people from each other, but this does not mean that you have to face a divorce alone. If you or your spouse is considering putting an end to your marriage, you can seek the counsel of a divorce lawyer. An attorney will advise you and guide you through this process and can advocate for your best interests long after the pandemic has ended.

3 tips to follow for safe summer driving

Fri, 26 Jun 2020 15:43:20 GMT

Summer is one of the most popular times of year for vacations. Children and college students have a break from school, many offices allow flexible summer hours and just about everyone in Missouri longs to be outside in the gorgeous weather.

Summer also has one of the highest rates of car accidents, including those from drunk and drugged driving. Though it is not always possible to avoid car crashes, there are some critical safety tips that you can follow to reduce the chance that it will happen to you.

Safety tips to protect you and your family

You can use these safety guidelines to prevent motor vehicle accidents and injuries this summer:

Service your car regularly: Regular maintenance checks can go a long way toward preventing accidents. Be sure to have the service team check your brakes, headlights, airbags, tires and battery. If an aspect of your vehicle is not safe, do not drive until you have it fixed.
Pack an emergency kit: If you are in an accident or your car breaks down, an emergency kit just might save your life. Your pack should include first-aid supplies, nonperishable food, water and some basic repair tools. A cell phone charger—or even a spare phone—is also a good idea.
Avoid distractions: Distracted driving is a scourge of the roadways, contributing to numerous injuries. When driving, devote your full attention to the road. Do not use handheld devices like cell phones and be cautious when using hands-free technology for navigation or entertainment.

Know what to do after an accident

As we mentioned, not everyone can prevent an accident. Sometimes, a negligent driver causes a crash through no fault of your own. If this happens to you, seek medical attention immediately, even if you do not have any visible injuries. Get the name, contact information and insurance info of the other driver. Do not speak to insurance representatives; get an attorney to represent you. Finally, consider seeking compensation for your damages.

What’s the deal with drivers during the pandemic?

Wed, 24 Jun 2020 15:44:32 GMT

It’s counterintuitive: Highways emptied out due to nationwide stay-at-home restrictions, yet America’s roads seem more dangerous than ever. Law enforcement officials and those who monitor traffic statistics report that reckless driving has increased dramatically since March, resulting in higher-than-normal fatalities.

Missouri State Patrol reports that traffic was down 40% between March and the end of April, but some drivers are taking the more open highways as license to go a tad faster than the posted speed limit. Capt. John Hotz at MSHP headquarters in Jefferson City says troopers in Missouri have routinely clocked drivers at 100 mph and above since the COVID-related drop in traffic. One motorist hit 145 mph .

Fatalities are up

Unfortunately, the drop in traffic has not brought a corresponding drop in fatal accidents in the state. Hotz reports that fatal accidents were up 3% by early April over the same period in Missouri in 2019. That is a trend that is being mirrored across the U.S.

“We have more available lane space for drivers to use and abuse, and people are really, really abusing,” Michael Hanson, director of the Office of Traffic Safety in Minnesota, told the Washington Post. In Atlanta, a police officer who was supposed to be in self-quarantine after testing positive for the novel coronavirus was stopped by a state trooper for driving 130 mph in a 65 mph zone.

It’s not surprising that less congestion leads to higher speeds on highways, but authorities are especially concerned that vehicles are driving over 60 mph on residential streets where pedestrians are common. Data analytics company Zendrive reports that motorists are also more distracted than usual. They are braking harder and using their phones more while driving.

Speed as a stress reliever?

Authorities feel that less congestion is a primary reason for the increased speeds, but it’s not the only one. Motorists may realize that some police departments have reallocated resources to focus on things other than speeding. And psychologists say driving fast is a popular method for many people to release stress that may be building up due to the virus lockdown. Hotz of the Missouri State Highway Patrol emphasizes that troopers are still out there watching for speeders and writing tickets – expensive tickets.

Increased speeds result in more serious injuries when accidents do occur. Injured parties in Lee’s Summit and Greater Kansas City should enlist the representation of an experienced personal injury law firm to help them maximize the amount they recover for medical costs, lost wages and more.

Why more wives should follow the First Lady’s lead

Mon, 22 Jun 2020 15:46:34 GMT

A new book about Melania Trump by a Washington Post reporter made headlines for the salacious details it reveals about the First Lady. Included in “The Art of Her Deal: The Untold Story of Melania Trump” is a report that she delayed her move to Washington, D.C., from New York after her husband took office to use that as leverage to renegotiate her prenuptial agreement.

Author Mary Jordan cites several people close to Ms. Trump who say that while the president’s assistants were eager for Melania to relocate to Washington because her presence helps keep him calmer, Ms. Trump delayed moving herself and the couple’s son Barron into the White House until she was able to secure increased financial security for her son and her.

Prenuptial Agreements Can Be Revised

It is a good reminder that prenuptial or postnuptial agreements are not written in stone. It is always wise for both parties who are signing a prenuptial agreement to have separate lawyers review the agreement with the intent to protect their client’s interests. However, if it is determined after an agreement is signed and the parties are married, that parts of the agreement should be changed, it is possible to revise it. Of course, both parties must agree to the new terms and sign the new agreement.

Why Changes May Be Necessary

There are many reasons why a prenuptial agreement may be a good idea. A common one is that one party’s financial situation changes. For example, one spouse may bring a small business into a marriage, and the assets and liabilities from that business are addressed in the prenuptial agreement. If the business succeeds beyond anyone’s dreams, the spouse who brought the business into the marriage presumably is making significantly more money. The other spouse may have to quit a job or pass over a promotion in order to allow the business-owning spouse to devote more time to the business. The original agreement regarding the business likely will need to be amended.

Another common reason why a prenuptial agreement must be amended is because the couple moves to a different state. All states have different guidelines and requirements regarding how prenuptial agreements must be structured. It is important for couples who have moved to be certain their prenup adheres to the laws of their new state.

Also, laws may change that impact a prenuptial agreement. For example, In 2019, court-ordered alimony could no longer be deducted on the income taxes of the person who pays support. This may have unintended consequences for someone who signed a prenuptial agreement prior to 2019.

Know What’s In The Agreement

A person signing a prenuptial agreement should know what they are agreeing to. This typically requires enlisting the help of a knowledgeable family law attorney who can help draft the agreement or review an existing agreement.

That may seem obvious, but Jordan’s book on Melania Trump states that even Donald Trump’s lawyers felt sorry for how little his second wife, Marla Maples, received after their divorce in 1999.

When can someone expunge or seal a criminal record?

Fri, 19 Jun 2020 15:55:26 GMT

One of the more difficult aspects of the legal system is how a bad decision or mistake can haunt you for years, if not the rest of your life. For those who’ve been accused of committing a crime, this can have significant disruptions to many areas of your life. It can make finding work and housing difficult, and it can leave a lasting stigma on your reputation.

Unfortunately, many of the people who live with these disruptions have significantly changed their ways and are living as close to a normal life as possible. Still, their past haunts them and makes it difficult to thrive.

It’s possible in certain circumstances to seal a record and largely prevent it from being publicly available, or in some cases even completely expunge a criminal charge, which treats it like it never occurred.

Cases where sealing a record is an option

The following are some of the primary circumstances where it’s possible to get your record sealed:

Prostitution
Class 4 felony possession of controlled substances and cannabis
Illegal carrying or possession of a firearm
Most misdemeanor convictions
Most acquittals and dismissals for felonies or misdemeanors

It’s important to note that there are still circumstances in which a sealed record can be accessed, such as during an employment screening that requires fingerprints, or by law enforcement and prosecutors.

There are many situations in which sealing your records is not possible, such as most violent crimes or cases of animal cruelty.

Cases where expungement is an option

Expungement is more difficult to obtain. If you’ve been convicted previously, even once, you may be ineligible for it in some cases. However, the following conviction-free circumstances can be expunged:

Cases where no probable cause was found
When a prosecutor abandons a case entirely (nolle prosequi)
If you’re found not guilty

And once a certain number of years have passed, so can:

Probation
Drug offenses
Firearm/weapons possession

The expungement option enables you to regain access to many of the rights that you may have lost prior to your conviction.

An experienced attorney can help you begin the process of re-establishing your own rights so you can rebuild your life.

How to prevent a dog bite or attack this summer

Tue, 16 Jun 2020 15:57:19 GMT

As warm weather sticks around for a while in Missouri, you and your family might come across more dogs out at parks and around your neighborhood. As tempting as it might be to pet them all, there is always the potential that your greeting might startle the dog.

U nfortunately, a startled animal could turn petting a cute dog to a dangerous situation in a matter of seconds. To keep you and your children safe, you can take proactive steps to prevent a dog bite or attack.

Here are four ways you can create safer interactions with dogs:

Ask the owner first: This might seem like common sense to you, but kids and adults alike sometimes approach pets with their heart first instead of their mind. Unfortunately, as friendly as a dog might seem, the pet might not have received training on how to behave during social encounters or take kindly to strangers.
Let the dog smell you: Instead of rushing up to the dog, try letting the animal sniff your hand first. Dogs take in the world around them through their nose. To put it in perspective, dogs have 300 million olfactory receptors , while humans have 5 million. So, if they aren’t willing to sniff or move back when you offer your hand, then it’s probably best to end the interaction there.
Don’t interrupt the dog: If you are trying to write an email and a friend or family member continually bombards you, then you’d probably mention something out of annoyance. In a similar sense, you shouldn’t interrupt a dog that’s in the middle of sleeping, playing, barking or eating. They are more likely to cause a fuss if they aren’t anticipating a greeting from you.
Avoid petting certain areas: Most dogs don’t like being pet near their tail or paws. Again, checking in with the dog’s owner is always your safest bet, because the dog could be recovering from a back or tummy injury or illness that makes safer spots more sensitive too.

If you do fall victim to a dog attack, medical attention should be your first priority. From there, a personal injury attorney can help you heal through medical compensation.

If you’re hurt, those responsible should be held accountable

Wed, 05 Feb 2020 16:58:21 GMT

It’s a chilly time of year, but that doesn’t mean you’re going to stay inside. You like going out to boat or drive your four-wheeler, so you can get out of the house and enjoy yourself.

Unfortunately, catastrophic injuries can happen when you least expect them. Whether it’s slipping on a staircase, getting electrocuted when using a local business’s outlet or getting into an auto accident, injuries can happen anywhere and at any time.

When you’re hurt, make sure you know your rights

It’s important that you’re able to understand your rights after you’ve been hurt. You deserve to be compensated fairly if you’re harmed because of another person’s negligence or misconduct. For example, if a teen is texting and driving before hitting you, they should be held liable for those actions. Similarly, if you get electrocuted because of poor maintenance in a local coffee shop, they should be held responsible for that as well.

When you’re hurt, get appropriate care before calling your attorney

As soon as you’re hurt, you need to inform those around you and call 911 or go to the hospital. Your health is the most important thing in this situation. After you do that, you can reach out to your attorney to begin speaking about your claim . Depending on the circumstances of your situation, you may be able to begin a claim right away by having your attorney reach out to the other party or their insurance.

Our website has more information on personal injury claims and what you can do to fight for a fair settlement .

Even complex divorce cases can benefit from mediation

Fri, 24 Jan 2020 17:01:53 GMT

Many Missouri residents have complex issues to resolve when going through the divorce process. Because of this, they often feel that going to court to finalize their dissolution proceedings is inevitable. Truthfully, they can still avoid going to court if they are willing to talk things through. Mediation is an alternative dispute resolution method that can work for most couples, even when complex issues need resolving.

W hat is mediation? How does it work? Why might you want to consider it?

Mediation is…

Mediation is, in short, meetings to discuss divorce terms. You and your spouse meet with a mediator and try to work out who gets to keep what, child custody and support terms — if applicable — and alimony terms, if desired. The number of mediation sessions it takes to resolve all issues varies per couple. Some people can reach agreeable terms quickly, while others may take months or longer trying to reach fair settlements.

Why choose mediation?

Not everyone wants to go to court to fight things out. Mediation offers a better way to reach dissolution terms without the time and expense of taking the matter before a judge. Other benefits of mediation include:

Privacy
Respectful parting
Informal setting

It simply is a better way to reach terms that are specific to your family’s needs without the stress of going through the traditional legal process.

Yes, you can seek help through the mediation process

Choosing mediation does not mean you lose the right to seek assistance from legal counsel. You can have an experienced attorney guide you through the process and help you achieve a settlement that is fair and meets your needs.

Can it work for you?

It can if you are willing to put in the effort . Mediation takes work and time. It takes both parties being willing to talk, negotiate and give a little when necessary. It will not work if one party tries to use it as a way to take advantage of the other party. It will not work if you go in with a set agenda and refuse to budge. It will not work if you or your spouse go in expecting it not to work.

Keeping an open mind is essential, as is maintaining sight on the end goal — dissolving the marriage quickly, fairly and without drama. You can do it, and you do not have to do it alone.

Top female roles may be correlated to a higher rate of divorce

Fri, 24 Jan 2020 17:00:41 GMT

Women who are successful may find that it’s more likely that they’ll divorce, based on new research. While you’d think that having a better job and more money coming in would be beneficial, authors of a research study that was published in the American Economic Journal show that promotion to a top-ranking job in politics actually increases the rate at which women divorce.

Women who become CEOs also see a faster divorce rate, according to a co-author of the study. Interestingly, this same promotion for a man did not result in the same correlation.

The study looked at the lives of heterosexual females and males working for private companies that have over 100 employees. Under those circumstances, it was discovered that women who were married and who then received promotions were twice as like to divorce as their male counterparts after three years.

Many careers follow the trend. Some include female medical doctors, female priests and female police officers. What is the cause of the higher rate of divorce? That’s arguable. Some believe that it’s the expectation for women not to choose between a career and family. Others say it’s a combination of the friction of changes in household roles or the stress of a top position. Generally, the research team argues, a woman’s promotion amplifies differences because there is a mismatch of expectations in the home. It’s still rare to see men be the main supportive spouse, which is potentially part of the reason that so many high-level executives end up facing divorce .

If you’re facing a divorce and are working a top career, you’re not alone. This is a relatively common situation, and it’s important that you’re able to get support while going through it.

Over the aggravated DWI limit? Work to defend yourself

Thu, 09 Jan 2020 17:03:04 GMT

You and your friends went out for a drink, but it was the same as any other time you’d done so. You all gathered together and decided who was the least intoxicated, and you thought that you were the safest to drive. In fact, you didn’t feel drunk at all.

Unfortunately, when you were stopped, you allowed the officer to give you a Breathalyzer test and failed. Now, you’re actually accused of being not only over the limit, but also over the aggravated limit . You could face enhanced penalties, all because you felt like you weren’t intoxicated when you got into your vehicle.

When can you face an aggravated DWI in Missouri?

You can face an aggravated DWI when you have a blood alcohol concentration of .15% or higher. That’s nearly two times the legal limit.

All DWIs in Missouri come with penalties, but aggravated crimes have harsher penalties to consider. For example, if you have a BAC of .15 to .2%, then you have to spend at least 48 hours in jail. For a class B misdemeanor, you could face up to six months in jail and be fined up to $500.

What should you do if you’re facing an aggravated DWI charge?

If you are facing an aggravated DWI charge, you should know that the penalties may be severe. Your attorney will work with you to try to have the charges dropped or lowered, so you face the minimum penalties possible and protect as many of your freedoms as you can.

Our website has more on aggravated offenses and what to do if you’re stopped by the police.

You could have a defective motor vehicle case if you crash

Thu, 02 Jan 2020 17:03:57 GMT

When your vehicle went out of control, there was nothing you could do to prevent it. You tried to correct your vehicle, but your wheel seemed like it had no control over the rest of the vehicle at all. Try as you might, there was just nothing you could do.

After crashing, you were glad that you didn’t involve anyone else in the collision. You hit a median at a moderate speed, and you suffered a head injury along with some other minor physical injuries. Now, you want to know why your vehicle went out of control . You’re a safe driver, and this doesn’t reflect that.

You may have a defective motor vehicle case

You could have a defective part in your vehicle that led to the collision. For example, damage or defects in the electrical system, braking system or steering systems could all lead to trouble controlling your vehicle. Trouble with the fuel system or transmission could also make it hard for you to control what your vehicle does, putting your life in danger.

Under the doctrine of strict liability, you’re able to file a strict liability claim if you can show that there is a motor vehicle defect that led to your crash. You don’t have to show that manufacturer or dealer was negligent or careless to bring a case, so long as:

There was a component of your vehicle that made it unreasonably dangerous
Your vehicle hadn’t been substantially altered since it was sold to you
The defect in the vehicle caused injuries while it was being used

You deserve to have a safe vehicle. If you’re hurt because of defects , you may want to learn more about making a claim.

Should you work with a personal injury attorney after an injury?

Fri, 27 Dec 2019 20:03:50 GMT

A personal injury has the potential to stop you in your tracks. It can make it hard to have the life you had before you got hurt, making it all the more necessary to seek out the compensation you need afterward.

With any personal injury, you’ll have a few common expenses and losses such as:

Travel costs for going to and from appointments
Medical bills
Lost wages

You may also be able to file a claim to seek compensation for your pain and suffering and other concerns.

Is it important to work with a personal injury attorney after you’re hurt?

It is smart to work with a personal injury attorney. Why? They’re familiar with situations like yours and can give you more information on the medical documents or other information you’ll need to make a solid case. Your attorney is also familiar with negotiating and getting their clients the best possible settlements. If you can’t settle, then your attorney will also be able to help by representing you in court.

Whenever you believe that your injury is the result of another person’s negligence or reckless behavior , it is important that you speak up and hold them accountable for their actions. Even if the situation was unintentional, the reality is that you have injuries that are affecting your life. It is fair for you to seek out the compensation you need to support you as you focus on your own recovery. Your attorney can give you more information on what to expect with your case once you give them all the facts.

Coping with your ex living with their affair partner

Thu, 26 Dec 2019 20:06:15 GMT

Child custody cases are difficult even under the best of circumstances, but when you throw an affair into the situation, they become even worse. Some parents who are going through a divorce have to deal with the fact that their ex has the person they were having the affair with living with them. This means that the children are going to spend time with that person, which can be hard to handle.

One thing that you have to realize in these situations is that you have to put your own emotions aside . Instead of focusing on how it makes you feel, consider how your children are faring. It is fully possible that they are safe and building a loving relationship with their other parent because even a horrible spouse can be a fantastic parent.

Think about whether your children are safe or not. If they are, your focus should shift toward encouraging them to make the most of the circumstances and toward building your own relationship with them.

Your children deserve to have a stable and loving environment to grow up in. Realizing that your marriage isn’t going to be repaired but that the affair partner is going to have a part in raising your child is a tough pill to swallow. In this case, taking the high road is likely going to be the best option.

Give your ex and their new partner respect and avoid speaking ill of them around the children. Put forth an effort to ensure that your child knows they can love them both and enjoy spending time with them. You will have to let the past go and realize that you have a new life now if you are going to make this work.

