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6 Common Types of Personal Injury Cases

Tue, 04 May 2021 19:00:59 GMT

You have the right to seek justice if you or your dear one is involved in an accident from someone's carelessness. With the help of a personal injury lawyer, you can get compensation for the wages lost, injuries sustained, and other damages that the accident causes to you.

However, you should gather the right evidence to prove that the accident indeed took place to increase your chances of rightful compensation. Discover the six main types of personal injury cases.

1. Auto Accidents

Millions of people experience auto accidents every year globally. Auto accidents involve trucks, small cars, and motorcycles. Most of these accidents happen because of speeding, reckless driving, distracted driving, and drunk driving.

The effects of road accidents can range from car damages to bodily injuries such as bone fractures and cerebral bleeding. When you, unfortunately, become a victim of an auto accident, seek medical help first. The medical records, together with photos and videos of the accidents, can help you get timely compensation.

2. Workplace Injuries

As the name implies, workplace injuries happen in the line of duty. Workplace injuries are quite common in every industry, although employees in the construction industry are often more vulnerable.

The main causes of workplace injuries are fire, collisions, slip and fall, and auto accidents. When you sustain any workplace injury, first inform your supervisor. After that, work with a lawyer to help you get workers' compensation.

3. Medical Malpractice Injuries

Every patient should receive good medical help when sick. Unfortunately, some accidents can occur in hospital setups. These injuries can occur from wrong drug prescriptions, wrong surgical operations, misinformation, or even delayed medication.

Accidents that result from medical malpractice can be life-threatening if you ignore them. Ensure that you follow your doctor's advice at all times. If any accident happens, report the incident to get compensation for any illness, damage, or financial losses that the malpractice causes you.

4. Defamation Accidents

Personal injury cases do not always have to be physical. The injury can be physiological sometimes, like defamation. Defamation is a general term for the effects of wrongful claims. You have the right to sue anyone who uses their power to damage your reputation, your happiness, or your peace of mind through their words.

Do not stay silent when someone intentionally makes wrong remarks about you, your family, or your business. You can often initiate a personal injury case for a defamation accident to get justice.

5. Product Liability Accidents

As a consumer, you have the right to get all information about a product before you use it. You should then use the information that the seller or supplier gives you to either buy or use the product or leave it.

Assume that a seller or supplier gives you a substandard product, and the product affects your health. In that case, you can sue that provider for the health and financial losses that the faulty products provide. All cases that involve sellers' negligence are known as product liability personal jury cases.

6. Assault Cases

Unlike the above types of personal injury cases, assault cases do not happen because of someone's negligence. Assault cases are intentional because a person of a sane mind decides to attack you physically.

Whether you are a victim of assault knowingly or unknowingly, do not stay silent about any assault case. Report the person responsible for the assault as soon as possible for justice.

Personal injury lawyers help the victims of personal injury cases to get appropriate compensation. If you think that someone is responsible for your current pain or suffering, contact David Naumann & Associates today. Our team will walk you through the legal journey to restore your peace of mind.

What to Know About Clearing Your Criminal Record

Fri, 26 Feb 2021 17:31:50 GMT

New Many people make mistakes that lead to criminal prosecution. Even a minor crime on your criminal record can prevent you from getting the job you want or qualifying for the loan you need. Luckily, the legal system provides options to help people who are trying to get back on the right track. By expunging your criminal record, you can improve your situation. To learn more about this process, keep reading.

What Is Expungement?

When you are convicted of a crime, anyone who checks your criminal record can see it, which may prevent you from getting jobs or other benefits. For this reason, many people look into expunging their criminal history.

When a crime has been expunged, it no longer appears on your criminal record. Therefore, you no longer must disclose it when applying for a job. Plus, if the employer performs a criminal background check, they usually won't see the crime or the expungement.

There are some rare instances when the crime or the expungement will still appear. For example, certain licensing boards can investigate the expunged records of job applicants to ensure safety and security.

When Can Crimes Be Expunged?

For starters, in most cases, only state crimes can be expunged. Getting a federal crime expunged is incredibly rare. This is largely due to the fact that expungement is controlled by the states, and there are no federal statutes governing expungement proceedings at the federal level. Naturally, because each state controls the expungement proceedings, the qualifications vary from state to state.

To qualify for expungement in most states, you must have already finished serving your entire sentence. In many cases, the courts also give you a waiting period that could be as long as several years. During that time, you should not commit another crime.

