You must file a petition with the circuit court in the county where the arrest occurred. Once the petition is filed, the court will likely set a court date for a trial on your petition.For a first offense, the maximum punishment is a $500 fine. However, for subsequent driving while suspended charges, the punishment increases and can lead to a sentence of up to four (4) years in prison.Although blood can be tested for both alcohol and drugs, blood test results can provide only a percentage (i.e., blood alcohol content) for alcohol. Blood tests cannot specify a percentage of drugs in your blood.The State of Missouri has various DWI charges. For example, a first DWI is a class B misdemeanor, but subsequent DWIs may allow prosecutors to charge the DWI as a class A misdemeanor or as a felony. Additionally, certain facts such as whether a child under the age of seventeen (17) was in the vehicle or whether an injury or death resulted can alter the DWI charge.Once a prosecutor charges an individual with a DWI, the court will either issue a summons or an arrest warrant. Simply put, the summons notifies the individual that the charge was filed and notifies them of their court date. A warrant notifies law enforcement to arrest the individual and hold them until they post bond. Once the summons or warrant is served, there will be court dates to attend, such as an arraignment and, depending on the charge filed, a preliminary hearing among others.State charges are alleged violations of state law, and thus, it is the State versus the individual. Federal charges are alleged violations of federal law, and thus, it is the United States versus the individual. State charges will be filed, and court will be held, in the Circuit Court in the county in which the crime occurred, and federal charges will be held in the U.S. District Court in the federal district where the crime occurred.If an arrest warrant exists for an individual, that person can be held until they post bond. Without an arrest warrant, if law enforcement has probable cause to believe an individual committed a crime, they can hold an individual for up to twelve (12) hours for a misdemeanor and up to twenty-four (24) hours for a felony.A common perception is that law enforcement officers must read individuals their Miranda rights when they arrest them. However, that is not required. If law enforcement has arrested an individual, they must read Miranda rights if they attempt to question or interrogate the individual.Individuals must file a petition in the circuit court in the county in which they reside. Once it is filed, a judge should determine whether to grant a temporary restraining order and set the matter for a hearing, or whether to simply set the matter for a hearing. After the judge’s determination, the court should produce a summons to serve the respondent a copy of the petition and notify them of the court date. If the judge granted the temporary order, the order is effective against the respondent as soon as they are served with it.A felony is a category of certain crimes—the most serious crimes.A misdemeanor is a category of certain crimes. They are criminal charges—more serious than infractions, but not as serious as felonies.Both probation and parole have to do with being supervised as a result of a criminal charge. However, there are differences. Judges have the ability to place individuals on probation at the time of sentencing on a given charge, but, generally, they cannot place people on parole. Essentially, parole is the type of action and supervision that results when an individual is released from prison prior to the completion of their sentence.Contact an attorney IMMEDIATELY if you have not already contacted one.If you hire a good lawyer, you have a much better chance to avoid a DWI conviction in the first place, particularly if it’s a first DWI. However, upon a DWI conviction, you will have a conviction on your criminal record and driver’s record. Additionally, you will have a license suspension or revocation.Without an attorney present, NEVER. If the police attempt to talk to you after they arrested you, consult with an attorney prior to responding to the police.Generally, you are allowed to move freely when you are on probation. However, if you are on State supervised probation or on parole, you need to make your probation or parole officer aware of an address change, and it’s advisable to consult with them about the new address prior to moving.Yes. Unless you know the criminal justice system’s process, how to conduct a trial, and know the rules of evidence, you should absolutely consult with an attorney to help enforce your rights.