When there are issues that creep up in these situations, you should turn to the parenting plan for information about how to handle them. For example, if you find out that your children aren’t safe around your ex’s new partner, you might opt to turn to the court for options to protect the children.

Details that could make your prenuptial agreement invalid

Fri, 20 Dec 2019 20:07:15 GMT

Regardless of income level, many Missouri couples find it beneficial to draft a prenuptial agreement before they walk down the aisle. These contracts can protect the financial interests of both parties in case of a divorce in the future. A couple can also use a prenup as a way to outline the financial responsibilities of both parties over the course of the marriage.

If you made the decision to draft a prenup, you will want to consider specific details as you draft this legal agreement. When there are problems with a prenup, it can lead to complications if the couple divorces in the future or one party challenges the terms of the agreement. As with any family law agreement that can affect your future, you will find it beneficial to have experienced legal guidance during this process.

Potential problems you can avoid

One way to avoid problems with your prenuptial agreement is to make sure it is enforceable in case of a dispute. This means avoiding even simple errors that can result in a judge ruling some or all of your prenup invalid. Some of the most common reasons why this could happen include:

The prenuptial agreement is not actually in writing.
The terms are illegal or not enforceable.
There is reason to believe one spouse signed it under duress or without reading it.
The two parties did not draft or sign the prenuptial agreement before the wedding.
One spouse felt pressure to sign the agreement despite having concerns about the terms.
There was not enough time to read the agreement before signing it.
The terms of the prenup are incorrect or misleading in some way.

In many situations, a prenuptial agreement is a good way for a couple to feel confident about their future financial security. Drafting one of these does not mean you assume that your marriage will end at some point. It simply means you are preparing for a contingency in the future .

Guidance for family law matters

Drafting a prenuptial agreement is an important decision that could impact your future. This is why you will find it beneficial to discuss this matter with an experienced family attorney before you proceed. When you have the right assistance, you will reduce the chance of committing a mistake that could influence the enforceability of your prenuptial agreement. An assessment of your finances and your goals can help you see what should be in your marital contract.

Does Missouri allow passengers to drink alcohol in moving cars?

Thu, 19 Dec 2019 20:08:19 GMT

Drunk driving is extremely dangerous, which is why there are so many laws that try to combat it. Interestingly, Missouri is one of only a few states that allow those who are not driving to possess open containers of alcohol inside their vehicles.

Keep in mind that your municipality or local area may have its own open container laws, so even if the state approves, you could be out of luck locally.

Missouri’s law allows anyone who is 21 or older and a passenger in a vehicle to possess open containers of alcohol. Drivers are still not allowed to drink and drive or possess open containers.

Since 2000, the state of Missouri has been paying fines as a result of its decision to allow passengers to drink in vehicles . This is because of the Transportation Equity Act, which requires any state that allows open containers of alcohol in moving vehicles to spend 3% of the funds given to them to use on highway construction for safety initiatives instead. In 2016, Missouri’s fine was approximately $21.4 million, according to the Missouri Department of Transportation.

Interestingly, an engineer for the state stated that the penalty actually does good in the state. It means that money is diverted from fixing the roads to other safety needs, like installing median guard cables and installing rumble strips on the shoulders of the highway.

Regardless of the way the state stands on the issue of passengers having open containers, drivers cannot. If you’re stopped and have multiple people in your vehicle with open containers, you could still be accused and may want to seek help with your defense .

Get help after you suffer a personal injury in Missouri

Fri, 13 Dec 2019 20:28:10 GMT

Most people agree that suffering an injury unexpectedly has a real impact on their lives. It changes how they live their daily lives, and it could change their ability to go to work or school. Whether you suffer from a brain injury, spinal cord injury or another kind of personal injury, your life changes the moment it happens.

As a person living with a new injury, you know that you have to get the right medical care. You focus on care that helps you heal as much as possible, but for some injuries, you may never be the same.

It’s a wise choice to start looking into making a personal injury claim as soon as you can after you are involved in a crash. Doing this gives you an opportunity to get the money you need to cover your medical care and to eliminate the threat to your financial security.

What do you need to do after you’re hurt in an accident?

After you’re hurt in an accident, one of the best things to do is to reach out to your attorney. They’ll be able to take over the legal side of your case, so you can focus on spending time learning to live with your injury, healing and attending medical appointments.

Your attorney will reach out to the insurance company the other party uses, if they have one, to start discussing a settlement for your case. They’ll use your medical records and other information to make sure you get what you need and to prevent unfair settlement offers from leaving you with too little to cover your losses. Our site has more on personal injury claims and what you should expect when you reach out to your attorney.

Many decisions come during a divorce

Wed, 11 Dec 2019 20:32:28 GMT

The end of marriage is a complicated time. You have to learn how to navigate the legal system at a time when you don’t have the support of the person you thought you’d have for life. Determining things like who gets to stay in the house and where the kids will live can be a challenge. Unfortunately, you will have to handle these matters and others when you choose to file for divorce.

Throughout the divorce process, you are going to have to make decisions that can impact the rest of your life. This includes things like who gets what property, who is going to pay which debts and what’s going to happen with the children. Each decision must be made based on current laws and what you feel is best for your needs.

For many people who are ending a marriage , the terms of the divorce are made through mediation. This process involves you and your ex negotiating with each other to split everything up. You will do this for property division and child custody. The court will issue the child support order based on several factors contained within the law.

We know that this might be a difficult transition for you to move from married to single life. While we can’t do much with the social and emotional aspects of this change, we are here to help you work through the legal system. Our team can answer questions about your options and responsibilities. Ultimately, your goal is to walk away from the marriage on the best footing possible to start your new life.

Man faces involuntary manslaughter charges after fatal crash

Thu, 05 Dec 2019 20:34:15 GMT

Imagine driving toward your home after work. You’re tired, and you just want to get there. All of a sudden, someone flies toward you from a side street and T-bones your vehicle. The next thing you know, you’re in the hospital waiting to hear if you need to have surgery.

When a driver’s actions cause others to suffer, they should be held accountable. Take, for example, a driver who speeds and forces others to move out of their way. Their reckless actions could make others nervous or force them to make maneuvers they’re not comfortable with. In some instances, they may go off the road and crash .

Here’s a story out of Lee’s Summit in which a man who was speeding allegedly caused a fatal crash in May 2019. The man, 34, is facing charges of involuntary manslaughter for the fatal crash that supposedly resulted from his behavior.

The court documents for the case state that the man was driving more than two times the speed limit when his vehicle hit another on Southwest 3rd Street. The crash resulted in the other party’s death.

After an investigation, the Lee’s Summit Police Department determined that the man was traveling at 68 mph in a 35-mph zone. Now, there is a warrant out for his arrest.

If you are involved in a crash like this one, know that you can pursue a claim to hold the driver responsible for your injuries. If you lose a loved one, you may be able to pursue a claim against them for the actions that led to the wrongful death.

Watch out for the dangers of drinking on Blackout Wednesday

Fri, 29 Nov 2019 20:47:24 GMT

Thanksgiving is here, so it’s time to talk again about the dangers of drunk driving. Thanksgiving is one of the heaviest drinking days of the year, which can be a lot of fun. Unfortunately, it can also be extremely dangerous if people choose to get behind the wheels of their vehicles.

Why is Thanksgiving Eve such a big drinking night?

Thanksgiving Eve, also known as Blackout Wednesday , is the biggest drinking night of the year. There are a few reasons for this including that:

Many people don’t have to work the following day
Everyone who comes home to visit sees friends or family members who they may want to drink with
Thanksgiving dinner is the perfect hangover cure
Most people who have friends or family coming into town plan to host dinner or to entertain the night before Thanksgiving

If you plan to drink, you should remember that the day of the year makes no difference. Your intoxication levels may make it unsafe for you to drive, and you shouldn’t risk it. If you do decide to drive and end up in a crash, you could be badly hurt. You could also hurt or kill others.

You should know that driving while intoxicated is taken very seriously by the authorities, especially over the holidays. There are more police on the roads, and you may be more likely to get caught.

If you’re planning to drink, don’t plan to drive. If you do, you could face a DUI and may need support from your attorney to fight against the charges against you.

You and your children can move on after a divorce

Wed, 27 Nov 2019 20:48:10 GMT

Your children have a major life change to deal with when their parents divorce. Trying to move on after you end the marriage can be a challenge. You have to think carefully about how your decisions impact your kids, but this poses its own difficulty.

One of the best ways that you can move forward after a divorce is to take care of yourself. You have to make sure that you are in good shape to start your new life. This means that you find the support you need and take steps to find happiness. This can include taking care of major decisions, such as where to live and finding suitable child care. You also need to focus on building your circle of friends and finding activities that you enjoy doing.

You have to be able to let go of your ex, which can take time. Many people who are going through a divorce try to rush things at first. Because you must have contact with your ex due to the children, it is a good idea to only focus on the kids at first. This prevents you from becoming too stressed over the changes and can be a good example for your children. You may experience waves of emotions during this period, so make sure that you address them. Trying to suppress them is likely going to lead to more difficulties.

Children need stability so making sure that you have the parenting plan in place as quickly as possible is beneficial. This enables you to help them settle into the new way of life. It can also give you peace of mind and help you feel less stress over what’s going to happen.

Divorce often means doing what is best for everyone

Mon, 25 Nov 2019 20:49:12 GMT

When you first got married, you likely envisioned various milestones you would experience with your spouse by your side. Various birthdays, anniversaries, childbirths, vacations, retirement and overall living happily into your golden years likely crossed your mind. One milestone you may not have considered is divorce. Unfortunately, that is where your journey with your spouse has ended up.

You may have realized that your visions of a happily ever after would not come true a long time ago, or you may have been blindsided by your spouse’s request for divorce. No matter the way it happened, you likely still have strong feelings about taking this path in life. Still, you want your case to go as smoothly as possible, and fortunately, you can help yourself reach that goal.

What is the best approach?

The exact way you choose to approach your divorce will depend on the specific circumstances of your relationship with your soon-to-be ex and your case overall. However, some ideas you may want to consider when getting ready for your case include the following:

Put your emotions aside : It can be difficult not to let your emotions drive you during any difficult time in life, but it is important to remain logical and realistic during your divorce because it is a legal process that cares little for your feelings.
Do what is best for the kids : If you have children, keep them out of the proceedings as much as possible. If they are old enough, they may provide some input on aspects that could affect them, but in other respects, refrain from putting pressure on them or using them as messengers.
Cooperate as best as possible : Just like putting your emotions aside, cooperating with someone who may have hurt you can be difficult. Still, if you decide to compromise and negotiate fairly, you may see the end of your case much more quickly.
Forget revenge : Many people think that the courtroom will be the perfect place to get revenge on a cheating ex but taking this approach may only cause more problems for both of you.

It is also important to take care of yourself during this time to prevent too much stress. You may need to reach out to a therapist to help you address your feelings if it is too much for you to handle on your own. You may also want to reach out to a legal professional to help you with your divorce case so that it does not overwhelm you either.

Controlling your emotions may be important during divorce

Fri, 22 Nov 2019 20:50:04 GMT

Getting a divorce can be an emotional time in any Missouri resident’s life. However, it is important that you do not let your emotions control the decisions you make during this time. If you let feelings of anger or desires for revenge get the better of you, you could end up making the situation worse for your ex-spouse and yourself.

Certainly, it can be difficult to keep your emotions in check while going through such a life-changing and difficult time. It can take some work, but you may feel that the work is worth it in the end if it prevents you from making hasty decisions that you later regret.

Emotion control

It may not seem possible to control your emotions regarding this matter at all times, and that is ok. It is most important that you keep unnecessary outbursts out of the courtroom and out of your divorce-related decision-making. Some ways you can help keep your feelings under control include the following:

Find an uplifting activity : When your emotions are running high, it can be difficult to know what you should do with yourself. If you find an activity that can help boost your mood, like walking, catching up with friends, listening to music or meditating, you may feel more in control.
Know what you are feeling : It can be hard to handle your emotions if you do not know exactly what they are. When you start to feel a certain way, try to label that feeling as anger, sadness, nervousness, anxiety or whatever else you may be feeling in order to better find a way to address the issue.
Try to think positively : When your emotions are in control, it can be difficult to think logically and positively. If you know your emotions, you may have a better chance of reframing your thoughts to remain realistic.

If you can implement these tips, you may be able to approach your divorce in a more business-like way.

Having help

Of course, it is important to have help during such a difficult time, and you may want to reach out for legal support. A family law attorney could help you understand your legal options, state laws and how you can best approach your divorce case. Finding the right approach may help you feel more in control.

Missouri is tough on drug crimes

Thu, 21 Nov 2019 20:52:16 GMT

There is never a time when it’s going to be easy to deal with drug charges. The reality is that the laws are tough. If you’re caught with drugs or medications you’re not supposed to have, you could face the full force of those laws.

Missouri is relatively tough on drug crimes . Take, for instance, a simple possession charge. In Missouri, simple possession of any drug other than marijuana can lead to a class C felony and up to seven years in prison. This is on top of a $10,000 fine.

Sometimes, those who alleged to have been in possession of drugs will also be accused of intending to sell them or distribute them, even if that was not the case. They have to worry about distribution charges, which are a Class B felony. You can be imprisoned for up to 15 years if you are found guilty of distributing drugs in Missouri.

Fortunately, Missouri has a Drug Court Program . These courts are designed to be an alternative to the traditional court system and can help some avoid prison. The program can be ordered as a condition of parole and probation. If you are offered the opportunity, the Missouri Drug Court Program requires you to attend substance abuse treatment, to have regular appearances in court and to stay in the program for at least one year (but no more than two).

Your attorney can talk to you more about the charges that you face and the penalties that may come with them. Make sure you understand them and are prepared to deal with the justice system.

Unresolved recalls are dangerous for consumers: Get help

Thu, 14 Nov 2019 20:53:49 GMT

Safety defects are a real concern, especially when those defects are concerning your vehicle. Unfixed safety recalls in vehicles that are being sold to unsuspecting buyers raise concerns.

In October, AutoNation was found offering vehicles that had safety defects. While that might be old news, it’s important to touch on this topic because consumers need to be aware that what a business says it does and what it actually does may be two different things. In that case, the company had pledged not to sell vehicles with unresolved recalls , but it still was. That threatens the safety of everyone on the roads.

So, what can you do to eliminate the risk of buying a vehicle with a safety recall?

To avoid buying a car that has a safety recall , make sure that you’re asking the right questions. Ask the seller if the vehicle currently has any safety recalls out on it. If so, request proof that those recalls have been addressed. If not, you can choose a different dealership or ask to have the recalls taken care of before you make the purchase.

Our website has more information on what to do if you’re involved in an accident because of an auto defect or other problem with your vehicle. It’s your right to pursue a claim if you were sold a vehicle that did not have safety recalls addressed and if you were lied to about the safety of that vehicle. No one should knowingly sell a vehicle that has safety recalls out on them unless the buyer is made aware.

Cooperation is beneficial during child custody negotiations

Wed, 13 Nov 2019 20:54:54 GMT

Going through a divorce with children is a difficult journey. Not only do you have to think about your own well-being, but you also have to think about the kids’. This can make decisions that would normally be easy a bit more challenging to make. We know that you just want to do what is best for your children, and we are here to help you work toward that goal.

Many child custody cases are resolved through the use of mediation or collaborative methods. These enable the parents to make decisions about the child instead of asking a judge to make them. If you choose to use this method, you and your ex will work closely to negotiate the terms of the parenting plan.

The way that mediation is handled can have a big impact on how the parenting arrangement works in the future. Typically, if you and your ex can keep things civil now, it will be easier down the road to remain respectful and have a productive relationship.

It isn’t always easy to get along with an ex, so you have to make sure that you go into each negotiation session prepared. Failing to do this can lead to you becoming unnerved, which might cause problems with compromising. We are here to help ensure that your rights are protected and that you are aware of your options each step of the way.

Once you and your ex work things out, you will have an outline of how various situations should be handled. As your child matures, you might need to have this modified. You can focus on what your child needs now since you know that modifications are possible.

What should you know about getting a DWI in Missouri?

Mon, 04 Nov 2019 20:56:16 GMT

You and your friends went out for a night on the town to celebrate turning 21. Like most young people, you went out with a designated driver who ended up partaking in the activities and being unable to drive you home.

Of everyone, you felt you’d had the least to drink and that you were the most likely to drive safely. Unfortunately, you were not as sober as you believed, and you were stopped by a police officer on the way home. Now, you’re facing a DWI .

Missouri is tough on drunk drivers

It should go without saying, but the authorities are becoming more strict with drunk driving. Once your blood alcohol content (BAC) reaches .08%, the officer needs no further evidence to arrest you and for a DWI charge to lead to a conviction. This limit is known as the per-se limit.

Anyone who has a BAC of .15% or higher faces enhanced penalties for an aggravated DWI. The minimum jail time for a BAC of .15 to .2% is 48 hours, so if your BAC is that high, you’ll be spending a couple days in jail.

Will you lose your license over a DWI in Missouri?

Yes. The State of Missouri automatically suspends the licenses of those convicted of DWIs. A first-time DWI results in a suspension of 90 days. If you select to have an ignition interlock device installed, then you can drive during those 90 days on a restricted license.

If you’re accused of a DWI, putting together a defense is a good idea. With one, you may be able to limit these penalties.

The child custody plan: What if your teenager hates it?

Fri, 01 Nov 2019 19:57:14 GMT

When you and your spouse decided to get a divorce, the most difficult part was that you would have to split up time with your children. You both talked about different custody plans that you thought would work well. You even had a plan in mind to submit to the court.

Then, your teenager saw the arrangement and decided that they didn’t like it. They argued that they didn’t want to live with the person who was arranged to have custody more often. They complained that they would be too far from their friends and school.

While you both tried to explain that there were changes taking place for everyone, the fact that your child hates your new custody plan is difficult to deal with.

What should you do if your child doesn’t like a custody plan?

To start with, one idea is to have a conversation with your child and the other parent. During this conversation, you and the other parent should explain why you chose the plan you did. Perhaps, you chose the plan because it was the best for your work schedules. Maybe this new plan provided the most time for family members, like grandparents, to see their grandchildren while visiting with their children. If you can fully explain your reasoning, your child may feel better about the arrangement.

Another option is to have your child put together their ideal custody plan . Look at it in comparison to yours to see the differences. If they are minor, you may be able to implement some changes. If the plan is significantly different, you may want to discuss what you can or cannot change about the plan that you and your spouse already agreed on.

Telling your spouse you want a divorce is challenging

Wed, 30 Oct 2019 20:00:05 GMT

Telling your spouse that you want a divorce is likely going to be the most difficult conversation you’ve ever had. Not only do you have to worry about how you will handle it, you also have to wonder how they will take the news. Taking the time to plan what you will do and say might be beneficial.

Determining when to tell them is one of the most important things that you need to consider. You should choose a time when both of you are calm and have time to discuss what’s going on. Never just spill this out when things are already heated because it might make things worse.