What Can and Can't Be Expunged?

Most minor crimes can be expunged, such as your first DUI or a minor burglary or theft. Naturally, the less serious the crime, the easier it is to get expunged. However, some crimes are simply not eligible for expungement. For starters, these include any class A felony offenses, such as assault in the first degree. In addition, any offense that requires the person to register as a sex offender cannot be expunged.

Other crimes that can't be expunged include misdemeanor or felony of domestic assault, felony offense of kidnapping, felony where death occurs, child abuse, and arson in the first degree.

Is Expungement the Same as Being Innocent?

In most cases, expunging a crime hides it from everyone, but it is not the same as saying you are now innocent of the crime. Expungement simply seals the records, but exoneration absolves you from the crime. In this type of proceeding, the courts take back the criminal conviction.

Expungement is also not the same as a pardon. A pardon is given by the executive branch of the government, such as a governor or the president, but expungement is only handled by the judicial branch: the courts.

The benefit to a pardon is that it can be given for any crime (including those that can't be expunged). However, while expungement clears your criminal record to make it look spotless, a pardon doesn't clear your criminal record; it simply prevents you from receiving punishment (or reduces the punishment).

If you've been convicted of a crime and it's holding you back, you may want to consider expungement. While some crimes can't be expunged, many common crimes can after you've completed your sentence. For more information, or if you want to get your record expunged, contact us at David Naumann & Associates today.

Examples of Mortgage Fraud

Tue, 05 Jan 2021 09:19:03 GMT

If you want to apply for a mortgage, tread carefully to avoid fraud claims from the lender. Otherwise, you might not only miss your mortgage but also face criminal charges. The following are common examples of mortgage fraud.

False Information

Providing false information is a common form of mortgage fraud. For example, a mortgage applicant might:

Fail to disclose some of their debts. This lie is substantial since the mortgage company uses your asset-to-debt ratio when reviewing mortgage applications.
Lie about the property's occupancy. Unoccupied properties face higher risks than occupied properties, and mortgage companies are wary of high risks.
Lie about the property's liabilities. The liabilities also expose the lender to higher-thandisclosed risks.

Any lie that can affect the mortgage assessment can lead to fraud charges.

Forged Documents

Forging documents often goes hand-in-hand with falsifying information. Some of the documents that mortgage applicants typically falsify include:

Paystubs
Employment letters
Tax returns

Mortgage lenders usually do due diligence before approving mortgage applications, which allows them to sport forged documents.

Inflated Appraisal

Mortgage lenders use property appraisals to determine the value of the properties they are about to invest in. A lender cannot advance a million-dollar mortgage on a property that isn't worth that much, for instance. After all, the lender needs to recoup their investment (via foreclosure) if the mortgage holder defaults on their loan obligations.

Unfortunately, some homebuyers dupe lenders by submitting inflated appraisals. For example, a homebuyer can digitally alter an appraisal document to show a higher value. Some buyers also involve property appraisers, or even sellers, in their schemes.

Straw Buying

When someone applies for a mortgage, the lender evaluates their personal information when assessing the application. Some of the information lenders typically evaluate include:

Credit score
Employment history
Assets
Debts

In straw buying, the actual buyer doesn't submit their information but uses another person's information. Say a potential buyer realizes that their financial history cannot qualify them for the mortgage they want. The buyer may then turn to a relative with a better financial history, who then applies for the mortgage as if they are interested in the property purchase.

Equity Skimming

Equity skimming became popular in the last two decades or so. In this fraud, one party gains the title of another party's property, refinances the existing mortgage, and takes out all the equity. And equity skimming frauds come in different variations.

For example, say person A has been struggling to pay their mortgage and has defaulted multiple times. Person B approaches person A to buy out the property before the lender forecloses it. Person B takes the title as collateral and promises to return it after finalizing the rescue. However, person B uses the title to secure a new loan and then abandons the rescue scheme.

Silent Second Mortgage

The last example involves taking a second mortgage without informing the first lender. Some homebuyers engage in the scheme to raise down payment money when buying a property. Such a scheme is fraudulent since lenders require mortgage holders to declare all sources of down payment money.

Lender frown upon silent second mortgages since it weakens a borrower's asset-to-debt ratio. For example, a homebuyer with two mortgages is more likely to default on one of the mortgages than another buyer with only one mortgage.

