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St. Louis Criminal Defense Blog

Am I Eligible for Expungement?

No one is perfect. We all make mistakes, big and small. But when something considered criminally minor – such as a nonviolent shoplifting misdemeanor – sits on a criminal record, it can ...
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What Do I Do When I Have Been Charged With a Violent Crime?

A violent crime occurs when the accused is said to have used or threatened to use a level of force against an alleged victim. These crimes are usually considered the most serious and the prosecution ...
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Do I Have To Be Arrested For Domestic Violence?

Up until fairly recently, police officers that were called to domestic violence situations turned the other cheek. Domestic violence was seen as a problem to be worked out between spouses or ...
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Announcement of New Law Firm

Attorney Brent Labovitz is happy to announce that he is part of the new law firm of DeFeo & Kolker, LLC. DeFeo & Kolker, LLC is the combination of two highly respected civil litigation ...
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Mo. Stat. Ann. § 195.202: Possession of a Controlled Substance

The possession of an illegal controlled dangerous substance (CDS) is charged differently depending on the state where the offense occurs. In Missouri, a state with an already high crime rate, officers ...
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Attorney Labovitz Weighs in On Jacque Waller Case

Attorney Labovitz was recently contacted and cited regarding the recent development in the Jacque Waller case on KSDK.com. The Jackson, Missouri mother of triplets' remains were found on ...
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Missouri v. McNeely Supreme Court Case

The administration of field sobriety tests, blood and breath tests to determine whether or not an individual is intoxicated, or under the influence of drugs or alcohol, is a much-contested subject. In ...
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What Happens If I Refuse a Breathalyzer Test?

In the state of Missouri, when a driver obtains a driver's license, he or she is required to sign the license and thus give their "implied consent" to submit to blood, breath and/or ...
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What are the Penalties for DWI in Missouri?

Any time an individual makes the decision to drink and drive, others may be put in harm's way. If you or a loved one has been arrested for driving while intoxicated (DWI), you should not expect ...
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The New Expungement Law in Missouri

Starting at the end of this month certain people will be able to have certain offenses removed from their criminal record. The new law is not as far reaching as I would have hoped, but I do believe it ...
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Don't Adjust Your Pants in Front of the Cops or Else They May Search You!

The Missouri Supreme Court recently held in, State of Missouri, Respondent vs. Elton J. Norfolk, that a defendant adjusted his pants in a manner that officer's "experience and training ...
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Withdrawal of a Guilty Plea

In certain circumstances a person can withdraw a guilty plea and get that final disposition set aside and try to get a different result on their case. This is possible in most cases, however it is ...
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Just Your Average Citizen, Except With a Drug Charge

Drug crimes are looked at by many in a certain light and are expected to be committed by a particular kind of person. Rises in crimes are showing that what many expect to be true is not always the ...
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Missouri Supreme Court Rules that Police Cannot Take Your Blood Without Your Consent or Without a Warrant if You Are Arrested for a DWI in Missouri

In a recent Missouri Supreme Court opinion, State of Missouri v. Tyler G. McNeely, the Missouri Supreme Court held that an officer not presented with "special facts" that an emergency is ...
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Welcome to our new St. Louis Criminal Defense Blog

We are pleased to announce the launch of our new St. Louis Criminal Defense blog with an RSS feed located here.
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Can the Police Search Your Cell Phone Without Your Consent?

One of the fascinating Fourth Amendment questions that many state courts have been grappling with is how the "search incident to arrest" exception applies to the search of cell phones. ...
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Federal Sentencing Guidelines Can Be Harsh

Recently a man was sentenced in the United States District Court in East St. Louis, Illinois, to 188 months imprisonment for conspiracy to distribute in excess of 1000 kilograms of marijuana. This man ...
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Illinois police seize more than 72 pounds of marijuana.

Recently Illinois State Police arrested a 27-year-old resident of California that was driving through the State of Illinois. The 27-year-old was arrested for the possession of 72 pounds of marijuana, ...
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Counterfit Cash used to pay bar tabs at popular St. Louis County bar

A popular St. Louis County bar, Nick's Pub, was recently duped. A man was recently drinking at Nick's Pub and after buying rounds of drinks at the bar he paid the tab with fake $20 bills - ...
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Case of Mistaken Identity

Recently my firm was contacted by a woman that claimed the police had arrested her boyfriend. She told the attorneys at my firm that the police had arrested her boyfriend because the police believed ...
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What is the Difference Between SIS and SES probation in the State of Missouri?

In the State of Missouri when a defendant pleads guilty to or is convicted of a criminal offense the Court can choose to place the defendant on probation. This article is not meant to explain all the ...
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To Blow or Not to Blow?

Should I blow or not? This is by far the most common question I receive. The answer is, it depends. I know this is not the answer that people want to hear, but each case is different and it depends on ...
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If you drink and drive keep these in mind.

One of the most common questions I receive as a criminal defense lawyer is, "what should I do if I have been drinking and I am pulled over by the police?" I always tell people that this is a ...
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I have, and will continue to refer him to friends and family I was referred to Mr. Labovitz by a colleague of mine. He was very helpful in handling my criminal matter. I have, and will continue to refer him to friends and family. If I ever need the services of a lawyer in the future, I will definitely use him again.
- Mark
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