Be open and honest about what’s going on but don’t just throw out a list of what they did wrong. You should remain factual and respectful throughout the conversation. They might get mad and say mean things out of shock or frustration. Try not to let those get to you. Remember that they didn’t have the time to think about the situation like you did.

Always remember to try to be safe. If there is a chance that things might turn violent, you need to have a neutral third party who can try to ensure that nothing happens. If they do start to get angry, it is best to disengage to give both parties time to relax.

Once you tell your spouse that you want a divorce, it is time to do what you can to protect your own interests during the process. Find out what options you have for each area of the divorce and learn about your rights as you end the marriage .

How uncontested divorce works in Missouri

Sat, 26 Oct 2019 20:01:03 GMT

Are you and your spouse ready to call it quits on your marriage? Do you want to avoid the drama and hassle of going to court? Do you already pretty much agree on how you want to split your assets and debts, handle financial support and — if applicable — split time with your children? If the answer is yes to all of the above, an uncontested divorce may work for you.

There are a lot of benefits to pursuing an uncontested divorce in Missouri. Of course, you still need to be careful and make sure the final settlement serves your best interests.

How does an uncontested divorce work?

All marital dissolution cases start the same; one spouse has to file the divorce petition. The court then serves the petition to the other party. Serving of the petition must happen within a specific time frame — typically 30 days, though the courts may grant an extension if your spouse has moved out of state. After your spouse receives the petition, he or she has so many days to respond. After he or she responds, both parties must:

Sit through the waiting period
Sign and file consent divorce forms
Pay any filing fees
Wait for the court to approve the filing

As long as both parties agree to the terms laid out in the divorce petition, there is usually no issue achieving court approval. If, however, you or your spouse disagree with any of the terms, the courts will not grant an uncontested divorce, and you will need to utilize other dissolution methods — such as mediation or litigation.

Advantages and disadvantages

The most significant advantage of filing an uncontested divorce is that it saves time and money. The biggest disadvantage is that settlement terms may end up lopsided. Complex issues may not be easy to resolve, and you might end up walking away with less than you could.

It’s okay to seek help

Some people assume that an uncontested divorce means a couple does not seek help with the dissolution process. However, each party can and is likely to benefit by doing so. With the right assistance, you can ensure your settlement terms are fair and balanced, your divorce petition can be properly drafted, you can meet timelines, and your marital dissolution can receive court approval as quickly as possible.

Breathalyzer tests aren’t always accurate: Here’s why

Fri, 25 Oct 2019 20:02:37 GMT

You spent the night out at a local bar while enjoying a football game, and you decided that you’d be fine to drive home. After all, you had plenty to eat and didn’t drink more than a few drinks all night.

You left the bar feeling good, but when the red and blue lights started flashing behind you, you knew that there was the potential for trouble. Smelling alcohol, the officer asked you to take a Breathalyzer test , and it came back over the .08% limit.

You don’t think it was accurate, at least not based on what you drank that night. The officer only took one test, too. What should you do?

Know that BAC tests aren’t always accurate

To start with, these tests aren’t always accurate. Your blood alcohol concentration (BAC) changes over time and may be picked up more easily by the Breathalyzer if you burp or regurgitate during the test. If it hasn’t been at least 20 minutes since your last drink, the test may not be accurate at all.

Given correctly, a breath test is accurate. However, there is a risk of human error. Usually, officers are asked to take two breath samples, too. Why? It shows if the machine is calibrated correctly. If the two samples, taken only a few seconds apart, are too far off from one another, then you know that the machine isn’t accurate.

Breath test results help officers establish probable cause, but it’s not necessarily enough for a DUI charge to lead to a conviction. If you’re arrested, remember this when you seek legal advice.

What are some complications of broken ribs?

Fri, 18 Oct 2019 20:04:00 GMT

Many injuries can cause a lot of pain, but one that is particularly bothersome is a broken rib. Fractured ribs can cause great pain with every breath or movement. Sometimes, they can create complications that threaten your life.

Broken ribs are relatively common after a car crash . You might break ribs from the force of the collision and the restraint of the seat belt, for example. In truth, when people say their ribs are broken, those ribs are just cracked. Truly broken ribs are extremely dangerous.

Ribs that have been broken into separate pieces can damage major blood vessels and organs. The lungs may be in danger of being punctured, too.

Complications from broken ribs can include issues such as:

Punctured or torn aorta
Punctured lung
Lacerated kidneys
Lacerated liver
Lacerated spleen

How is a broken rib diagnosed?

Broken ribs are diagnosed with the use of computerized tomography scans (CT scans), X-rays, bone scans and magnetic resonance imaging (MRI) tests. These tests can also be used to find out if other parts of the body have been injured internally as a result of the rib(s) breaking.

Once diagnosed, your medical provider will set up a treatment plan. For cracked ribs, you should see a full recovery within around six weeks. You may need to restrict your activity during that time. For more serious injuries, surgery may be necessary to repair torn blood vessels or damaged organs.

If you are hurt in an accident and suffer from broken ribs, they can take a toll on your life. Your attorney will help you seek compensation so you can focus on recovering.

Positivity is necessary in co-parenting situations

Tue, 15 Oct 2019 20:05:16 GMT

Co-parenting isn’t an easy situation to handle for anyone, but you must do your best to remain positive no matter what’s going on at the time. Not only can this help you, it can also provide a good example for your children. Remember that staying positive doesn’t have to be complex if you utilize tips for your entire life.

One of the most important ways you can ensure that things stay positive between you and your ex is to keep the focus of all conversations on the children. Straying away from that could lead to contentious discussions that go downhill fast.

You can also think about what you are thankful for. Sometimes, listing those things can help you keep your mind off the challenges and harder aspects of the situation. Write down your victories and the goals you accomplish, so you can remember those when you need something positive to think about.

Taking care of yourself is also beneficial. It is hard to remain positive when you feel bad, so make sure that you get enough sleep. You should eat healthy foods and get exercise regularly. Take your child with you when you exercise if they are at your home. This might be an activity you enjoy doing together.

You also need to ensure that your parenting plan is in order. It needs to reflect your child’s needs in a realistic manner. This is what you will turn to when you have questions about what is supposed to happen. As your children mature, you might decide that certain points need to change, which you can handle through a modification.

Understanding Missouri’s ignition interlock device laws

Wed, 09 Oct 2019 20:07:48 GMT

In many cases, Missouri motorists who receive convictions for drunk driving must install what is known as an ignition interlock on their cars, vans or trucks, which are devices that prevent the vehicle from starting up until the driver provides a suitable breath sample. At Kelly, Symonds & Reed, LLC, we recognize that ignition interlock devices can prove quite costly, in addition to being a hindrance, and we have helped many people facing drunk driving charges defend themselves against these allegations.

According to the Missouri Department of Transportation, anyone who receives more than one alcohol-related traffic offense must install an ignition interlock device on their vehicles for at least six months or longer. However, you may need to do so even as a first-time offender if the court determines it is necessary. Additionally, you will need to install the device on your vehicle at your own expense before the court will reinstate your driving privileges or issue you a restricted license.

The cost of installing and keeping the ignition interlock device on your vehicle will vary from one provider to the next. However, you can get at least some sense of what you can expect to pay by contacting a few providers from the list provided on the Missouri Department of Transportation website. Also, know that you will need to install the device on any vehicle you plan to drive during the installation period, regardless of whether the car or truck is your primary vehicle.

You may not, however, share your ignition interlock device with someone else, nor can you have someone else blow into it just to start the vehicle and then get behind the wheel yourself. You can find out more about drunk driving charges and penalties on our webpage.

Kansas City man sentenced in drunk driving crash that killed two

Sun, 06 Oct 2019 20:08:31 GMT

Driving while intoxicated can result in serious penalties, even for people who are facing a first offense. When drunk driving charges involve previous convictions or crashes that cause fatalities, the repercussions can be significantly higher for Missouri residents. It is important to understand the grave consequences of driving drunk before charges occur.

The Kansas City Star reported on a November 2017 accident in Jackson County that culminated in the deaths of a married couple. According to witnesses, a man was driving at excess speeds the wrong way on Interstate 49 when he struck another vehicle head-on. The occupants of the other car were pronounced dead at the scene. The driver, who had one prior DWI conviction and was driving with a suspended license, pleaded guilty to two counts of driving while intoxicated causing death to another, as well as one count of driving while suspended. He recently received a 26-year prison sentence.

While tragic, this incident can serve as a warning to others who have previously been accused of drinking and driving or to those who get behind the wheel after consuming alcohol, assuming nothing bad will happen. Nobody would like to be held responsible for causing the serious injury or death of someone else, and nobody wants to receive a sentence that can impact the rest of their lives. At the same time, it is important to know that those who have been charged with a serious crime have the right to be treated fairly and competently in court.

October safety topic: National Protect Your Hearing Month

Fri, 04 Oct 2019 20:10:48 GMT

Our hearing is important to us, yet few of us consider the possibility of sustaining permanent hearing damage until that damage is already done. It is also easier to cause damage to your hearing than you may think. At the law office of Kelly, Symonds & Reed, LLC, we know that most people in Missouri and elsewhere suffer hearing loss by the time they reach their senior years, but we are also aware that some people, including those who work in construction, are more prone than others to begin losing their hearing earlier in life.

If you work in construction, you may be exposed to loud, constant noise from construction vehicles and machinery every day on the job. Extremely loud noises, such as the sound a jackhammer makes, can start to damage your hearing within hours if your ears are unprotected. Other sounds that are not quite as loud, such as the constant drone of machines and engines in the background, can cause hearing damage over time. As you may be aware, an extremely loud and sudden noise, such as the report from a nearby explosion, can cause immediate and potentially permanent hearing damage.

The issue is so important that the National Institute for Occupational Safety and Health has named October as National Protect Your Hearing Month , states the National Safety Council. You can take the first step to protecting your hearing by educating yourself on the preventive measures and protective equipment necessary for your line of work.

Certain construction accidents can cause serious, lasting health effects . You can learn more by visiting our page on the topic.

How can a prenuptial agreement benefit your situation?

Wed, 02 Oct 2019 20:11:45 GMT

If you are thinking about walking down the aisle, you may be thinking about your future with your spouse, your wedding day and where you will go on your honeymoon. You are probably not giving much thought to what will happen if your marriage ends in divorce. It may seem counterintuitive, but now is the time to do just that.

Thinking about drafting a prenuptial agreement may seem unromantic or as if you are assuming the marriage will fail, but that is not the case. It is a simple way to protect your financial interests and make it easier for both parties in case of an unexpected turn of events in the future. For many Missouri couples, a prenup is a smart move, regardless of income level, age or the likelihood of divorce.

Why you may need one

A prenuptial agreement is not something reserved only for the rich and famous. You may benefit from this type of contract because it outlines how property division will work in case of a divorce in the future. In the terms of your prenup, you can also do the following:

Clarify separate property you owned before the marriage
Outline financial responsibilities of each spouse during marriage
Decide how spousal support would work in case of divorce

These are things that may be difficult to discuss initially, but they can provide significant peace of mind and confidence for both you and your fiancé as you look forward to your marriage.

Why you may not need one

Although these types of contracts can be beneficial in many different situations, there are limits to what they can do and limitations to what you can accomplish through your prenup. Some of the potential drawbacks may include the following:

You may give up your inheritance rights in case your spouse dies
You cannot use a prenup to determine child custody or support
You may not completely eliminate disputes and disagreement in a divorce

It is in your interests to be certain that your agreement is carefully drafted and legally enforceable . This will reduce the chance of complications in the future.

Find out for sure

Every situation is different. You will benefit from discussing your case and your potential legal options with an attorney who can evaluate your individual situation and provide guidance on the most appropriate way forward. If you do want a prenuptial agreement, it is also prudent to have a Missouri attorney assist you through this entire process.

One DUI conviction can change your life

Fri, 27 Sep 2019 20:53:58 GMT

When a resident of Missouri is convicted of a DUI, the consequences can be farther-reaching than they suspect. It is crucial for anyone facing a DUI-related charge to fight against it. Having just one DUI conviction on record can completely change the course of a person’s life.

The Missouri Department of Revenue takes a look at Missouri’s current DUI laws and how they can be strengthened. They are looking into doing this in an effort to cut down on intoxicated driving. Many of these new laws are designed to crack down harder on repeat offenders or people who are charged with DUI at very high blood alcohol content (BAC) levels. However, just about anyone facing a DUI-related charge could also face fines, potential jail time, and the possibility of license suspension or revocation.

State Farm gives more insight into some of the longer-lasting impacts of a DUI conviction . A person’s livelihood could be at risk. For example, if an individual is a delivery driver, a chauffeur, or holds any other job that relates to the operation of motor vehicles, they could lose their position due to license suspension. They might find it difficult to get hired elsewhere in the field even after their commercial driver’s license is reinstated, or it may never be reinstated. Insurance rates can go up drastically and they will typically stay elevated for as long as a DUI conviction remains on a person’s record, which can be many years.

Those who are currently facing the threat of a DUI-related conviction may want to seek an experienced attorney. They can help an individual navigate through defense tactics to protect their future.

Probation violations can disrupt your life

Wed, 25 Sep 2019 21:08:45 GMT

Receiving a sentence of probation after a criminal conviction can be a tremendous relief. With probation, you serve your sentence in your own home and community instead of behind bars. You can sleep in your own bed and be with your family. You may be able to continue working or looking for work.

On the other hand, probation does not mean your troubles are behind you. It is likely that your probation came with certain terms with which you must comply if you hope to remain out of jail. Violating these terms can result in harsh penalties and potentially the loss of your freedom.

What is a violation?

If your probation officer learns that you have violated the terms of your court order, he or she may give you a warning, and you may not receive any further penalties. If you receive a request to appear in court, you have more to be concerned about. Your probation officer may believe the violation warrants further penalties, depending on the circumstances. Some examples of probation violations include the following:

Neglecting to attend your scheduled meetings with your probation officer
Failing any drug or alcohol tests the court orders
Not appearing for any appointments for which the court schedules you
Leaving Missouri without your probation officer’s permission
Failing to pay any court-ordered fines or restitution related to your conviction
Associating with people or in places which the court specifically forbids

You may also find yourself in violation of your probation if police arrest you for any other offense, even a minor traffic infraction. In fact, if you are on probation, you should not be surprised if police are more likely to detain you for even minor offenses.

What happens now?

A probation violation that lands you in front of a judge can have several different consequences. The judge may find you guilty of violating your probation, in which case you may end up back in jail . You may even have additional time to spend behind bars as a consequence of your violation. The judge may have other options, such as sending you to a rehabilitation program, ordering community service, confining you to home or imposing a fine.

You have the right to defend yourself against charges of probation violation. You will want the court to know any extenuating circumstances or other factors that apply to your situation, which may affect the court’s ruling. You also have the right to an attorney to represent you in court.

Is stalking a felony in Missouri?

Mon, 23 Sep 2019 21:09:53 GMT

Many people do not fully understand what stalking entails when it comes to criminal law. They may assume that an overly friendly co-worker is stalking them, or that it can be considered stalking when someone comments too much on their social media accounts. It is important for you and other Missouri residents to understand that real stalking can come with serious criminal penalties.

According to FindLaw, stalking most often occurs among people who are romantically involved, especially after the relationship has ended. However, stalking can also be present when one person develops a crush on another or when someone becomes enamored with a celebrity or other public figure. You should understand that stalking does not involve merely an isolated incident. Rather, this is behavior that is repetitious, deliberate and usually intended to make the target feel intimidated or frightened. Stalking can involve someone following another person home from work, calling or texting the other person repeatedly or taking photographs of the other person without his or her permission.

Typically, stalking is considered a misdemeanor in Missouri. However, it becomes a felony charge when the person accused of stalking was previously convicted of a similar crime within the past five years. As you may know, both misdemeanor and felony charges can include serious penalties, including fines and jail time. You should also know that you are entitled to a competent defense for any charge. This information is meant to educate you, but it should not replace the advice of a lawyer.

Choose a child’s guardian with care

Wed, 18 Sep 2019 21:10:52 GMT

Many Missouri parents may worry about what will happen to their child after they die. Although people think they will always be around for their children, it is important to remember that sometimes life does not go the way people think it will. Because of this, it is a good idea for people to choose a guardian for their child.

There are many factors people should consider before they name a guardian for their son or daughter. WhatToExpect.com says many parents may want to pick married family members. However, it is important to remember that family circumstances may change. If parents want to pick a married couple, they may also want to consider which person will raise their child if this couple gets a divorce. Additionally, some parents may want their child’s guardian to live nearby so their son or daughter does not have to change schools and leave friends behind. Sometimes, though, the best person to raise a child may live in a different city or state.

Before they name a guardian, parents may also want to consider the health and finances of their candidates. It is important to make sure that a guardian has the financial means to raise a child. Additionally, health problems might make it difficult for some people to take care of a kid. It may be best for parents to think about who will be able to take care of their son or daughter for a long time.

It is also important for people to think about the values they want their child to have. According to Forbes, the ideal guardian will have similar moral and religious values. Parents may want to create a list of all the people who share their values and meet their other criteria. Once they have a list of candidates, people should generally consider the family structure of each person so they know if they want their child to live in this environment. Additionally, it is important to make sure a guardian truly loves the child and that the child is comfortable with this person.

Protect workers from backover accidents

Sat, 14 Sep 2019 21:14:04 GMT

Missouri residents who work on construction sites may feel comfortable working around large vehicles. However, if people are not careful around construction vehicles, they may be at risk of a backover accident.

Most construction workers may worry about getting hit by the front of a moving vehicle. According to the Occupational Safety and Health Administration , people may get hit by a vehicle if they walk or stand behind it as the driver backs up. This kind of incident is called a backover accident. There are many reasons these incidents occur. Construction vehicles might run someone over if one of the passengers falls off or if a worker stands in a blind spot. Some drivers may also fail to look behind the vehicle before backing up. Additionally, the noise of the construction site may keep a person from hearing the backup alarm.

Some people may think that only large construction vehicles back over workers. However, trucks of all sizes might cause these accidents. The most recent statistics indicate that most backover incidents involve pick-up trucks, dump trucks and forklifts. Garbage trucks and tractor trailers are also associated with backover accidents.

It is important for people to make sure backover accidents do not happen on their construction sites. Safety and Health magazine says people may want to make sure all of their construction vehicles have rearview cameras. This may help drivers see a worker if he or she suddenly steps behind the vehicle. It is also a good idea to make sure construction workers and vehicles are not in the same area. If a crew knows that vehicles will need to back up frequently, they may want to have a designated walkway. Additionally, people may want to assign a spotter for each vehicle. The drivers and the spotters should generally communicate through hand signals. Sometimes a driver may realize he or she cannot see the spotter. If this happens, the driver should usually stop the vehicle to make sure no one gets hurt.

Missouri truck driver charged in fatal crash

Wed, 11 Sep 2019 21:15:05 GMT

Each time you go on the road, you face dangers from surrounding traffic. At the law office of Kelly, Symonds & Reed, LLC, we know this is especially true when it comes to large trucks on Missouri freeways. While some crashes involving trucks are unavoidable, in other instances, truckers can be criminally negligent and pose great risks for others sharing the road.