Like other criminal suspects, the law presumes you innocent until a criminal court finds you guilty. And you may have a variety of defenses, depending on your circumstances. For example, criminal fraud requires intentional conduct, so you can get an acquittal if you can prove a lack of intent.

Contact David Naumann & Associates for legal defense if you are facing mortgage fraud charges. We will review the circumstances of your accusations to determine the best defense strategy.

What to Know About a Power of Attorney

Thu, 29 Oct 2020 22:59:52 GMT

Many people know the importance of wills but they neglect to consider a power of attorney (POA). While a will documents how your assets and belongings should be distributed after your death, a POA is used while you are still alive. A POA is a legal document that gives someone else power to make decisions about your property, finances, and/or medical treatments. However, depending on your needs and situation, there are multiple types of POA's. Keep reading to learn which is right for you.

General Power of Attorney

You may want a general POA if you expect to be fully incapable of making financial decisions for a certain period of time. With a general POA, your agent handles banking transactions, taxes, real estate, contacts and other financial decisions. In some cases, you may need this type of POA if you are leaving the country. For example, if you will be out of the country for a few months, you may want a POA to file your taxes or manage your property.

Many older Americans use general POAs because they are no longer able to manage their finances themselves. Similarly, a general POA may be the right choice if you expect to be sick from an illness or treatment for illness. The general POA automatically ends if you become incapacitated unless specifically stated otherwise.

Durable Power of Attorney

A durable POA is used for healthcare purposes in the event you become unable to make medical decisions. A durable POA becomes active immediately, and it remains in effect if you become incapacitated. Ideally, you should create your POA (or at least talk to your family) before you are fully incapacitated, so you can choose your agent. Confusion can lead to family fights or the court appointing someone you don't want to be your agent.

A durable POA does not give anyone power over your finances, taxes, banking information, real estate, etc. It is only used for the agent to make medical decisions on your behalf.

Springing Power of Attorney

Similar to a durable POA, a springing POA details how you want your medical decisions handled if you are incapacitated. However, this type of POA only goes into effect if you become incapacitated. Unlike a durable POA, a springing POA can also include financial decisions.

Springing POAs are also common for members of the military. With a springing POA in effect, your spouse or family automatically takes over your financial decisions if you are suddenly deployed. Regardless of why you are choosing a springing POA, however, make sure to work with your attorney to determine your definition of incapacitated and when the agent should take over.

Limited Power of Attorney

In some situations, a limited POA or special POA is the right choice. As with a general POA, you may need a limited POA when you won't be able to manage some of your finances. However, instead of giving the agent blanket power to control all your finances, a limited POA only gives the agent control of specific areas.

Perhaps you own property in another country. A limited POA allows you to give someone else control over the property to manage it on your behalf. Of course, you wouldn't want the agent having power over your taxes and banking transactions, so a general POA is the wrong choice. When creating your limited POA, clearly detail what is and is not included in the agreement.

A power of attorney is a useful document to help when you can't make your own financial and/or medical decisions. It's incredibly important you choose your agent carefully, and make sure you choose a qualified attorney to ensure everything is official. If you would like to learn more, contact us at David Naumann & Associates today.

An Overview of Domestic Violence Crime in Missouri

Thu, 27 Aug 2020 17:46:52 GMT

A conviction of domestic violence attracts consequences. If you face an accusation of domestic violence, an understanding of the charges can help you with the defense. Below is an overview of domestic violence charges in Missouri.

The Charges Can Include Nonviolent Actions

You don't have to be violent for the authorities to charge you with domestic violence. For example, the authorities can charge you with domestic violence if:

You isolate a family member from other family members. An example is if you deny a paralyzed sibling access to a telephone that they can use to stay in touch with other family members.
You stalk a family member. Examples are if you regularly log into a sibling's social media accounts, call them all the time, or follow them around.
You abuse a family member emotionally. Examples are if you call your spouse names or interfere with their relationship with the children.

Thus, you shouldn't assume that domestic violence only occurs if you are physically violent toward someone.

The Victims Can Include Non-Family Members

Secondly, you should know that the victim doesn't have to be a family member for your actions to constitute domestic violence. For example, in Missouri, you are guilty of domestic violence if you commit abuse or violence against:

Former spouses
People you live with or have lived with in the past, such as roommates
People you date or have dated in the past
Anyone with whom you have a child

Thus, you could receive domestic violence charges even if the victim of your alleged crime is not a family member. The authorities will scrutinize your relationship with the person and determine the right charges.