A tragic accident involving a truck driver from Missouri illustrates this point. According to Overdrive, a tractor-trailer was speeding through a work zone on an Indiana freeway last July when it crashed into a line of vehicles. The accident killed two children and their mother and hospitalized seven other people. You may think that an incident like this occurs only once in a truck driver’s lifetime. Unfortunately, this driver’s record was far from clean. Records showed that the driver had been disciplined and then fired for driving unsafely numerous times. When he applied for his latest position, he failed to disclose his previous position and the fact that he was terminated for unsafe driving. He also falsely stated that he had not been involved in a collision previously.

The truck driver received three counts of reckless homicide and one count of reckless operation of a vehicle in a highway work zone. Accidents involving large trucks can be terrifying and life-changing in an instant, as you may imagine. Our page on truck accidents explains your rights if you are impacted in an collision involving a large truck , which may include legal action.

What should I know about my space heater before I use it?

Mon, 09 Sep 2019 21:16:12 GMT

Winter is fast approaching, and like many Missouri residents, you may be taking your space heater out of storage or preparing to purchase a new one. Whether you plan to take the chill off these early fall days or use your space heater throughout the winter, you should understand the safety hazards associated with these small appliances.

According to the DIY Network, space heaters cause about one-third of home fires and four-fifths of all fatalities related to heating equipment . In many cases, these mishaps are not due to faulty equipment, but to misuse. It is vital to know how to properly and safely use your space heater. Take note of the following safety tips to avoid fires, burns or electrocution:

Never use an extension cord with your heater, which can overheat and cause a fire.
Keep your heater at least three feet away from curtains, blankets, furniture and other items that can combust.
Never leave a space heater in a room with unsupervised children or pets.
Do not run the electrical cord under a rug.
Turn the space heater off and unplug it when you are finished using it or leave the room.

It is also wise to check online for recalls or reports of injuries involving the model of space heater you purchased, as well as to inspect it for damage and signs of wear and tear before you use it. If a defective appliance resulted in an injury or fire, you may choose to seek legal action. This information, however, should not replace the advice of a lawyer.

How can you stay focused on parenting during a divorce?

Fri, 23 Aug 2019 14:21:15 GMT

Parenting is challenging in its own right, but can quickly become more complicated if you and your spouse are seeking a divorce in Missouri. Now, you are faced with the challenge of raising your children in an environment where you may not have the support of your ex and are dealing with ridicule, manipulation and emotional turmoil.

In this type of situation, it may seem impossible to remain a good parent who is committed to the wellbeing and progression of your children. One critical thing to remember is that you need to continue to make time for yourself. It may be harder to come by without a spouse to share in the parenting responsibilities, but your effort to take care of yourself can help you to be a better parent. Take the initiative to get enough rest, eat well, stay active and nurture relationships with those who will be able to provide you with support and encouragement.

According to HelpGuide , keep your parenting efforts focused on your children. Even though it may be hard at times, avoid focusing too much time on what you dislike about your ex or your anger or sadness about the loss of your marriage. While these emotions are important to acknowledge, you can do so outside of the time you are spending with your children. When difficult decisions need to be made, consider how the impact of the choice you will make will affect the wellbeing of your children. This outlook can help you to keep your parenting focused on your children even in situations where outside influences threaten to distract you from your role as a parent.

The information in this article is intended for educational purposes only and should not be taken as legal advice.

How much trouble are you in if charged with theft crimes?

Thu, 22 Aug 2019 14:22:06 GMT

Taking someone’s property without their permission is theft, and regardless of the value of the item taken, it is against the law. This can result in serious criminal penalties and consequences that can change the course of your life. If you are facing a theft charge, you would be wise to take your situation seriously and start preparing an adequate defense strategy.

The specific type the theft charge you are facing and the severity of the penalties you are up against depend on the item allegedly stolen and other factors specific to your case. By preparing an adequate defense strategy, you can effectively confront these charges and fight for your future. Your long-term interests are worth fighting for, no matter what type of criminal charge you are up against.

Types of theft charges

There are a few different types of theft charges. Understanding the implications of your charges is the first step in preparing the right type of defense strategy for your situation. Theft is the criminal act of taking property that belongs to another person or party without permission. The main categories of this type of crime depend on the dollar value of the item stolen, and they include:

Petty theft – Petty theft is the theft of something with an approximate value of $500 to $1,000. In most cases, petty theft is a misdemeanor offense, and penalties can include fines. There is also the potential for up to six months in jail, but always less than one year.
Grand theft – Grand theft is the theft of item that is worth more than $1,000 but the specific amount depends on Missouri law. This can be either a misdemeanor or felony offense, depending on the details of the individual case. It carries the potential for at least one year in a state prison.
Grand felony theft – This is a theft charged reserved for cases involving the theft of something especially valuable. The specific amount is dependent on state laws. Conviction will likely bring a lengthy period of incarceration, fines and possible court-ordered restitution.

As you can see, even a petty theft charge can leave you with penalties and a blight on your criminal record. It is in your interests to fight back with a thoughtful defense strategy . You can start this process from the time of your arrest by contacting an experienced criminal defense attorney, who can explain all of the defense options available to you.

Is hands-free really risk free?

Wed, 21 Aug 2019 14:23:36 GMT

You likely hear a lot about newer Missouri vehicles coming equipped with hands-free technology. Supposedly such technology allows you to safely talk or text on your cellphone while driving. But is this really true?

The National Safety Council warns that distracted driving has become a huge problem in America over the past several years that has resulted in thousands of injuries and deaths across the country. And cellphone usage while driving is one of its main causes.

Distracted driving hallmarks

You can become distracted while driving in the following three distinct ways:

Manually by taking your hands off the steering wheel
Visually by taking your eyes off the road
Mentally by thinking about something other than your driving

While hands-free technology stops you from succumbing to the first type of distraction when using your cellphone while behind the wheel, it does nothing to stop or even reduce the other two types. In fact, it likely will shock you to learn that any time you talk or text while driving, even hands-free, your brain becomes 33% less able to process all the movement that surrounds you. Worse yet, it becomes 50% less able to see and interpret the stationary objects around you.

Despite myths to the contrary, your brain can do only one thing at a time. Therefore you cannot drive safely at the same time that you talk or text with your friends and family. It is just not possible. Your best strategy consists of keeping your cellphone in your pocket or purse whenever you drive — and the entire time you are driving. It does not take a genius to figure out that putting your cellphone usage on hold while driving is far preferable to having to put your life on hold while recovering from the serious injuries you likely will suffer in a car crash.

This is general educational information and not intended to provide legal advice.

Treating bite injuries for infection

Sat, 10 Aug 2019 14:24:27 GMT

Missouri residents who have been bitten by a dog or cat should take immediate action. Even if the bites themselves do not seem very dangerous, they can actually pose quite a health threat in the form of the infections that may follow.

Pet Poison Helpline states that cat bites can be more dangerous than dog bites in terms of infection. This is due to the fact that a cat bite can puncture quite deeply below the surface of the skin, making it difficult or impossible to clean properly at home. The depth of the puncture wound allows bacteria from the cat’s mouth to enter the bloodstream and can quickly cause infection in less than 24 hours. They also go on to state that over half of all cat bites will become infected.

Dog bites can cause similar issues. FindLaw states that dog bites should be treated immediately by a healthcare professional regardless of how “serious” the injury seems. As with cats, bites that result in puncture wounds can allow bacteria to get beneath the skin and into the bloodstream. Along with the risk of infection, there is also the potential risk of rabies, especially if the dog or cat seems to be a stray or if the owners have not gotten their pets vaccinated.

Regardless of what the bite looks like, seeking medical attention should be a top priority. This can help cut down on the potential severity of any infections, or even completely prevent an infection from taking hold.

What should you know about zero tolerance laws?

Fri, 09 Aug 2019 14:26:57 GMT

In Missouri, there are zero tolerance laws in effect. You may have heard of them in passing, and you may know that they can have a heavy impact on underage drivers. But exactly what purpose do zero tolerance laws truly have, and what impacts could you face if charged with an underage DUI?

FindLaw talks about zero tolerance laws , which are the nationwide laws that govern underage drunk driver are handled. For those who are above the legal age for drinking, a person needs to have a blood alcohol content (BAC) level of over 0.08 percent in order to be charged with a DUI-related crime. If you are below 21 years of age, on the other hand, there is much less leniency.

“Zero tolerance” refers to the fact that underage drinkers who have virtually any amount of alcohol in their system are immediately subject to being charged with a DUI. The percent can range from 0.00 to 0.02 percent BAC, depending on the city or state.

The reason for these strict laws is to attempt cutting down on underage drinking fatalities. Studies by the National Highway Traffic Safety Administration have shown that up to one third of driving-related fatalities in the 15-20 year old age group are instigated by underage drinking and driving. However, this also means that simply having a glass of wine with dinner could be enough to get you arrested if you are underage. For this reason, underage drivers facing DUI-related charges may want to contact an attorney for further information and aid.

How to know if you’re sharing a Missouri road with a drunk driver

Thu, 08 Aug 2019 14:28:04 GMT

How often do you drive? Perhaps you’re part of a daily commute to and from the workplace. Maybe you shuttle loads of kids around to various social, sports and school activities. Chances are, in addition to your parental or employment obligations, you also get behind wheel to run errands, attend meetings or go out with friends.

Every time you navigate a Missouri roadway, you’re at risk for injury by collision. There are definitely issues and situations that greatly and immediately increase your risk. For instance, if you happen to be sharing the road with a drunk driver, your collision-risk level soars through the roof. That’s why it’s so critical to know how to recognize signs of drunk driving and where to seek support if a problem arises.

One person dies every 48 minutes

Drunk driving is a serious problem in the United States. Approximately one person dies as a result of drunk driving collision injuries every hour in Missouri and throughout the country. Consuming alcohol then driving a car can have disastrous effects. Alcohol affects every person’s body differently.

You might be able to drink two drinks without your blood alcohol content level exceeding .08, which is the level that means a driver is legally intoxicated. However, another person might drink two similar drinks and have a problem.

Impaired vision, thinking and physical movements

A drunk driver will typically have to strain to think and see clearly, and he or she may struggle to conduct the necessary tasks to get a vehicle from one point to another. You can often notice a drunk driver because he or she will scrunch toward the edge of the driver’s seat, tightly grip the wheel and lean his or her head toward the windshield.

Lack of muscle coordination and impaired brain function make safe operation of a motor vehicle nearly impossible. This is why drunk drivers often drift out of their lane, clip curbs around bends or randomly apply brakes in a manner that doesn’t match the current traffic patterns.

Crash rates are high

Approximately one third of all collisions in the U.S. involve intoxicated drivers. If you happen to be on the road when there are a lot of male drivers out there, your chances of being involved in a drunk driving accident increase. This is because crash statistics show men are involved in drunk driving collisions more than women.

Support in the aftermath

The sudden impact of a drunk driving collision can cause severe, if not fatal, injuries. Your greatest priority after an accident is always to seek medical attention, no matter how serious or minor you believe your injuries might be. In fact, symptoms of many injuries are not always immediately apparent.

Beyond the physical consequences of a drunk driving accident, you’re likely to suffer other damages as well, such as financial distress or legal problems. This is why many accident victims seek support from experienced personal injury attorneys during recovery.

August is Back to School Month

Sun, 04 Aug 2019 14:28:48 GMT

The summer seems to have gone by too fast for many Missouri residents. While most children may be upset at the thought of returning to school, at the law office of Kelly, Symonds & Reed, LLC, we also understand that the start of the school year is a serious safety issue. You and others may want to consider common traffic problems involving students returning to school.

The National Safety Council has designated August as Back to School Month . You and other drivers might not be accustomed to seeing children walking and riding their bicycles to school or waiting for their buses. The increase in traffic with parents driving their children to school can also create a safety hazard. Therefore, you may want to consider the following tips:

Always be aware of your surroundings, including children being near traffic.
Realize that children do not always follow traffic rules and may dart into the street.
Stop for school buses when the warning lights are flashing or the safety bar is extended, and never drive around a stopped bus.
Observe reduced speed limits in school zones.
Teach your children the different safety tactics of walking near traffic, crossing the street, riding their bikes and waiting for the school bus.

There is much that you can do to prevent a tragedy from occurring after school has started. Unfortunately, you cannot always predict or prevent the actions of others. Our page on motor vehicle accidents explains your options if you or your child are injured by another driver .

Limiting divorce stressors through joint custody

Sun, 28 Jul 2019 14:30:14 GMT

Missouri parents will unfortunately invite stress into their family life if they decide to get a divorce. However, this choice may be for the good of everyone in the long run. What matters is how the aftermath is handled, and what decisions are made during the divorce process.

For example, Science Daily has shown that shared custody is more beneficial to children of divorce. Studies have shown that children of joint custody often experience less stress than their counterparts in single parent households. They seem to have less trouble at school, fewer social and behavioral problems, and fewer difficulties adjusting to life after divorce.

FindLaw also states that joint custody can benefit parents and children alike . It allows parents and children to create stronger bonds with each other, rather than one parent being left out. Parents are able to share responsibility for major decisions in a child’s life, including what religion to raise them with and what medical options to choose.

They also share the responsibility for disciplining the child, allowing them to avoid a situation where one parent becomes the “fun” parent while the other becomes the one that doles out punishment and enforces rules.

There are plenty of other reasons to opt for joint divorce over sole custody. However, each family’s situation is different and joint custody may not work for everyone. It is important to discuss these matters thoroughly with all parties involved, and perhaps get some legal insight through the advice or guidance of an experienced attorney.

How do sole legal and physical custody differ?

Fri, 26 Jul 2019 14:31:01 GMT

As a parent in Missouri who is going through the divorce process, you likely have many questions about custody matters. For example, what is the difference between sole and joint custody? Which is best for you? Today, we will look at sole custody, and the differences between legal and physical custody.

FindLaw first defines sole custody as a situation in which one parent holds the bulk of the responsibility for their child. Though some studies claim joint custody is best for the overall well-being of the child, your situation may not allow for it.

If you opt for sole custody, you must know the distinctions between physical custody and legal custody. With sole physical custody, this means that the child will primarily reside with you. Of course, the other parent may be able to visit in accordance with a visitation schedule. The child may also be able to go to their house to stay during weekends, holidays, and so on. In some cases, if it is not safe to do so, there may be no contact between the child and other parent at all.

Holding sole legal custody, on the other hand, allows you to make all of the decisions regarding important matters in your child’s life. This includes religious choices, medical choices, education, welfare, and the moral and emotional development of your child.

Typically speaking, a parent will hold sole custody both physically and legally. In some situations, you may only hold sole custody for one or the other. You may want to contact an attorney who can help you decide what works best for your family dynamic, and pursue that in court.

Assessing your relationship when considering divorce

Wed, 24 Jul 2019 14:32:09 GMT

Keeping a relationship strong and resolving serious issues is not an easy task. Of course, many couples are able to recognize when a problem has arisen, how to see the other person’s point of view and determine what courses of action could help rectify the situation. Unfortunately, not all issues see such proactive measures.

You may be among the many Missouri residents who have considered divorce at some point throughout your marriage. At first, it may have simply come as a passing thought in the heat of the moment during a fight. More recently, however, it may come across your mind more and more often.

Are signs pointing toward divorce?

Because ending a marriage is such a major event, you undoubtedly want to feel as if you are making the right choice if you decide to take this step. As you work to make that decision, you may want to closely assess your relationship . If you are simply going through a rough patch, filing a divorce petition may not suit your circumstances. However, if any of the following issues are present, your relationship may be more than a little rough:

Your spouse has an addiction and is not seeking help. Though many relationships involving someone with a substance abuse issue can continue to thrive, it is less likely to happen if that person refuses treatment for the problem.
You treat each other with contempt. Contempt often signifies a loss of respect in the relationship, and if there is no respect, there is also likely no healthy relationship.
You think about starting another relationship. While some people often have passing thoughts of attraction toward others, you may need to reassess your marriage if you find yourself seriously considering a relationship with another person.
Your partner refuses to talk about your marital issues. You may want to give your relationship a fighting chance, but if your spouse refuses to talk to you about the problems and work out solutions, he or she may have already given up.

Of course, it is important to remember that these indicators may not necessarily mean you will get a divorce. Additionally, your relationship could have issues not related to those listed here. Because each relationship is unique, it is important that you focus on your specific circumstances.

What can you do?

Even if you have not yet fully decided to file for divorce , it may still work in your best interests to gain information on the process and laws associated with it. Having this information could play a role in your decision and could also give you a head start in the event that you do choose to file for divorce. Speaking with an attorney could allow you to gain reliable information.

How high do burn classifications go?

Sun, 21 Jul 2019 14:33:09 GMT

Burns are classified according to severity. Generally, people know about first, second and third degree burns, with third degree burns as the worst. However, the burn scale actually goes higher. People are not aware of more severe burn levels because they are not common. Still, this does not mean that a workplace accident or another unexpected calamity in Missouri cannot inflict severe burns that go beyond the third degree.

Heathline explains that burn severity can ascend from third degree burns to fourth degree burns. While third degree burns damage deep skin layers, fourth degree burns can penetrate even deeper to tendons, muscles and nerves. These kinds of burns are usually created from open flames, chemicals, or hot irons, stoves or ovens. Someone may also suffer fourth degree burns caused by fire from a burning building.

Beyond fourth degree burns are fifth and sixth degree burns, which can inflict even more damage to the human body. Fifth degree burns are capable of burning off enough skin to expose a person’s bones. Damage sustained from a fifth degree burn can affect bones and also internal organs. Sixth degree burns are the most severe kind of burn, as they can cause a complete loss of skin in the burned area. A sixth degree burn could even result in death.

These high level burns require immediate medical attention. One of the consequences of a fourth degree burn or higher is nerve damage. These sorts of burns may not hurt as much as a lesser burn because nerves in the burned area are often damaged and cannot transmit pain signals. This means a person may not understand the extent of a burn injury. However, burns must be treated as soon as possible to prevent infection, organ inflammation, shock, dehydration, among other complications.

The life-altering effects of these severe burns can be dramatic. Even if a person is fortunate enough to survive a high classified burn, the person could need reconstructive surgery and may suffer physical scarring and disfigurement. A burn that is powerful enough can even result in a limb being amputated. There may be other disabilities that can result from a high level burn.

Because burns can happen in many different ways and in various intensities, do not consider this article as legal advice. It is only intended for educational benefit.

What constitutes animal cruelty, and what are the charges?

Tue, 16 Jul 2019 14:33:51 GMT

In Missouri and other states, deliberately and maliciously neglecting, harming or killing an animal is considered a crime. Unless you are lawfully hunting game, you can face serious consequences if your actions result in the death or injury of an animal. The penalties may include fines and prison time.

The Office of the Missouri Attorney General states that animal abuse is considered a misdemeanor in the state. However, you could face felony charges if you had a previous conviction or pled guilty for animal abuse. Those who deliberately torture or mutilate animals can also face felony charges.

Even if you would never harm an animal on purpose, you could face charges based on false accusations by others. For example, someone may report you for neglecting your dog if they see your dog running around your yard on a cold day – even if you just let your pet outside for a few minutes to go to the bathroom and get some exercise. People may also misconstrue legitimate training techniques as animal abuse and make a false report. In other cases, a neighbor with a grudge against another neighbor could decide to make up a fake claim about animal abuse out of spite.

As you can imagine, you may find it challenging to defend yourself against a charge of animal abuse. However, you have the right to a fair defense, regardless of the circumstances. The content in this blog is meant for educational purposes and should not replace the advice of a lawyer.

What if your child does not want to visit the other parent?

Sun, 14 Jul 2019 14:35:19 GMT

There are many issues that can regularly come up after your divorce, especially if you share custody with your children. It can be difficult for children to split their time between two homes. You and other Missouri residents may wonder how the legal system works if your children say they do not want to visit the other parent.

If your children are facing an extended visit with your ex, such as staying at his or her house for several weeks during the summer, can you simply refuse to send them if they are adamant that they do not want to go? This can be a heartbreaking and difficult situation, but as FindLaw explains, there are serious legal consequences to violating a custody and visitation order . Family law courts state that it is important for children to have a relationship with both parents. Often, children do not want to switch places because they may find spending time with the other parent boring, they may be anxious about new situations or they may be trying to exert their independence by “digging in their heels.”

Other instances, however, may rightfully give you cause for concern. Your ex may have a history of domestic violence or substance abuse, and you may be concerned about your children’s safety while at his or her home. It is important to keep the lines of communication open with your children. If you suspect their well-being is at stake, you may be able to have the visitation order changed by petitioning the family court.

Since this topic can be emotional and complex, you should understand that this post is not meant as legal advice.

Tampering with food products can have serious consequences

Mon, 08 Jul 2019 14:36:00 GMT

People in Missouri and elsewhere expect their food and consumer products to be safe when they buy them. Even so, instances of food poisoning, defective products and other issues have endangered consumers many times over the years. In most instances, these were accidental cases. However, there have been times when people have become ill or injured after someone deliberately tampers with products before they are purchased. It is important to understand that tampering with food is not a harmless prank. In fact, it can result in severe criminal charges .

Many people by now are aware of a recent incident, in which a young woman allegedly licked a tub of ice cream at a Texas Walmart, then replaced the lid and put the tub back in the case. The prank was recorded by her friend, and the video quickly spread across the internet. As OzarksFirst.com reported, law enforcement planned to charge the woman with second-degree felony tampering , claiming she could face up to 20 years in prison. They later discovered she was a minor, and they spoke to her about the severity of her actions instead.

Walmart officials assured the public that the affected tub of Blue Bell ice cream and the rest of the tubs in the freezer were removed and not sold. This shows how such a prank can impact a business financially, as well as affect the public’s health and safety. The article went on to explain that in Missouri, penalties related to food tampering depend on the intent of the person who committed the tampering.

Young people might not realize that what they consider a harmless joke can have serious consequences. Therefore, anyone accused of a crime should seek a competent defense.

What should I know about holidays and DUIs?

Wed, 03 Jul 2019 14:36:58 GMT

With the Fourth of July around the corner, it is a good time to review your risks of getting a DUI if you go out to celebrate the holiday. You and other Missouri residents may also want to know the best ways to avoid drunk driving consequences.

Holidays like Independence Day are especially challenging for law enforcement to address, since there will be heavy crowds and traffic during the celebrations, in addition to people drinking large amounts of alcohol, according to the National Highway Traffic Safety Administration. While there is nothing wrong with including alcohol in your holiday celebrations, it is a good idea to realize that law enforcement is likely to be on the watch for suspected drunk driving activity, and police may also set up sobriety checkpoints around town during the Fourth of July.

You may reduce your chances of being in an accident or receiving charges by taking the following precautions:

Designate a sober driver or take a taxi or Uber home.
Also bring non-alcoholic beverages to the festivities.
Limit your drinking and avoid getting “blackout drunk.”
If you are holding a party at home, do not let anyone drive drunk and consider letting them stay over until they sober up.

The NHTSA reported 237 alcohol-related traffic deaths over the Fourth of July holiday in 2017, which accounted for 39% of all traffic deaths that holiday.

You may avoid fines, jail time and injuries by being aware of the risks and making smart choices regarding your alcohol consumption. If you are facing charges, you are entitled to a fair defense. This information should not substitute for legal advice.

What should construction workers know about heat stroke?

Tue, 02 Jul 2019 14:37:53 GMT

Construction does not slow down during the heat of the day. In fact, summer is the busiest time of the year for construction workers in Missouri and elsewhere, since rain and snow are more likely to impede road and building construction. It is imperative that you understand the risks of heat exhaustion and heat stroke, as well as how to avoid getting sick while working under the hot sun.

With your job, you may worry more about falls, electrocution and other common construction injuries. However, heat-related illnesses are a significant risk during the summer months for those who work outside, especially if they perform heavy labor. Heat exhaustion can develop rapidly and can threaten your health. If you do not take action quickly, it can turn into the life-threatening condition known as heat stroke. According to the U.S. Occupational Safety and Health Administration, the symptoms of heat stroke include the following:

Dizziness or fainting
Seizures
Confusion and irritability
Hot, dry skin (no sweating)

If you develop a headache or begin to feel dizzy, confused or nauseated while working under the sun, these are possible symptoms of heat exhaustion. It is important to get to a cool place immediately and drink water. To avoid heat stroke, you and your co-workers should stay hydrated and have adequate shelter nearby to take breaks from the sun. Heat stroke is a medical emergency requiring immediate attention. If you suspect heat stroke, someone should call 911 right away.

Workers’ compensation law covers on-the-job illnesses like heat stroke, in addition to injuries. This information is not meant to replace the advice of a lawyer.

Nursing home negligence: Who’s at risk and what are the signs?

Mon, 01 Jul 2019 14:39:05 GMT

When your aging parent transitioned from independent living to an assisted care facility, you might have felt both relieved and worried. On one hand, you may have been glad to know that your mother or father would no longer be living alone, especially since you’re unable to stop by every day as you would like to because of your own daily life obligations.

On the other hand, you might have also felt a bit anxious as to whether the Missouri facility you helped your parent choose would provide high-quality care. There’s only so much you can do when researching and visiting various nursing homes to find one that best fits your parent’s needs. Sadly, not all facilities are equal and some are downright dangerous due to care provider negligence or abuse.

Risk factors you’ll want be aware of

Perhaps your parent is still of sound mind but has physical limitations that cause him or her to need daily living assistance. If so, he or she may be less at risk for nursing abuse. If a patient can be proactive and is fully aware of the goings on in his or her immediate surroundings, it is less likely that a worker will be negligent. The following list shows issues that may increase the risk for negligence or abuse:

If your parent shows signs of dementia, chances are he or she may not recognize signs of abuse or negligence.
The worse off your loved one is physically may also be a factor toward risk of abuse or negligence. Those who are fully dependent on others are not always able to defend themselves.
Is your parent a widow or widower? If so, lack of a spouse to advocate on his or her behalf may increase the risk that he or she might fall victim to nursing negligence.

When you visit your loved one, you can help by paying close attention to his or her environment. Is the residence room clean? Do the other patients appear well cared for and reasonably content in their surroundings? If a particular issue raises concern, don’t be afraid to speak up and ask questions.

Signs that negligence or abuse is taking place

Let’s say you visit your parent and he or she has a bruise. When you ask what happened, you’re not satisfied with the explanation. This would definitely be an example of a situation that warrants further investigation as would the additional issues included in this next list:

Bedsores are often a sign that nursing staff has been negligent. If staff members are turning your parent often enough, he or she should not have sores.
Pressure marks on the skin can be a sign that staff members are being too rough or are intentionally inflicting pain on your loved one.
Dirty linens or foul odors suggest a housekeeping problem and, perhaps, care provider negligence as well.
If your loved one’s disposition seems abnormal or he or she appears agitated when certain workers are near, you are wise to request a meeting with administrators to discuss the issue.

Nursing home negligence should never occur. It is said that personnel shortages, worker fatigue and other issues are often causal factors toward substandard care. While such issues may explain the lack of quality care in some instances, they do not excuse it. Missouri nursing home patients who suffer illness or injury due to negligence or abuse may seek justice through the civil court system.

Multi-agency effort leads to Mo. indictment on weapons charges

Thu, 27 Jun 2019 14:41:16 GMT

Possession of firearms or ammunition by a felon is illegal under federal law. A federal grand jury recently indicted a man from southwestern Missouri with a reported history of two prior felony convictions for allegedly possessing ammunition and firearms illegally. The indictment followed a joint effort by local and federal law enforcement agencies.

A search of the Missouri man’s residence following the exercise of a search warrant allegedly revealed numerous firearms, including two Glock 9 mm pistols and one Glock 10 mm pistol. Additionally, authorities reportedly turned up numerous rounds of ammunition, along with an unregistered silencer and devices called selector switches that allow a semi-automatic weapon to fire in an automatic fashion.

It was apparently the selector switches that caused law enforcement to obtain the search warrant. Following the discovery of a package from China containing seven selector switches and addressed to the man’s residence, authorities arranged a controlled delivery of the parcel. The man reportedly admitted to successfully firing one of his Glocks as an automatic weapon following a conversion using one of his selector switches, of which he also allegedly admitted to receiving 10 to 15 past deliveries.

In addition to the weapons and ammunition, authorities allegedly discovered potentially stolen farm equipment, marijuana and a substance with the appearance of methamphetamine, firearm suppressors and a large amount of cash. This is reportedly the man’s second indictment for illegally possessing a firearm. His record includes prior convictions on charges of grand theft, criminal conspiracy, vandalism and burglary.

Agencies involved in the arrest include the U.S. Postal Inspection Service; the Bureau of Alcohol, Tobacco, Firearms and Explosives; as well as the Homeland Security Investigations division of Immigration and Customs Enforcement. People facing charges of firearms offenses or other felonies may wish to contact an attorney.

Why cellphones and selfies do not mix

Thu, 20 Jun 2019 14:42:12 GMT

If you have ever driven while talking or texting on a cellphone, you may know first-hand the hazards that stem from this dangerous behavior. According to the National Highway Traffic Safety Administration, approximately 3,166 people were killed in car accidents involving distracted driving in 2017 and even more were injured. Multiple studies have been conducted evaluating the dangers of distracted driving and the effects of using your cellphone while trying to navigate the roads. In addition to talking or texting on a cellphone while behind the wheel, some drivers have taken distracted driving to a new level. Drivers who take selfies and post them on social media sites endanger their lives and the lives of others.

Multiple news articles show devastating stories of teens who lose their lives while posting selfies and making videos while driving. Facebook, Instagram, Snapchat and Twitter all show more than 70,000 posts under #drivingselfies, #drivingselfie and #drivingtowork. At one point, Snapchat now takes precautions to limit people from taking pics using this filter.

Research from AutoInsurance shows that while 25% of U.S. accidents involved cellphone use, 46% of these cases were caused by texting or using an app while driving. Using a cellphone while driving causes manual, visual and cognitive distraction. This can result in delayed responses to certain hazards, such as bad weather conditions, pedestrians, traffic signals and objects in the road. People who are not concentrating on the road are more likley to be involved in a fatal car accident.

This information is intended to educate and should not be taken as legal advice.

Marital property may include more than some think

Tue, 18 Jun 2019 14:44:38 GMT

When people file for divorce in Missouri, there are a myriad of issues to negotiate, including division of property. In Missouri, and in many other states in the nation, marital property is divided according to what the court believes to be fair and equitable. While some people may think marital property is simply the family home, cars, furniture and bank account contents, there are several other items that are considered marital property and are eligible for division. It is critical that people understand what constitutes marital property so they can be sure to get everything they are entitled to in the divorce settlement.

Everything accumulated during the marriage is considered marital property. There are some things that people may not think of, however. These include the following:

Term life insurance policies, 401k plans, stocks and retirement plans
Intellectual property, such as patents, copyrights and trademarks
Frequent flier mile rewards and other loyalty points
Lottery ticket winnings and income tax returns
Expensive collections, such as art, wine, antiques, coins, cars and horses
Memberships to exclusive golf clubs and country clubs

Any gifts given to one another during the marriage are eligible for division. Also, if one spouse lent money or property to a third-party during the course of the marriage, the other spouse is entitled to half of that money or property once it is repaid. This holds true even if it is repaid after the couple is divorced. Separate property that has been mixed with joint property becomes marital property and is divisble between spouses.

You can avoid drunk driving, but what about other drunk drivers?

Thu, 13 Jun 2019 14:45:33 GMT

As a licensed driver in Missouri, you’re legally responsible for adhering to traffic laws and safety regulations every time you get behind the wheel. The problem is that you can only control your own choices and driving behavior but are somewhat helpless when it comes to the choices and actions of other drivers. Take drunk driving, for instance. There are many ways you can avoid it when you are the one operating a motor vehicle.

However, you may not be able to avoid a collision if you’re unknowingly sharing the roadway with a driver who is acting under the influence of alcohol. The best way to reduce your chances of suffering injury in a drunk driving accident is to make sure you and anyone who drives you somewhere are sober while traveling. If you have reason to suspect that another driver might be intoxicated , it pays to have a plan in mind to try to distance yourself from him or her.

Drunk drivers are often making beer runs

Those who get behind the wheel under alcohol intoxication in Missouri often do so because they have run out of alcohol at home or at a party. Rather than calling it quits on drinking for the night, they decide instead to drive to the store to get more alcohol. As a licensed driver, you can avoid this potentially deadly mistake by purchasing alcohol only when sober.

If you happen to be in a parking lot and notice another driver who seems to be acting drunk, try to steer clear of his or her vehicle, as many collisions take place in or while entering or exiting parking lots. In a situation where it’s safe for you to make a phone call, you might want to notify 911 dispatchers that you are witnessing a driver who appears to be intoxicated. Such a phone call might save lives.

Hired drivers come in handy

If you’re like many other Missouri residents who want to avoid drunk driving, you might have an Uber app downloaded on your phone or regularly make use of similar driving services. It’s always best to err on the side of safety if you plan to imbibe alcohol while traveling away from home. Hired rides need not be expensive if you are sharing the cost with a group of friends or family members.

Driving volunteers are also helpful

A designated driver is someone who agrees to abstain from alcohol while serving as the driver for others who are planning to imbibe. Whether you are acting as a DD or are riding as a passenger, it is an easy way to prevent intoxication at the wheel and also reduces the chances of becoming involved in a drunk driving accident.

Technology of the future

When a person faces a conviction for drunk driving, he or she may have to install an interlock device in his or her vehicle, which disables the vehicle from starting unless the driver passes a breath test. New car options in the future might include vehicle equipment that performs similar functions and makes it possible to start a vehicle only if blood alcohol content level is below the legal driving limit.

If you suffer injury in a drunk driving accident

You might implement numerous options for avoiding a drunk driving collision and still fall victim to injuries caused by another person’s negligent choice to drive under the influence of alcohol. In addition to criminal charges that prosecutors often file against drunk drivers, injured victims may also seek monetary judgement in civil court for the damages they’ve suffered in a collision where another driver’s BAC was above the legal limit.

What happens to home equity when you divorce?

Tue, 04 Jun 2019 14:46:30 GMT

When you divorce your spouse in Missouri, you will undoubtedly need to determine which one of you will keep certain assets, and in most cases, the most valuable asset a couple shares is their home. Therefore, one of the more important matters you will need to work through during your divorce is what you plan to do with your family home, and you will typically have several options available to you in doing so.

Per NerdWallet, most divorcing couples choose one of three different options when figuring out what to do with their shared home when they divorce. The first, and arguably, easiest, scenario involves simply listing the home for sale and then dividing the proceeds between you and your ex when it sells. This gives you both the opportunity to put any money you make on the sale toward a new home or rental property of your own.

A second option involves having one party stay in the once-shared home while the other party vacates it. In most cases, you can accomplish this by refinancing the mortgage and excluding the party who no longer wishes to live there. In some cases, though, this can prove difficult, because the party who wishes to remain in the home may not be able to qualify for a new mortgage on his or her own.

A third option for dividing home equity, meanwhile, involves having both of you keep the home until the market improves for a sale. This can lead to complications, however, as you probably do not wish to live with your ex once your divorce becomes official. In other situations, divorced parties sometimes choose to remain in the home together for a set period because they wish to, for example, give a shared child a stable home life until he or she leaves for college.

This information about your options for dividing home equity amid divorce is educational in nature and not a substitute for legal advice.

Teen driver-involved crashes increase during “100 Deadliest Days”

Fri, 31 May 2019 15:57:07 GMT

While each driving season in Missouri brings with it specific risks, driving in the summertime can be especially dangerous for many state residents. Why? Once school lets out for the season, many of the state’s teenage drivers appear on the roadways, and sharing the road with many drivers in this age group can increase your odds of a car crash. At Kelly, Symonds & Reed, LLC, we know that fatal car wrecks involving teen drivers increase considerably during the summer, and we have helped many people who were victims in such crashes pursue solutions that meet their needs.

Per AAA, younger drivers are more likely than older, more experienced ones to find themselves involved in car wrecks at any time of the year. However, the fact that so many teenagers take to the roads at the same time during the summer months makes it a particularly dangerous time to be on the road. The length of time between Memorial Day and Labor Day can prove so dangerous, in fact, that many have begun referring to it as the “ 100 Deadliest Days .”

Just how much more dangerous is it to be on the road during this span of time, compared to the rest of the year? Research shows that your chance of losing your life in a teen-involved car accident is 14% higher during summer’s 100 Deadliest Days than it is throughout the remainder of the year. In 2016, alone, about 1,050 people died in crashes with teenage drivers during this time, with about 10 people dying on the roads every day in the United States throughout this deadly period.

While inexperience is a frequent factor in car wrecks involving teen drivers, so, too, is speed. Almost 30% of 2016’s teenage driver-involved automotive fatalities that occurred during summer’s 100 Deadliest Days involved speed. You can find more about car crashes on our webpage.

Falls kill about 1,800 U.S. nursing home residents annually

Wed, 29 May 2019 15:58:23 GMT

Placing a loved one in a Missouri nursing home is almost always difficult, but the transition may prove easier if you have confidence in the level of care he or she will receive while a resident there. Unfortunately, though, nursing homes are often hotbeds for accidents, injuries and fatalities, many of which stem from falls. At Kelly, Symonds & Reed, LLC, we know that older adults are more likely to fall in nursing homes than many other residential environments, and we have helped many people who suffered fall-related injuries, or had loved ones do so, pursue appropriate recourse.