The Intent Matters

Domestic violence is an intentional crime. If the authorities charge you with domestic violence, the court will examine whether you intended to commit the act or omission, and not whether you intended to cause harm.

For example, an accidental discharge of a firearm is not domestic violence, even if the bullet hits someone. However, if you knowingly discharge a firearm and hit someone, you may be guilty of domestic violence even if you never intended to hit anyone.

There Are Four Classes of Domestic Violence

Most states classify domestic assault into different categories. Missouri has classified domestic assault into four degrees

1. First Degree

The first degree is the most serious class of domestic violence. Domestic assault in the first degree includes:

An attempt to kill a domestic victim
An attempt to cause serious injury to a domestic victim
Causing serious injury to a domestic victim

A conviction of domestic violence in the first degree can attract many years behind bars - you can even get life imprisonment.

2. Second Degree

Domestic violence in the second degree is mainly about actual (not an attempt at) physical injury. The charges apply irrespective of the instrument you used to cause the injury, even if it's your bare hands. This class of domestic violence includes both intentional and reckless acts.

3. Third Degree

Domestic violence in the third degree involves an attempt to cause physical injury to a domestic victim. Actual physical injuries that are relatively minor can also trigger the charge.

4. Fourth Degree

Lastly, domestic violence in the fourth degree involves physical (minor) and non-physical injuries. For example, you may face the charge if you isolate a domestic victim from other family members or if you threaten to harm a domestic victim.

If you face domestic violence charges, always remember that you are innocent until the court proves you guilty. David Naumann & Associates has experienced, dedicated, and compassionate associates.

Court Day and Your Appearance: What You Need to Know

Thu, 25 Jun 2020 08:40:23 GMT

Everyone would like to believe the decisions made in courtrooms come about because of the facts of the case. Unfortunately, humans often feel swayed by their first impression of someone. Appearances affect first impressions, so every defendant must do what they can to project the right image.

Start With the Basics

A defendant should make certain they wear clean, conservative clothing. Avoid flashy outfits and accessories. Groom thoroughly and keep hairstyles as conservative and clean as the clothing. It is unnecessary to wear dresses or suits, but avoid jeans, yoga pants, or any casual outfits. Wear dress shoes rather than sandals or sneakers.

Avoid any clothing with logos or messages or clothes meant to sexualize the wearer. Keep all jewelry to a minimum and conservative in its appearance. Remove obvious facial piercings, or at least keep the number of piercings visible to only one or two.

Choose the Right Color

Color psychology affects how product marketing takes place, encourages designers to choose specific shades for different rooms and buildings, and can help people to encourage others to see them in a certain way. In the courtroom, the impressions to seek are things like sincerity, calmness, and reliability.

Blue clothing can promote a sense of sincerity and trust for the wearer. It is also a formal color, so it can add a touch of credibility to the person who wears it. Additionally, soft shades of green or yellow give the impression of calmness, so people may feel more relaxed around the individual.

Just as important as what to wear are the colors to avoid. Bright colors like red or orange can seem aggressive. Avoid orange especially because of the association with prison uniforms. Black clothing can also seem aggressive or intimidating, especially if the person wears all black. Black power suits on men or women may make them seem formidable and professional, but in a courtroom, power may seem intimidating.

Decide on Facial Hair

Men must also decide on facial hair. Beards have the potential to make a man seem more masculine and aggressive. Aggression can cause a negative influence in a courtroom where the defendant has charges of assault or other physical complaints against them.

Research has shown that people identify expressions of anger more clearly on the faces of bearded men than they do on clean-shaven men. The same research also showed that people responded well to a smiling bearded face, but a defendant that smiles all day in court may give people the impression they are not taking the process seriously.

Men who have worn beards for years may feel uncomfortable and insecure by shaving. It is okay to keep an existing, well-groomed beard during all court appearances. However, long, shaggy beards or patchy facial hair may make the individual seem poorly groomed.

Reduce Impact of Tattoos

In the United States, slightly over one-third of adults age 29 and younger and about 30 percent of all college graduates have at least one tattoo. These statistics indicate that skin art has gained social acceptance over the last few decades, but that does not mean jurors will overlook all artwork.