Per Industrial Safety & Hygiene News, the typical American nursing home, which has about 100 beds, reports between 100 and 200 resident falls every year, although safety advocates attest that the actual number of nursing home falls is notably higher. However, many such facilities fail to report some falls, and this happens for a number of different reasons. In some cases, staff members may fail to report falls because they fear their jobs are at stake, while in other instances, nursing homes may not want to report falls because of a fear of facing sanctions.

In truth, though, nursing homes are extremely dangerous environments as far as falls go, with about 1,800 nursing home residents dying every year in the United States due to fall-related injuries. Furthermore, up to 75% of nursing home residents fall at least once a year, which is more than twice the rate of older adults who do not live in nursing home environments.

More than a third of today’s nursing home falls involve residents who are unable to walk, and some of these cases occur when residents do not get the mobility assistance they need from nursing home staff members. Other times, falls happen because nursing homes are negligent with regard to facility upkeep or safety standards, among other reasons. You can learn more about personal injury on our webpage.

Summer break custody does not have to be stressful

Mon, 27 May 2019 15:59:31 GMT

Another school year is quickly drawing to an end. Your kids may have already had their field days and class trips, and now they are in the frustrating last days when the weather is warmer and they are stuck in a classroom. If you have custody concerns about the end of the school year, you are not alone.

Following a divorce, parents often have to re-evaluate their parenting plans. The change in summer schedules can mean conflicts with custody , and those planned and spontaneous summer events can complicate the most solid plans. You and your ex-spouse may find that the best thing to do is to confront the summer head-on and be proactive in your plans for the children.

Making it work this summer

You may be newly divorced, and this is your first summer dealing with the interruptions to your normal routine. On the other hand, you may simply want to avoid the conflict and confrontations you and your ex have summer after summer when the kids are off school and you can’t seem to make thing work smoothly.

Planning ahead for the potential glitches in your parenting schedule is always wise. You may not be able to anticipate every scheduling conflict, but if you work together, you and your parenting partner may reduce the stress of the summer break by keeping in mind these suggestions from family counselors:

See summer break from your children’s perspective and remember that arguments between you and the other parent can taint their memories of this season.
Work with your ex to schedule events and vacations, but be prepared to be flexible and accommodating if fun opportunities arise on the spur of the moment.
Appreciate your ex’s efforts to provide fun and interesting events for your children.
Keep in mind that your children’s interests may have changed since last summer.
Include your children in any planning sessions between you and your ex, if appropriate.
Take advantage of extra bonding time, such as keeping the children instead of using daycare whenever you or your ex’s schedules allow.

Your goals are to ensure the kids have a safe and enjoyable summer, and you want to give them a fair balance of time between you and their other parent. You may be able to work out this arrangement together, but you can always reach out to a Missouri family law professional if your parental rights are ever in jeopardy.

A closer look at drug court in Jackson County

Fri, 24 May 2019 16:00:42 GMT

As a Missouri resident who is currently struggling with drug addiction, you may find yourself facing criminal charges due to the actions you took while you were under the influence or in need of a fix. At Kelly, Symonds & Reed, LLC, we understand that, in some cases, the state’s nonviolent criminal offenders may be able to enroll in a drug court program as a means of helping them beat their addictions and make more positive contributions to society.

According to Jackson County COMBAT, Jackson County’s drug court program seeks to help participants achieve sobriety so that they can abstain from future crimes, but it also works to help them find employment and otherwise set themselves up for future personal and professional success. To date, more than 1,200 residents have made their way through the Jackson County drug court, and the vast majority of them have managed to avoid getting any additional convictions for some time after the program’s completion.

In fact, more than 96% of Jackson County’s drug court graduates remain conviction-free five years after completing the program, shining a spotlight on its effectiveness. So, what might you expect, should you be able to gain entry into the program ?

When you enroll in drug court, you agree to undergo drug testing, and you must also agree to appear regularly in front of a judge. You must, too, agree to undergo counseling or substance abuse treatment services, and you may also have to attend anger management classes or other specific types of counseling, depending on the circumstances surrounding your crime and situation. You can learn more about your options when facing drug charges by visiting our webpage.

Am I entitled to my ex’s Social Security retirement benefits?

Wed, 22 May 2019 16:01:40 GMT

Retirement is one of the things many people await with anticipation. After putting in decades of work, your senior years should be spent taking it easy and enjoying your family. However, some Missouri residents may dread the retirement age if they have no retirement benefits to look forward to. This can be especially true if you are divorced and struggling to make ends meet.

If you stayed at home or only worked part-time while you were married, you may have expected your spouse’s retirement benefits to support you in your golden years. However, you face a different scenario after your divorce. The Social Security Administration puts a portion of your paycheck into a retirement fund , as you may know. However, you might not have accrued a sufficient retirement fund if you did not work while married.

You may be eligible to receive half of your ex’s Social Security retirement benefits under the following circumstances:

Your marriage lasted at least 10 years.
You reach the age of 62 before seeking a portion of your ex’s Social Security retirement.
Your own retirement benefits would be less than the amount you would receive from your ex’s account.

It is worth noting that you would not receive a portion of your ex’s benefits if you have remarried, unless your current marriage ends in death or divorce. Provided you meet the above qualifications, you are eligible to continue receiving benefits even if your ex-spouse has remarried. This post is not meant to replace the advice of a lawyer.

Dogs deemed aggressive may have more rights, according to MO bill

Mon, 20 May 2019 16:02:54 GMT

It does not matter whether the dog is a chihuahua or a mastiff – being bitten can be frightening as well as harmful. However, there is more of a focus on larger breeds when it comes to legislation controlling dangerous dogs, since big dogs can cause much more harm when they attack. Even so, many dog owners in Missouri and elsewhere feel that breed-specific legislation is unfair and stigmatizes entire breeds, when not all dogs of those certain breeds are vicious.

According to KOMU News, a bill that was recently introduced – HCS HB 297 – aims to keep Missouri residents safe from dangerous dogs while not penalizing entire breeds. Many communities or landlords ban certain breeds, such as pit bulls or German shepherds, regardless of an individual dog’s history. If passed, the bill would allow cities and counties to uphold leash laws and make other pet-specific safety laws, but not to target entire breeds.

Forbes explains that numerous large dog breeds have been responsible for the most fatal attacks in the United States, including pit bull terriers, rottweilers, German shepherds, mastiffs, boxers and others. This has prompted breed-specific laws in many states, as well as rules that exclude certain breeds from rental homes, neighborhoods with homeowners’ associations and home insurance coverage.

Many people are understandably frightened of dogs. Regardless of whether the bill passes, dog owners should know their responsibilities in training and socializing their pets, as well as preventing them from biting others. A negligent dog owner may be held liable for injuries.

Holding parents liable for a teen driver’s accidents

Mon, 13 May 2019 16:03:37 GMT

It is hard to see teen drivers take to the streets of Lee’s Summit and not remember the excitement you felt when you were first learning to drive. Yet that excitement might also be mitigated by the knowledge that their inexperience can make teen drivers pose a greater risk to themselves and others while they are behind the wheel. The expectation is that their parents will ensure that they are only driving unsupervised once they have shown they can be responsible. In cases where irresponsible teem drivers have caused accidents, many come to us here at Kelly, Symonds & Reed LLC wanting to know if they can hold the parents responsible.

You can assign liability to the parents of a teen driver in an accident, yet only under certain conditions. The legal principle of negligent entrustment does indeed allow one to assign vicarious liability to a third party who provides the person who injured them with the instrument used to do so. In citing the state’s view of negligent entrustment, the Missouri State Supreme Court references this passage from the Restatement (Second) of Torts: “One who supplies directly or through a third person a chattel for the use of another whom the supplier knows or has reason to know to be likely because of his youth, inexperience, or otherwise, to use it in a manner involving unreasonable risk of physical harm to himself and others whom the supplier should expect to share in or be endangered by its use, is subject to liability for physical harm resulting to them.”

One important point to remember when applying this principle to your case is that a teen’s parents must have knowingly supplied them with a vehicle. You can learn more about assigning liability in car accident cases by continuing to explore our site.

Criminal records and job seeking

Sun, 28 Apr 2019 16:10:26 GMT

People in Missouri who want to find a new job after being convicted of a criminal offense may feel discouraged before they even submit one application. This can be due to the fact that they assume once an employer knows they have a criminal past, the company will no longer consider their candidacy. Monster does acknowledge that the use of background checks is extremely prevalent in today’s society with as many as 93% of companies running checks on job candidates according to a 2017 Background Screening Trends and Best Practices Report by Sterling Talent Solutions.

However, despite the widespread reliance on background checks, 66% of people in human resources jobs and eight out of every 10 managers believe that a person with a criminal past has an equal ability to bring value to an organization as does a person without a criminal past. This is per a study conducted by the Charles Koch Institute and the Society for Human Resource Management.

Glassdoor recommends that job seekers conduct their own background checks to know exactly what a potential employer will see. This can help them be prepared for a proactive and honest discussion.

It is also important that any conversation surrounding a criminal conviction be focused primarily on how the candidate has changed their life since the conviction so that the same situation will not be repeated. This gives employers the chance to see how a person has grown and allow the conversation to focus on what the person can offer the company as a potential employee.

Shifts seen in who pays alimony

Sun, 28 Apr 2019 16:09:44 GMT

If you are like most people in Missouri, you likely know at least one divorced man who has been required to make alimony payments to his former wife. For some time, this was a relatively normal component in the average divorce settlement. This was a reflection in part on the fact that women either stayed at home to raise their children and did not have their own incomes at all or that whatever jobs women did have earned them much smaller salaries or wages than those earned by their husbands.

MarketWatch reported that data from Pew Research shows that two out of every five American households today are led by primary breadwinners who are female , not male. This fact is having a direct impact on the outcome of many divorces. The American Academy of Matrimonial Lawyers surveyed attorneys about spousal support and child support payments.

Between 2015 and 2018, a whopping 45% of the attorneys indicated that they saw more women ordered to make spousal support payments than ever before. At the same time as a greater number of wives were assigned responsibility for supporting their ex-husbands, 54% of attorneys reported that they have seen a jump in the number of mothers required to pay child support instead of dads.

If you would like to learn more about how you should approach the decision of whether or not to pursue alimony payments when getting divorced, please feel free to visit the spousal support and marital agreements page of our Missouri family law and divorce website.

If Missouri police knock at your door, must you let them in?

Thu, 25 Apr 2019 16:11:42 GMT

It’s Friday evening and you are glad to be relaxing at home with your family. You have plans for the weekend that include putting some burgers on the grill and inviting a few friends over for some drinks. Imagine that you and your spouse are just sitting around, talking about what side-dishes you’ll serve with those burgers when there’s an unexpected knock at your door.

You don’t make it a habit to open your door when you weren’t expecting a visitor, so you look through the peephole or a nearby window and see two Missouri police officers on your doorstep. In moments like this, it pays to have a clear understanding of your rights. There’s no way to predict what type of events are about to unfold, and if you lack knowledge about what you can or should not do, you might wind up facing some serious legal problems .

The first thing you can do is step outside

Just because the people on the other side of your door appear to be uniformed Missouri police officers, you don’t have to immediately invite them inside. In fact, you may step outside and close your door behind you . Then again, if you don’t want to do that, you can partially open your door or a window and speak through the crack.

You may ask questions

If someone who was not in a police uniform showed up unannounced on your doorstep, you’d likely want to know who they are and what they might want. You can ask police officers the purpose for their visit.

You don’t necessarily have to answer questions

If police start asking you questions, you can explain that you are not comfortable answering any inquiries without the benefit of legal representation. If police ask you where you were a day or so ago, who is in the house with you or if you know a particular person, you may invoke your Fifth Amendment right to stay silent in order to avoid self-incrimination.

What if you don’t want to answer your door at all?

There is no law stating you must respond to a knock at your door. Even if you can see who’s outside, you don’t necessarily have to open the door. If the police officers paying you a visit have a search warrant, it’s an entirely different story. You must allow them to carry out the warrant.

What if a search leads to an arrest?

Once you allow police inside your home, it’s game on. You might wind up in handcuffs before the evening’s over. That relaxing weekend with friends and family you were planning could come to a halt before it ever begins. Depending on the reason for the arrest, it might be an easy situation to resolve, or you might become entangled in months of legal appointments, hearings or a trial. Any person accused of a crime is guaranteed the opportunity to refute the charges against him or her in court.

Managing debt through a divorce

Sun, 21 Apr 2019 16:12:40 GMT

Debt seems to be something that most people in Missouri face in some way. It is all but impossible to buy a car or certainly a house without amassing some serious debt. In addition, credit cards have come to be a commonly used form of payment across the country in today’s society. While all of this is normal, it can pose unique challenges for people when they face an impending divorce.

A lot of attention is given to how a couple will split up their assets when they get divorced but the reality of the situation is that debts must also be addressed. As Money Management International explains, people should not assume that the terms of a divorce settlement will protect them in all situations.

A divorce decree might well stipulate that one spouse is responsible to pay a specific debt that was in both spouse’s names . However, if that person fails to live up to their agreement per the decree, the creditor may seek payment from the other spouse. In addition, if the spouse named responsible for the payments in the divorce agreement is late on any payment or simply does not make a payment, notifications to the credit bureaus will likely impact both spouses’ credit reports.

SoFi recommends that spouses take proactive steps to eliminate all joint debt before completing their divorce. This may require one person to transfer debt into a new account in their name only if there is no way to completely pay the debt in full.

Signs that a Missouri driver might be intoxicated at the wheel

Sat, 20 Apr 2019 16:15:04 GMT

When you’re traveling on a Missouri highway, you may feel nervous or even frightened if there’s a lot of traffic and one or more drivers appear to be disregarding certain laws. For instance, it’s never pleasant to share the road with someone who is tailgating you, or with someone whose speed is exceeding the posted limit. Such situations can be highly stressful.

Sadly, many of the worst collisions in this state and others often involve people who consumed alcohol before getting behind the wheel. Do you know how to recognize a possible drunk driver when you see one? Sometimes, you can recognize a potential problem on the road and react quickly enough to avoid collision. However, there’s no guarantee of that because you might be in a situation where you can’t change lanes or even hit your brakes. If a drunk driver hits you , you might suffer serious injuries.

Evidence that a driver might have been drinking

If another vehicle hits you and you suffer injury, a police officer might ask you what you can remember about the events leading up to the crash. If you noticed any of the behaviors on the following list, it is definitely a good idea to mention it:

Apparent trouble knowing when to use the gas pedal or the brake
Driving at night without headlights on
Taking a turn so tight that the vehicle clips the curb
Turning way too widely, perhaps even causing the car to veer into another lane
Driving with tires on both sides of a solid, yellow line
Not accelerating when a light is green
Not stopping when a light is red
Drifting from left to right within a lane
Going the wrong way on a one-way street
Traveling far under the posted speed limit

No one is perfect, and human beings can make mistakes. You yourself may be able to relate to having a car behind you beep because the light turned green and you didn’t move. There’s a big difference between a minor driving error and operating a motor vehicle when your blood alcohol content level exceeds the legal limit. The latter places all nearby travelers at risk for serious injury.

If someone hits you

You are not responsible for another driver’s decisions or actions while driving. If you’re with a loved one or a friend, and he or she has too much drink, you might be able to talk him or her into letting you drive home or, at least, to hand over the keys so you can call for a ride. There’s no way, though, that you can keep every drunk driver off the road. If a driver hits you and you suffer injury, you might have to take time off work during recovery.

On top of medical bills, losing wages can thrust you straight into a financial crisis, which is why Missouri law allows accident victims to seek financial recovery against drunk drivers.

Reducing the risk of winter accidents and injuries

Fri, 19 Apr 2019 16:17:06 GMT

Most Missouri residents know that snowy winter weather may lead to slips, falls and injuries. For business owners, it may be especially important to find ways to make their properties safer for employees and visitors. There are several steps employers may take to reduce the chances of slips, falls and other accidents happening during the winter.

Snow, sleet and other winter weather phenomena may drastically increase the number of slip-and-fall incidents. According to the Bureau of Labor Statistics , ice, sleet and/or snow contributed to 1,040 occupational injuries and illnesses in Missouri in 2014. The incidence rate (per 10,000 workers) for such injuries in Missouri was 4.8, which was higher than the national average.

The Occupational Safety and Health Administration offers a variety of tips to help employers keep their workplaces safer during the winter. It is important for employers to encourage safe winter driving practices, especially for employees operating company vehicles and equipment. Employers should keep parking lots, walking paths and building entrances free from snow and ice. Allowing employees to telecommute during severe winter weather may also reduce the chance of workplace injuries.

It is especially important to follow proper procedures when clearing snow from a roof. Ice on the roof may be dangerous for maintenance workers; they may risk falling through skylights obscured by snow or getting too close to power lines or electrical equipment. It is often better to find a method of snow removal that does not involve workers climbing on the roof. If an employee must go to the roof, an employer should make sure there is adequate personal protective equipment. The right equipment and precautions may keep business owners and their visitors and employees safer throughout the winter months.

How does Missouri’s zero tolerance law affect minors?

Wed, 17 Apr 2019 16:17:49 GMT

As a Missouri resident, you have likely heard about the state government’s “zero tolerance” policy for drinking and driving. There state’s DWI laws cover several different charges, and there may be severe penalties if you drive while intoxicated or refuse to take a test for blood alcohol concentration. If you are under 21 years old, however, there are additional aspects of the zero tolerance policy that may affect you.

The Missouri State Highway Patrol provides detailed information about the state’s DWI laws. If you are over age 21, you may receive a DWI charge if you have a BAC level of 0.08%, even without any other evidence of impairment. You may lose your license for a year if you have multiple DWI convictions over a certain period of time.

The threshold for DWI offenses is lower if you are a minor. If you are under 21 years old, you may lose your license for 30 days if you drive with a BAC of 0.02% or higher. In addition to losing your license, you may need to complete a Substance Abuse Traffic Offender Program. In most cases, you may need to cover the cost of the program yourself. You may also incur other fees, including a reinstatement fee to get your license back.

As a minor, you may lose your license for longer if you get convicted of other DWI-related offenses. For example, driving with an open container of alcohol or a controlled substance may result in a 90-day license suspension. Repeated offenses may cause you to lose your license for one year.

This overview of Missouri’s zero tolerance DWI policy is intended for educational purposes and should not be interpreted as legal advice.

Do I have to divide a personal injury award in divorce?

Fri, 12 Apr 2019 16:18:41 GMT

You would probably not have to divide all of your personal injury settlement or award if you got divorced. Missouri law differentiates between marital and nonmarital elements of payments you received for injuries.

This is a particularly complex area of the law, and there are many ways that a divorce might affect your personal injury assets. The process depends on several factors. Please read more about the details below, but please remember that this area of the law often requires personal analysis.

The first major factor is whether you decided to negotiate the relevant property division terms of your divorce. If you were able to reach a mutually favorable arrangement with your spouse, you could conceivably divide your property in any way you choose. The court would then simply review your final arrangement and decide on its legality.

If you were pursuing a litigated divorce, the court might divide the marital portion of your injury settlement. FindLaw indicates in a general article on the subject that your personal injury money would be yours after divorce, but the judge would probably make a more complex decision based on relevant precedents set in Missouri case law.

This may include any debts you incurred and awards intended to repay those debts. Another possible exclusion might be the non-economic damages for pain and suffering. Finally, the court could also exclude some or all of the settlement or award you received to compensate you for loss of earning potential or lost time at work.

In negotiations, it would probably be your priority to ensure that you got a similar or better deal than you would under litigation. At a trial, you would probably want to explain to the court how each asset you intend to retain is yours and yours alone.

Every divorce is complex, but those involving injuries are often even more so. This is not advice pursuant to any material situation. It is only intended as background information.

What are some special restrictions for sex offenders?

Tue, 02 Apr 2019 16:20:09 GMT

Based on some high-profile court cases involving sexual offenses, the law on the federal and state levels has changed when it comes to the punishment of sexual offenders. You may have heard of laws such as Megan’s Law or The Adam Walsh Child Protection and Safety Act. These laws have helped to shape the registration requirements for such offenders. The state of Missouri has also made special registration requirements for sexual offenders.

According to the Missouri State Highway Patrol, special considerations for sexual offenders may apply only to certain offenders. For example, there are a few restrictions on where a sexual offender may live depending on his or her crime. For example, it is illegal for some offenders to hang out or be within 500 feet of a school when children are present. However, if you have permission from the principal, superintendent or school board, then this may not apply. It is also illegal for some offenders to live within 1,000 feet of a school or childcare facility.

Some offenders may not be allowed to communicate with anyone under the age of 18. It is also common to have the restriction to not be able to act as a coach or trainer for children’s athletic teams.

Finally, there are special requirements for sex offenders on Halloween. You cannot leave your outside light on during the evening of trick or treat in your neighborhood. You also must put up a sign saying you are not offering candy or treats. You must stay inside between the hours of 5:00 p.m. and 10:30 p.m., and you must avoid all contact with the children who are trick or treating. This information is for education and is not legal advice.

What happens if you owe child support and are in prison?

Tue, 02 Apr 2019 16:19:28 GMT

Child support is not a punishment. It is a way for the state to guarantee that both parents support and care for a child. However, to some in Missouri, it may seem like a punishment. Specifically, if you are in prison, having a child support obligation can become a nightmare.

According to CNN, you owe child support and must honor the order even if you are in prison or do not have a job. While in prison, you may earn a very small amount of money. This income is typically not enough to cover child support payments, so you will likely fall behind on what you owe.

When you fall behind on your support payments, you may have additional charges to your account, including fees, penalties and interest. This can increase the amount you owe in arrears substantially. Having this huge debt adding up while you are locked up could lead to you returning to jail as soon as you get released. It may also cost you your driver’s license, ruin your credit and lead to property seizure.

Even if you get out and get a job, it may not help a lot. You could end up handing over most of your income to child support because the debt is so high.

You may be able to get counseling or other services from the prison system that can help lower your support obligation. However, you may need additional help after you get released to ensure you can get your child support situation back under control. This information is for education and is not legal advice.

Post-divorce mental health: How to manage parenting stress

Wed, 27 Mar 2019 16:23:50 GMT

When you decided to divorce, you knew it would greatly affect your children’s lives. You also logically assumed your own life would change quite a bit. One of the biggest changes that divorce often prompts has to do with parenting. You’re now going to be a single parent; however, you will still have to interact with your co-parent, which can make life stressful at times.

While you’re doing your best to provide encouragement and support for your kids as you all adapt to a new lifestyle, don’t neglect your own mental health and emotional needs. Especially if you’re a custodial parent, you may encounter numerous challenges that cause friction in your parent/child relationships.

Every family, even those with marriages still intact, go through stress. As a divorced parent, you may struggle with certain issues that are not typical in a two-parent household.

Divorce is emotional

It typically isn’t easy to end a marriage, especially if it lasted 10 years or more. The following list provides practical tips to help you address the emotional aspect of divorce :

There is no right or wrong way to feel, and that goes for adults as well as children.
Allowing yourself to feel whatever you feel on a given day is a healthy way to cope. You might experience a wide range of emotions, including sadness, anger, frustration, worry, loneliness or fear.
You might also feel glad and hopeful, and that is okay, too.
Letting your children know they can share their emotions with you, no matter what those feelings happen to be, is a step in the right direction for coming to terms with the situation.

On the contrary, if you never talk about feelings or your kids think you’ll get upset if they tell you how they really feel, emotions can bottle up inside, which can lead to physical stress and adverse health conditions. Taking one day at a time and one emotion at a time is a proactive, productive way to cope.

Interacting with your ex in an amicable fashion

If you and your co-parent don’t get along well, it can be quite challenging to develop a working relationship that keeps your children’s best interests in mind. The tips included in the next list can help keep co-parent stress to a minimum:

If you tend to argue when you see each other in person, try to communicate through other means instead. You can agree to text or email if conversations typically erupt into conflicts.
Try not to take the bait if you have an ex who tries to get you to argue all the time. Explain that you are ending the conversation or text messages until he or she is able to peacefully discuss whatever the topic happens to be.
While you must adhere to court orders and discuss issues pertinent to your children, you by no means have to defend yourself or listen to degrading comments about your personality or parenting style.

There is a difference between personal vendetta and actual legal issues. If it’s the latter, you must deal with it. The former, you can disregard. If you feel ill-equipped to handle a particular legal matter, you can seek experienced guidance and support.

The evolution of autonomous vehicles and consumer trust

Sun, 24 Mar 2019 16:24:33 GMT

People who live in Missouri and who are concerned about safety on the roads have good reason to be so concerned. According to the National Highway Traffic Safety Administration, more than 37,400 people were killed in motor vehicle accidents across the United States in 2016 alone. That is a staggering number and one that should be taken seriously.

People who are pushing for the introduction of automated vehicles assert that these deaths can be reduced or even eliminated with this new technology. However, many consumers in America are not yet sure about this or ready to trust these vehicles, especially after two fatal accidents involving them took place just last year.

In fact, Gizmodo reports that these two fatal accidents might just have sent the then-growing trust in fully autonomous cars downward. In the first part of 2017, 78 percent of people said they would be too scared to ride in an autonomous car. That dropped by a whopping 15 percentage points to 63 percent by the end of that year. Now, in the early part of 2019, the percent of people saying they are too afraid to be a passenger in a fully self-driving car is back u to 71 percent.

The reality of the matter is that autonomous features have been being introduced in vehicles for a while now. Things like blind spot detection and lane departure warnings have been used for some time. More recently, there are features like adaptive cruise control or lane-keep assist. These are just examples of the different levels of autonomous operation in a vehicle.

How dangerous is it to work in road construction?

Wed, 20 Mar 2019 16:26:24 GMT

As the weather begins to take a turn towards warmer temperatures in Missouri, you are sure to see road crews starting to get hard at work to fix road problems that developed over the winter. These workers do a tough job. They are out in the elements every day working to make roads safer for you. In addition, they are also in danger every day they go to work because they work alongside traffic that is flowing along at high speeds. This sets the stage for accidents, which can seriously injure or kill a road construction worker.

Safety and Health Magazine reports that from 2001 to 2016 there were 532 road construction workers killed on the job. Half of these were due to accidents with vehicles or equipment. This means that drivers were not paying attention or were careless and took the lives of about 266 people.

This number was an increase of 43 percent from 2013 to 2016. The numbers were the highest in June and October. The most horrific aspect is most of these deaths were completely preventable.

To make road construction workers safer, employers and state transportation agencies need to work to create secure areas. They need to increase the visibility of workers and construction zones by adding more signs and barriers. They also should create warning systems to ensure drivers know a work zone is ahead. Enforcing speed limits is also essential in these work zones. Finally, if all else fails, roads should be closed when work is done. This information is for education and is not legal advice.

What are issues unmarried same sex couples face with custody?

Wed, 20 Mar 2019 16:25:17 GMT

As the state of Missouri moves to comply with the law about same-sex marriages, there are still challenges for same-sex couples in areas of family law. One such issue involves child custody. When a same-sex couple gets divorced or splits up, it can create problems when it comes to the legal side of the custody of the children involved in the relationship.

According to the American Bar Association, this is not a challenge for same-sex couples because biology comes into play as far as parental rights . A paternity test is taken to determine who the legal father is and the mother is whoever gave birth to the child. It is also not an issue for any couple who adopted a child together because the adoption sets the legal status of parenthood.

However, it becomes complex when it is a lesbian couple and one of the women gave birth to the child. Legally, only the woman who gave birth is the legal parent. The other person would have to adopt that child to gain parental rights.

Same-sex couples face some hurdles. Adoption is generally the solution, but in a contested custody case, this may be complicated. It also results in hard decisions for the courts, which are bound by the law when making custody decisions.

The law needs time to adjust and catch up with the changing dynamics of families. In the meantime, the courts and same-sex couples are left to find solutions that are fair to everyone, especially the children involved. This information is for education. It is not legal advice.

Which type of collision is the most dangerous?

Fri, 15 Mar 2019 16:27:35 GMT

As you probably know, motor vehicle accidents cause serious injuries every day. You would be more likely to get injured on the Missouri roadways than almost anywhere else in the state. Every problem requiring medical attention is serious, but the extent and type of your injury would usually depend on the nature of the collision involved.

The three major types of collisions are rear end, T-bone and head on. Your likelihood for sustaining certain injuries goes up or down depending on the kind of event. Of course, other factors could also contribute to your risks, such as safety precautions in your vehicle, your personal characteristics and the speed of both cars.

Rear-end collisions are relatively common, and you would generally not be at fault for these types of incidents. According to the National Center for Biotechnology Information, there is a high likelihood you chould sustain neck and spine injuries in these scenarios.

T-bone collisions occur when a car strikes your vehicle from the side. These would often be the responsibility of reckless or distracted drivers who run red lights or ignore signals. You could have serious injuries from high-speed lateral-impact collisions, including lacerations, bruising, organ damage and bone fractures.

Head-on collisions could be the most dangerous. This is because your car and the vehicle with which you collide would both probably contribute some force. The most likely injury in these cases would be traumatic brain injury from striking a steering wheel or a dashboard.

There is much more then the details of the collisions that would go into determining the arguments for your injury case. Therefore, do not view this as legal advice. It is only meant as general information.

Alternative to a prenuptial agreement

Wed, 06 Mar 2019 17:30:00 GMT

As an engaged couple in Missouri, you may not think that you need a prenuptial agreement, whether it is because you cannot imagine getting divorced or neither of you have significant assets. However, after saying ‘I do,’ you may realize you made a mistake by not protecting yourself. If this is the case, do not fret because you can do a postnuptial agreement, which includes similar information as a prenup.

According to Forbes, couples may enter into a postnuptial agreement shortly after the marriage or years after tying the knot. One of the benefits of doing it a little later is you both have a better idea of what your financial issues may be, so the agreement can be more specific. Even if you never get a divorce, a postnup can help you have difficult discussions around money and assets and put you both on a similar path.

Are you wondering what to put in a postnuptial agreement? Most of them include similar information as to what goes into a prenup. Money.com discusses material you should place into a pre- or postnup . The most common is how to divide wealth, assets and debt in the event of divorce, but an agreement can outline many other things as well. For example, you may include lifestyle clauses such as who gets the family pet, what happens if one of you has an affair or rules around social media posts. You can also update a postnuptial agreement as life changes and new factors call for new considerations.

Should you adopt independently?

Wed, 06 Mar 2019 17:29:17 GMT

If you are thinking about adopting a baby in Missouri, you have a number of options. You can go through an adoption agency, but there is often a long waiting list for infants. Another option is independent adoption, in which you work directly with the birth mom. While this can be a good way to go, it is important to know the benefits and risks before deciding to go that route.

BabyCenter reports that while an independent adoption can go faster than going through an agency, an average one still takes up to 18 months, and some can take years. One of the big benefits of this type of adoption is that the adoptive parents get to know the birth mother and can develop a close relationship. However, independent adoption does come with risks. One of the major ones is there is always the chance the birth mom changes her mind before the adoption is complete. In fact, around 50% of moms back out somewhere along the pregnancy and another 20% back out after the baby is born. Keep in mind that some states allow the mother to change her mind for a certain number of days even after everyone signs the final paperwork.

Another disadvantage of independent adoption is cost, and if the mom changes her mind, even at the very end, you do not get any of the money back. FindLaw outlines many of the costs involved . These include:

Attorney and legal paperwork
Advertising for potential birth mother
Prenatal, medical and labor care
Counseling costs
Medical expenses
Mother’s living expenses during pregnancy

Each state has different laws as to what expenses the adoptive parents can pay for, so it is imperative to discuss these with an attorney ahead of time. If a court sees expenses as if you are buying a baby, the adoption is in jeopardy.

How much alimony am I on the hook for?

Thu, 28 Feb 2019 19:02:31 GMT

While marriage is generally about new beginnings, divorce is more closely associated with endings. While a divorce certainly ends a marriage, some couples might still associate with one another for several reasons. Things like child custody and support keep some Missouri ex-spouses tied together for several years after, but what about alimony?

Alimony is an important part of family law with which not everyone is pleased. You might even be considering delaying your divorce because you are worried about paying spousal support. Whether you are worried about the costs or the idea of making monthly payments to an ex-spouse, try to keep some of the following in mind.

Factors that affect alimony

How long were you and your ex married? If it was only for a year or two, then you might not have to pay much or anything at all. In general, the longer you were married , the more you might end up paying. For this reason, putting off filing for divorce might not be the best idea.

The court will also consider if your ex works. If they do, then the court will look at the difference between your incomes. If they do not, you could have to pay rehabilitative alimony, which often involves paying for things like job retraining. This is usually temporary and is meant to help your ex re-enter the workforce, which will make him or her less reliant on you for those monthly alimony checks.

Can I change my payments?

You should not have to take on the burden of an alimony order that is too high. However, you cannot try to get out of those payments by quitting your job and temporarily living with someone else. Courts generally do not smile kindly upon these types of actions.

If you cannot afford the amount that the court ordered, you should seek a modification as soon as you possibly can. Courts will usually acknowledge that a change is necessary if your income decreased or you lost your job, but other extenuating circumstances can also apply.

Are monthly payments my only option?

Monthly payments are perhaps the most common method for alimony, but you have other choices. If this setup does not work, you can offer to buy out your ex’s share of the family home or other major asset. A redistribution of marital assets can sometimes be a better alternative, too.

Ideally, you want to approach alimony negotiations from a place of strength ready to compromise where necessary. However, things can quickly go wrong if your ex is not on the same page. Working alongside an experienced Missouri attorney can be a good idea in these situations, as it is almost always helpful to have a knowledgeable advocate on your side.

Injuries that may result from plastic surgery

Thu, 28 Feb 2019 17:36:26 GMT

What sets plastic surgery apart from other forms of surgery done in Missouri is that plastic surgery is often viewed as an elective and unnecessary procedure. However, the fact remains that plastic surgery, no matter the motivation behind it, should be conducted with the appropriate care or serious personal injury may result. According to Heathline, there are a number of health problems that can result from plastic surgery, and it is important to be aware of them.

It is not uncommon for surgeries to result in a level of scarring, a fact many people accept when they go into surgery. However, plastic surgery is intended to improve one’s appearance, so the presence of scars can be distressing if the patient is not informed beforehand of the risks. For instance, a small number of breast augmentation surgeries leave an unusually thick, red scar known as a hypertrophic scar.

Some people use plastic surgery for liposuction, hoping that it can reduce body weight. However, liposuction does carry risks for a person’s internal organs. When a surgical instrument contacts an internal organ, the device may cause visceral puncturing or perforation. If an organ suffers injury, the patient may need another surgery to repair the damage. There is even the chance that perforating an organ could result in the death of the patient.

Seromas, which resemble big blisters on the skin, can also be an issue. Sermoas happen when blood serum gathers underneath your skin, the result of damage to blood vessels. While just about any operation can produce a seroma, a tummy tuck is much more likely to create them. Aside from the pain they produce, seromas can invite infections, which is why doctors have to drain them with a needle before worse health problems result.

Very Well Health also warns that plastic surgery, if not done carefully, may result in damage to a person’s nerves. The consequences of nerve damage vary in severity. Some people may experience numbness or a tingling. More severely, a patient may become weak in certain limbs or have paralysis in muscles. Generally, most nerve damage heals within a period of time, but if the nerve is severed during surgery, the damage will be permanent without an additional corrective surgery.

Per se laws complicate your DUI arrest

Wed, 20 Feb 2019 19:04:22 GMT

Having a couple of drinks with friends may be something you look forward to every Friday or Saturday night. In fact, if you are a social drinker, you may have a pretty good idea of your limits for alcohol consumption, when to cut yourself off and when you have had too much to drive home safely. If you base these things on how you feel, you may not have an accurate idea of your risks.

In Missouri and most other states, police can arrest you for driving under the influence of alcohol solely based on your blood alcohol concentration. In other words, you may feel fine and demonstrate no impairment to your driving, but you BAC may say otherwise.

Challenging your BAC

If your BAC is .08 or higher, you may be subject to Missouri’s per se laws. This means that police do not need additional evidence of your intoxication or impairment. You may pass all the roadside sobriety tests and speak without slurring your words, but if your BAC is .08, police can still arrest you for driving while impaired.

Per se laws may make it easier for prosecutors to make a case against you in court, but this does not mean you have no reason to fight the charges. In many cases across the country, investigators have found that the devices used to test a driver’s BAC are not always reliable. Police departments do not regularly calibrate or maintain the tests, and some officers who collect the samples are not well trained in using the devices. It is always wise to seek legal advice about challenging DUI charges.

Underage Per Se laws

If you are under the legal drinking age of 21, your BAC limit may be much lower than .08. In some states, zero tolerance laws mean that even a trace amount of alcohol in your system can lead to DUI charges. Others, like Missouri and some neighboring states, consider .02 the legal limit for underage drivers, which means driving after drinking one beer can result in a DUI arrest.

An arrest for DUI is just the beginning of your troubles. You will likely lose your license and have to deal with a long legal process. A conviction for DUI can mean thousands in fines and other expenses, the potential for jail time, and other penalties that can put your future at risk. Seeking the representation of an experienced attorney as soon as possible can improve your chances of avoiding some of these consequences.

Field sobriety test inaccuracy rates

Sun, 17 Feb 2019 19:06:42 GMT

Like most people in Missouri, you have probably heard people talk about the field sobriety tests that may be used when a driver is suspected of being impaired. However, you may not fully understand what these tests are or how inaccurate they may really be. This can be important to anyone who has been charged with driving while intoxicated as they need to learn their defense options.

As explained by FieldSobrietyTests.org, the National Highway Traffic Safety Administration has standardized and authorized three different tests for use by law enforcement officers. Each of these tests has a known inaccuracy rate. The least accurate of all three tests requires a person to balance on one leg while counting aloud at an officer’s direction. The mere use of the arms to assist with balance may contribute to a failure of this test. The accuracy rate of this test is 65 percent.