Cover any tattoos related to gangs as well as any that contain racial, sexual, or violent content. Clothing can cover a lot of skin, and makeup can hide the rest. One exception to covering tattoos could be if the case includes a victim or witness that identified the suspect by their distinctive tattoos. To cover them may make it seem like the defendant wanted to alter their appearance to prevent identification.

People need not look perfect in court, but an effort to show respect to the justice system by looking professional and groomed can help. At David Naumann & Associates , we want our clients to look their best while they're in court, but we also want them to have the best experience possible. Our team is ready to help you. Contact us today to learn more.

DUID in Missouri: Top Questions Answered

Wed, 29 Apr 2020 16:57:34 GMT

In the state of Missouri, driving while under the influence of alcohol or drugs is illegal and can result in serious penalties including jail time. While most people have heard of DUI (driving under the influence) and DWI (driving while intoxicated), DUID (driving under the influence of drugs) is a related charge that you may not be familiar with.

The state of Missouri has specific rules regarding DUID because it's a separate category of influenced driving. Keep reading to learn exactly what DUID is, when you can get a DUID charge, what kind of penalties DUID carries in Missouri, and how you can fight the charge.

What Is DUID Versus DUI and DWI?

A DUID is a type of influenced driving, but it's different than DUI and DWI. In the state of Missouri, DUI and DWI are actually the same offense. The state law officially calls this offense DWI but many people refer to it as DUI.

In the case of DWI, you are legally considered intoxicated if your blood alcohol concentration is 0.08 or higher , or .020 if under age 21. A DUID charge means that you're suspected of driving while under the influence of some type of drug.

But, because every drug is different and affects each person in a unique way, Missouri law doesn't set forth any specific threshold when it comes to DUID. Any type of drug, whether over-the-counter, prescription, or illegal, can have the type of effects that lead to a DUID charge as long as it impairs your driving abilities.

When Can You Get a DUID Charge?

You can be charged with DUID if a breath, blood, saliva, or urine test shows that you're under the influence of drugs. Missouri implied consent law states that when you operate a motor vehicle, you automatically consent to testing if you're arrested and the police officer has reasonable grounds to believe you're under the influence of drugs, or if you're involved in a major auto accident.

If you refuse to take a test after a police officer requests it, you can be legally forced to do so through a warrant. Plus, refusing to take a test means immediate consequences including license revocation. When it comes to DUID, and also DWI, refusing a test is never an easy solution.

What Penalties Are Associated With a DUID Conviction?

DUID penalties vary widely because they depend on what type of drug was involved, whether you had a prescription for the drug, how much of the drug you had on you at the time of arrest, and whether you've had prior offenses.

If you're convicted of DUID, you can receive all of the following consequences.

Jail time
Required participation in a substance abuse program
License suspension
Community service
Monetary fine

The above penalties increase with each conviction. For example, a first time DUID conviction means less jail time, smaller fines, and shorter license suspension that a third offense. But, any DUID conviction can have a severe negative impact on every aspect of your life, so it's best to fight the charge if possible.

What Can You Do to Fight a DUID Charge?

The most effective way to fight a DUID charge is to get an experienced criminal attorney on your side. Your attorney can help in many ways, including challenging the test collection methods and accuracy.

Because the Missouri law in regards to DUID isn't as clear-cut as that for DWI, it's sometimes easier to fight a DUID case, even if the face of a positive blood test. Your criminal attorney will do everything possible to prevent a DUID conviction.

David Naumann & Associates offers criminal defense for DUI, DWI, DUID, and other criminal charges in the state of Missouri. If you're facing charges and need help, get in touch with our experienced team online or by phone today.

Missouri Workers' Compensation: Know Your Rights

Tue, 25 Feb 2020 16:00:00 GMT

Missouri, like almost all states, has a workers' compensation program that provides benefits to workers harmed on the job. The laws and regulations that govern the program offer eligible workers a number of important rights to ensure that every worker receives fair treatment. Look at some of the key rights all Missouri employees need to know.

The Right to File

One of your most important rights is the right to file a claim for benefits from the program. This right applies to most workers in the state who are employed by a business that has five or more employees. Some limited exceptions to this right exist, however. For, example, farmworkers and domestic servants are not covered by workers' compensation.

You have the right to file a claim as long as your injury or occupational disease is a result of your employment. If you were hurt in an auto accident on the way home from work, for instance, that would not qualify, as it's not directly related to your job.