The walk-and-turn test requires a person to walk in a specific manner and take a certain number of steps without deviating from the designated path. This test has an accuracy rate of 68 percent. The final test evaluates a normal and involuntary jerking motion in the eye. This is the most accurate of all three tests with a rating of 77 percent.

If you would like to learn more about the types of tests administered during a drunk driving investigation and how the results of these tests may be used against you, please feel free to visit the field sobriety test page of our Missouri drunk driving defense website.

Reckless drivers continue to plague Missouri

Sun, 17 Feb 2019 19:05:50 GMT

If you are like most people in Missouri, you are more than aware that driving after consuming alcohol is dangerous. The state of Utah has even lowered its legal blood alcohol limit for drivers to 0.05 percent based in part on the recommendation of the National Highway Traffic Safety Administration. Another dangerous choice too many drivers make is to exceed the speed limit. These two factors tragically contribute to numerous deaths every year.

NHTSA statistics show that every year between 2014 and 2017, the number of fatalities associated with accidents involving speeding or drunk driving increased . In 2014, speed was a stated factor in 267 deaths in Missouri and then 309 the following year. In 2016, 328 people were killed in crashes involving a speeding driver. That number jumped again in 2017 to 346. Drinking and driving killed 205 people in Missouri in 2014 and 221 in 2015. Alcohol-related fatalities numbered 247 in 2016 and then 254 in 2017.

This statewide trend is seen in Jackson County as well. In 2014, 21 people died in crashes involving excessive speed. In 2017, 49 fatalities were associated with speeding. Alcohol claimed 19 lives in the county in 2014. In 2017, drunk driving was attributed to 39 vehicular fatalities in Jackson County. Despite strong public awareness and education campaigns, it seems that some people simply refuse to consider the lives of others.

If you would like to learn more about how you can get help for yourself or a family member after an accident caused by a speeding or drunk driver, please feel free to visit the post-crash assistance page of our Missouri personal injury and motor vehicle accident website.

How to avoid messy child custody battles

Fri, 15 Feb 2019 19:07:31 GMT

If you are separating from your partner in Missouri, you might believe that a messy custody battle is inevitable. However, deciding custodial rights and privileges need not be a battle or messy. For the best interest of the children, it should be a partnership. At Kelly, Symonds & Reed, LLC., we understand that this can only happen if both parents come to this agreement, together.

According to CNN, 80 percent of custodial parents are mothers. This may be because women are often considered to be the better caregivers. This bias may often unconsciously creep into custodial court decisions, causing men to feel slighted. Even so, whether you are the mother or father, here are just a few ways to keep the separation peaceful as you work through custodial rights.

Be calm

You may have plenty of reasons to be angry, but you have one to remain calm that trumps all others. That reason is the safety and well-being of your child. If you approach the situation with emotions on the loose, you may only make your partner more defensive. This could mean losing concessions he or she may have otherwise agreed to, while painting a picture in court of a parent who is not able to keep emotions in check.

Step up

If you believe you are the less likely of the parents to receive custodial rights, show your willingness to cooperate from the earliest stages. Many couples avoid the need to ever step into a courtroom because the father (or mother) who did not have full custodial rights volunteered financial contributions and willingness to share responsibilities from the start.

Talk to the children

Children are smarter than people give them credit for. While it may be ill-advised to place all the hard decisions in their hands, involving them in a process put in place for their well-being helps to ensure their needs are met. The older the children are, the more important this is. For instance, if the children want to see the noncustodial parent more often and there is no threat of abuse or danger, then it is a good idea to honor this desire where possible.

For both married and unmarried couples, working out child custody arrangements can be tough. If you would like to know more about parents’ rights during a custody battle, please take a look at our webpage. Visit our webpage for more information about child custody.

Getting the divorce support you need

Sun, 10 Feb 2019 19:08:33 GMT

What happens when you suddenly have to do a detailed self-audit after several years of having someone else help you with your bills, investments or even your retirement accounts? That is the question that we see many divorce litigants asking.

At the law firm of Kelly, Symonds & Reed, LLC, we understand that some of the terms associated with law and money make the process of going through Missouri divorce courts difficult. That is why we try to make it as simple as possible to understand the financial side of the process.

We realize that divorce is a hard emotional time for many, especially when it comes to establishing trust. After all, you would be likely to find yourself as an adversary to a person who had once supported you.

That is why we take a compassionate approach to these cases, listening to and consulting with each of our clients to understand their exact goals. After this, we would then proceed to advise on the various detailed aspects of splitting up property:

Tax penalties
Debt acquisition
Equitable division

We briefly covered, in a previous article, how to set up a complete overview of marital assets. This is when our extended network comes in.

We work with a variety of professionals who would provide evaluations of various unique properties, such as works of art and parcels of real estate. With all of this information at hand, we would then craft the most compelling argument possible to secure your goals. Please read more on our main site.

How do you divide a home in a divorce?

Fri, 08 Feb 2019 19:11:16 GMT

You probably do not go through life simply thinking about money all the time. In fact, even if you were a financial professional, you may not have a complete handle on your own financial state all the time. Like many people in Missouri, you probably focus on making money rather than counting it.

You don’t always have to know exactly how much you own or owe, but this knowledge could be crucial during civil court matters. Divorce, in particular, would typically require you to take a detailed account of your assets. Here are a few of the most important items you would want to consider.

The first step would probably be to establish your total net worth. Basically, you would begin by adding all of your assets, such as stocks, bonds, real estate, vehicles and retirement accounts. Next, you would subtract any debts. These debts might include your credit card bills, student loans and home loans. During a divorce, you would probably want to do this for everything both you and your spouse both contributed to, thereby establishing your total community property.

For example, real estate is typically a married couple’s largest common asset. As explained on AOL Finance, there could be many ways to split a house in a divorce . However, since your home is a unique asset, its valuation would probably somewhat complex in the first place. You would likely want to work with an appraiser to establish a dollar amount. By the same token, you might also have an accountant look at your equity and loans.

If you were not the partner who did most of the financial work in your marriage, you might be surprised at what you find. It could help to work with accounting and appraisal professionals familiar with divorce — they would usually be able to give you the appropriate context for the information you received. Please do not regard this as legal advice; it is only generalized information.

Can you sue if you are injured at a concert?

Fri, 01 Feb 2019 19:12:08 GMT

Most concerts in Missouri are relatively peaceful. That is to say that violence rarely erupts on a large scale. One of the reasons for this level of safety and order is that venue owners and entertainment providers go to great lengths in order to secure their facilities.

While some facilitators perform this work because they have a genuine desire to prevent injury, some also may do it simply to avoid a lawsuit. Generally speaking, anyone who is in charge of the event or of the building holding the event could be liable for injuries you sustained while enjoying the show.

The landlord of a building or the organizer of an event may not be directly responsible for you. However, these individuals or companies could be responsible for any lapses in security or crowd control that led to your involvement in a dangerous situation. Especially when it comes to chaotic events, such as concerts, bar shows and festivals, you could benefit from recording details of any injuries you might sustain, as well as the context of those injuries.

An article in FindLaw mentions two injury cases that might surprise you. These examples, one of a woman injured in a crowd-surfing incident and another of a man injured in a fight, may not be too far from some of the out-of-control situations you yourself have seen in concerts. The activity and energy of a large crowd are probably among the reasons you attend concerts in the first place, but you would not expect the fun to result in a costly and potentially life-altering medical condition.

There are many things that could contribute to the success of a concert injury case, including the size of the event and the specifics of the venue. Please do not take this as legal advice. It is only intended to form a background of information.

A past error should not prevent a bright future

Sun, 27 Jan 2019 19:23:48 GMT

At Kelly, Symonds & Reed, LLC, we believe that our clients deserve a chance to form healthy, happy families through positive involvement with their children. However, some people with sex offenses on their records might need to carefully navigate complex issues in Missouri child custody law to have a chance at this ideal future.

In a previous article, we mentioned that discussions of criminal history are often an important element of divorce and custody cases . Unfortunately, without solid legal and evidence-based arguments, most courts would likely assume that liberal contact with someone with a sex crime conviction was not in the best interests of a child. There are, however, some instances in which we believe a court would understand that a simple criminal record does not tell the entire story.

While a successful defense to initial sex crime charges would be our priority for any of our clients, we also know that some of these crimes have extenuating circumstances. We have seen convictions that are quite old, crimes that happened during an offender’s childhood and other situations that should cast doubt upon the relevance of the charge in determining child custody agreements.

We believe that the relevance of sex-offender status is especially questionable in terms of juvenile offenders. As explained in this article in the New Yorker, 95 percent of minors convicted of sex crimes never re-offend.

You are unlikely to find easy answers when it comes to divorce. Custody of children, spousal support and division of assets and debts might already be complicated — even if you were not dealing with a criminal history. That is why we approach every case we accept with compassion and exacting attention to detail. Please read on by continuing to our main website.

What are the consequences of sex crime conviction?

Fri, 25 Jan 2019 19:24:47 GMT

Any sexual offense accusations you might face in Missouri have the potential to result in long-lasting consequences. You might find that a conviction of a sex crime could even persist to trouble you for your whole life. These kinds of convictions also tend to have an effect on civil procedure, a topic you may find discussed in more detail in a subsequent blog article on this site.

In terms of immediate consequences, there are many different classes of felonies in Missouri law. Each of these could come with a specific set of minimum and maximum penalties. Please read on for a brief discussion of these penalties and a discussion of how a sex-related offense charge could fall into the various categories.

As outlined on FindLaw, penalties for sex convictions have four felony classes and one misdemeanor class. Factors that increase severity include violence, minor victims and intensity of the act. Any of these five classes of convictions could require jail time, and you could pay a fine for some of them.

Specifically, here are the consequences you might face for a single count, listed from least to most severe:

Up to 1 year in jail and up to a $1,000 fine
Up to 4 years and up to $5,000
7 years or less in prison and $5,000 or less in fines
A minimum of 5 and maximum of 15 years in prison with no fine
No fine and between 10 to 30 years in prison, or life, depending on the circumstances

Law enforcement agencies would also likely place your information into a national database as the result of a conviction. This would be a consequence in and of itself, as it would allow people to search for your name and see your sex crime record. However, every case is different. Please do not regard this as legal advice. It is only meant as background educational information.

I had a car accident — now what?

Thu, 24 Jan 2019 19:25:50 GMT

You hope it never happens, but unfortunately, the odds are that you will be in a car accident at some point in your lifetime. It occurs so frequently that there is no need to feel as though you’re a bad person for having one. Most of us don’t do anything to deliberately cause a crash.

How you handle the accident after it occurs can make a great deal of difference. Whether or not the crash was your fault, there can be a lot of legal issues to manage. Treating them carefully can mean a world of difference in both your financial or physical recovery. The following tips are an excellent guideline for what to do when a car accident happens to you.

Before a car accident happens

It may not occur to some people to take action before a crash even happens, but taking a few precautions can help facilitate the best possible outcome.

Create a handy checklist that contains prompts for you to write down important information, such as the make and model of any other cars involved in the crash, insurance information, and where and when the crash occurred.
Make sure you have a copy of your driver’s license, insurance information and registration in your car or on your person.
Put a safety or first-aid kit in your car.

At the scene of the accident

Of course, the most important thing at a car crash is whether anyone is hurt, but if you are able, be sure to take the following actions.

Stay calm, remain at the site of the crash and be cooperative with anyone else on the scene.
Determine if anyone has been injured or needs medical attention and call for help if needed.
Contact the police if anyone is injured, has died or if there is any major damage to vehicles or property. If no one is injured, you may still wish to reach out to law enforcement to get an official record of the accident.
If the accident is not serious, move the involved cars out of the way of traffic to the side of the road.
Use your hazard lights to let other motorists know to use caution as they approach the scene.
Get out that smartphone and take pictures of any damage. Don’t forget to photograph the area around you.
Exchange information with the drivers of any and all vehicles directly involved in the crash, but don’t give out your personal information to anyone else, including passengers in other cars. Be sure to get names, addresses, phone numbers and insurance information.
If anyone witnessed the accident, speak with them and obtain their contact information.
If the police ask you to sign something, do so, but do not sign anything else from any other party.
Do not discuss the actual incident or say that you were at fault.
Don’t let anyone take photos of your license or registration.
Stay at the scene of the crash until law enforcement and the other drivers have left.

After leaving the accident

Your work is not done once you’re off the scene of the crash, but don’t despair! Take one action at a time, and you’ll complete the list before you know it.

Reach out to your car insurance provider to let them know what happened.
If the police or anyone else filed an accident report, obtain a copy of it.
If you were injured, be sure to write down what injuries you have and if they change. If you experience any changes in your mental condition, note those as well.
Keep record of any medical treatment you receive.
Have an estimate of the monetary amount of damage done to your vehicle or property.
Reach out to an experienced personal injury attorney to guard your rights before speaking to the other parties involved, including insurance companies that are not your own.

A car accident can be a very traumatic event , but if you follow these steps, it can help you stay calm and feel more in control of the situation. Since car crashes seem to be an inevitability in our world, the best any Missouri driver can do is plan how to proceed once one happens.

Construction workers at high risk for back injuries

Wed, 16 Jan 2019 19:28:03 GMT

We represent many injured construction workers here at Kelly, Symonds & Reed, LLC, in Missouri. Consequently, we know as well as you do that when you work construction, you put your back at risk for injury each and every day. The nature of your job requires you to constantly lift, carry, move and otherwise deal with heavy equipment and materials, many of which are also bulky and unwieldy.

It likely will not surprise you to learn that construction workers face the highest risk of back injuries of any other worker group. Your risk is especially high if you work as one of the following:

Stonemason or bricklayer
Jackhammer operator
Roofer
Floor or wall tile installer
Drywall installer

Extraordinary weight build-up

One of the major problems with musculoskeletal injuries is that they accumulate over time. While your first back injury may be relatively insignificant, your fifth, tenth or twentieth likely will be much more serious, especially if you are one of those workers who fails to take sufficient time off work to properly heal between injuries.

You likely also fail to realize just how much weight you actually lift while on the job. The Center for Construction Research and Training provides the following eye-opening example of how much weight a bricklayer actually lifts over time when (s)he hoists a 38-pound brick 200 times a day:

3.8 tons per day
19 tons per week
950 tons per year

Based on these incredible figures, it is no wonder why construction workers like you suffer so many back injuries during the course of their careers. It likewise is no wonder why in 2014 alone, construction workers lost an average of eight days of work for each back injury, racking up a total of over $46 in lost wages.

For more information, please visit this page on our website.

How seriously can a car crash burn you?

Wed, 16 Jan 2019 19:27:13 GMT

Now that Old Man Winter has hit Missouri with a vengeance, car accidents are up and power lines are down. This makes for a deadly combination that can result in your suffering catastrophic burns should you become involved in a fiery crash.

Unfortunately, the relatively small interior of your vehicle, whether you drive a compact or an SUV, added to the many surfaces and fluids in and around it that can become hot enough to severely burn you, provide a perfect storm for your receiving severe burns in a winter car crash.

Types of burns

Per the American Burn Association, you run the risk of receiving the following four kinds of burns if you wind up in a fiery crash:

Thermal burns if your body contacts the flames themselves or one of your car’s exceptionally hot surfaces
Scald burns if your body contacts one of your car’s hot liquids, such as gasoline, or even your spilled cup of coffee
Electrical burns if your body contacts one of your car’s electrical wires or, worse yet, a downed power line
Chemical burns if your body contacts one of your car’s caustic fluids such as antifreeze, steering fluid, transmission fluid, etc.

Degrees of burns

Medical professionals break down the severity of burns into four categories. First- and second-degree burns represent the least serious and generally occur as the result of too much sun exposure rather than a fiery car crash. Instead, such a crash will much more likely result in your receiving third- or fourth-degree burns, both of which can be life-threatening.

If you receive a third-degree burn, not only will it burn away your skin, it will also burn your underneath tissues, such as your muscles, tendons, nerves, etc. In fact, many third-degree burn victims fail to recognize how badly they are injured because their damaged nerves fail to let them feel pain.

If you receive a fourth-degree burn, this is the deepest and most catastrophic burn of all. Now your bones, too, get burned and you face imminent death without immediate emergency medical intervention.

This is general educational information and not intended to provide legal advice.

Have millennial drivers earned their bad reputation?

Mon, 14 Jan 2019 22:58:13 GMT

Millennials nowadays have a reputation for being lazy, entitled and unreliable, and while some of these claims are likely without much merit, there is one area in which it seems they have earned their bad reputation: on the road. Millennial drivers across Missouri and the rest of the country are so bad, in fact, that the vast majority of them admit to taking unnecessary risks behind the wheel. When they do so, however, they endanger themselves and everyone else who crosses their path.

According to USA Today, an alarming 88 percent of American motorists between the ages of 19 and 24 admit to engaging in risky behaviors while driving. Many of them are also frequent offenders, with some admitting to performing certain dangerous driving actions within the past 30 days. Just what types of risky driving behaviors are today’s millennial motorists adopting?

As you might imagine, texting , emailing or sending other electronic communications while at the wheel is a major problem among those in this age group, with nearly 60 percent of about 2,500 drivers admitting to doing so within the last month. Comparatively, only about 31 percent of drivers in other age ranges acknowledged doing the same within the past 30 days.

Millennials are also taking unnecessary risks when it comes to red lights, with almost half of those surveyed saying they had run red lights despite having been able to stop without much trouble. Speeding in school zones, also, is a too-common millennial driving habit, with about 12 percent of millennial motorists admitting to traveling at least 10 mph over the limit in these areas.

This information about the driving habits of millennials is educational only and is not a substitute for legal advice.

What to expect at a Missouri child support modification hearing

Wed, 02 Jan 2019 19:30:25 GMT

When you have a child support arrangement in place in Missouri, a time may come when the party either paying or receiving support has reason to request a child support modification to change the amount paid or received. If the party paying the support objects to the requested change, the next step may involve having both of you attend a child support modification hearing. At Kelly, Symonds & Reed, LLC, we have helped many clients both requesting and contesting child support modifications, and our broad knowledge of the system and process have helped many people facing similar circumstances pursue solutions that fit their needs.

Per the Missouri Courts, you will need to provide certain documentation when your child support modification hearing takes place, furnishing items that include a Parenting Plan, Form 14, and the proposed Judgment of Modification of Child Custody and/or Support. You will also need to contact the clerk’s office directly to make sure the court has everything it needs from you in advance of the event.

Once you can confirm that the court has everything it needs and that your hearing date is still accurate, you will want to get as familiar with your case as possible so you can make your argument in front of the judge. The more you know about the case, your child’s needs and so on, the more likely you are to achieve a favorable outcome.

On the day or your hearing, err on the side of caution and arrive ahead of schedule to leave plenty of time for security and unanticipated delays. Make sure any witnesses you have coming to speak on your behalf do the same. Dress professionally, and anticipate that the judge may or may not render an immediate decision. In some cases, he or she may delay issuing a final decision about your child support modification and instead notify you in writing at a later date. You can find more about family law on our webpage.