A crucial point to remember is that you lose the right to file a claim if you wait too long to notify your employer of your injury or job-related medical condition. The law requires you to notify your employer in writing within 30 days of your injury or receiving a diagnosis of a work-related disease or debilitating medical issue.

The Right to Medical Treatment

You have the right to receive treatment for your injury or condition paid for by your employer or your employer's insurer. All medical procedures and prescriptions are covered, as long as they alleviate your injury or condition. Any related medical devices you need are covered as well.

An important consideration to bear in mind regarding your medical treatment is that you do not have the right to choose your own medical provider. Missouri law gives the employer the right to select a medical provider of their own choosing.

You do have the right, however, to receive compensation for your travel expenses if the employer requires you to see a medical provider outside of the metropolitan area where you are employed.

The Right to Avoid Retaliation

Under state law, employers may not engage in any retaliation against a worker who files a claim for workers' compensation benefits. If an employer does take any action to discriminate against you because you filed a claim, then you have the right to pursue a lawsuit against the employer in civil court.

The Right to Financial Benefits

If your workers' compensation claim is approved, you have the right to various financial benefits depending on the specific circumstances of your situation. If your inability to work is only temporary, you have the right to receive financial compensation for a temporary period of up to 400 weeks.

When you are unable to return to work at all, then you have to receive permanent financial assistance.

You may be eligible for a type of compensation known as scheduled benefits, which are payments made to a worker who loses the use of certain body parts, such as their ears or extremities, as a result of their injury at work. You can also receive special financial compensation if some body parts, such as your arms, head, or hands, were disfigured by your injury.

Knowing your rights under the workers' compensation program is an essential part of filing a successful claim. To make absolutely certain, however, that you take advantage of all of your rights, you will need the help of an attorney, such as David Naumann & Associates, who has experience in workers' compensation cases. Contact us to learn more.

4 Defenses for Driving With a Suspended License

Wed, 01 Jan 2020 16:00:00 GMT

In the state of Missouri, driving on a suspended license is a class A misdemeanor, which carries a penalty of up to $1000 and a year in jail after multiple convictions. Those who are convicted of driving on a suspended license four or more times or who have previous drunk driving charges, can face a class D felony and up to four years in jail for driving on a suspended license.

If you face these criminal penalties, you may wish to fight the charges against you. A criminal defense attorney can help you. Here are four of the most common defenses that an attorney can raise to help defend you against a driving on a suspended license charge.

1. You Were Unaware Your License Was Suspended

It is the state's burden to prove that you were notified of the license suspension.

A driver's license can be suspended for a number of reasons. If you were convicted of a DUI or if you were caught driving without insurance, a judge may suspend your license. In these cases, the judge must tell you that your license is suspended immediately. If they fail to do so, you were not notified and therefore cannot be convicted of driving on a suspended license.

If your license is suspended due to unpaid parking tickets, because of too many points on your driving record, or for outstanding child support, the DMV must notify you that the license is suspend. If the DMV cannot prove that they notified you, such as showing a tracking number for a letter they mailed to you, the charges may not stick.

2. Your License Should Have Never Been Suspended

Mistakes can occur. You may have mailed a payment for an outstanding traffic ticket. During the time your payment was being processed, the DMV may have suspended your license. In this case, your license should not have been suspended if you paid by the due by date.

A criminal defense attorney can review the circumstances of your case and work to show the courts that your license should have never been suspended, which may help get the charges against you dismissed.

3. You Took Action to Correct the Suspension

If you know that your license was suspended, you may have taken action to correct the suspension. For example, if your license was suspended for parking tickets, you may have paid those tickets. You may assume that once you correct the problem that lead to the suspension, the suspension will be lifted.

However, you need to go through multiple steps to get a suspended license lifted. If you took action to correct the suspension, but unknowingly failed to complete all of the required steps, a criminal defense attorney may show the courts that you tried to correct the suspension and therefore were unknowingly driving on a still suspended license.

4. There Were Mitigating Circumstances

If your driver's license is suspended, you are not allowed to drive. However, emergencies occur, and there may be mitigating circumstances as to why you were driving. You may have had a family member who was rushed to the hospital, or your child's school may have called and only you were available to pick up your sick child.

An attorney can tell a judge that there were mitigating circumstances as to why you were driving, and emphasize that you were only driving for this reason. Ultimately, a judge has discretion whether to grant leniency or not for driving under mitigating circumstances.

Driving on a suspended license is a crime that carries severe penalties. If you were arrested for driving on a suspended license, you will want to work with a criminal defense attorney who can defend you against these charges. At David Naumann & Associates, serving the St. Louis, Missouri area, we will work hard to fight these charges. Contact us today to discuss your case.

Common Myths and Misconceptions About Criminal Appeals

Sun, 20 Oct 2019 16:00:00 GMT

After a defendant is found guilty of a criminal offense, their attorney may recommend filing an appeal. Unlike an original trial, which is often held in front of a jury, an appeal is filed to a separate appellate court and only a judge considers if the appeal is valid. Unfortunately, many defendants don't understand what is involved in the appeals process and base their decisions on misinformation.

Here are a few of the most common myths and misconceptions about filing a criminal appeal.

An Appeal Is a Second Trial

Unlike an original trial, which involves both a defense attorney and prosecutor presenting original evidence, there is no new evidence presented at an appeal. Instead, a defense attorney must prove there are grounds for an appeal based upon errors or miscarriages of justice made in the original trial. Here are a few common grounds for appeal:

False arrest. The original arrest was invalidated. For example, if law enforcement officers made mistakes when the original warrant for arrest was issued and executed.
Jury misconduct. The court provides jury members with explicit instructions, and if the jurors violate these instructions, such as jurors discussing the trial with family members outside of court, it could be grounds for an appeal.
Unethical prosecution. The defendant's attorney must prove the prosecutor acted in an unethical way or didn't follow the law. For example, the prosecutor misrepresented the law.
Insufficient Evidence. The attorney must prove that the evidence used to convict in the original trial was not sufficient enough to warrant the conviction and sentence.

Another common grounds for appeal is the original trial and verdict violated the defendant's constitutional rights. For example, the defendant's attorney could argue that the jury selection wasn't fair, and some potential jurors were excluded based upon their gender or race.

An Appeal Happens Quickly

In Missouri, the defendant's attorney must file a notice of appeal no later than 10 days after the original judgement is finalized. This means that the attorney must work quickly to ensure that sufficient grounds for an appeal are located and then fill out and file all the necessary paperwork. During this time, the defendant will remain in jail or house arrest, depending upon the conditions of their sentence.

This initial application happens quickly. However, this doesn't mean that the entire appeals process will happen quickly as well. Your attorney must sift through all of the legal documents associated with your arrest, trial, and sentencing, including the transcripts, to find a legal basis for the appeal. For example, this could mean a mistake made by the arresting officer or a mistake made by the judge.

While you are awaiting an appeal, it is critical that you not speak to anyone about your case, other than your attorney. This includes any official at a prison or your own family. If anyone questions you about your appeal, contact your attorney.

Winning an Appeal Means I Will Immediately Be Released

Finally, if you win your appeal, there are several potential outcomes. For example, the judge could grant you a new trial on different charges, granted a new sentencing hearing, or be granted a plea bargain that allows you to reduce your sentence. The original verdict could be overturned, and a new trial based upon the original charges might also occur.

There is no guarantee that a successful appeal will result in your immediate release from jail. The outcome of the appeal is based upon several factors, including the grounds and the severity of the crime.

The appeals process can be confusing, which can perpetuate many common myths and misconceptions. If you have any more questions, contact the professionals at David Naumann & Associates .

What to Know About Medical Marijuana and Gun Rights

Mon, 22 Jul 2019 16:00:00 GMT

In late 2018, Missouri approved one of the broadest medical marijuana programs in the nation, although it will still be quite a while before it's possible to walk into a dispensary and actually legally buy cannabis products.

That might not be a bad thing because there's a hitch in the way that the laws work that could prove problematic for many Missouri gun owners - if they have any hopes of using medical marijuana. Here's what you need to know in advance:

A Medical Marijuana License Puts Your Second Amendment Rights in Danger

All over the country, various states are loosening restrictions on the use of marijuana for medical purposes. Some states have even gone so far as to legalize the drug for recreational use, reckoning that it is no different than alcohol (and maybe more beneficial).

However, marijuana has not been decriminalized at the federal level as of this time. Until it does, there are a lot of grey areas in the law that can complicate the lives of users - whether they have a medical marijuana card or not.

One of those areas that can quickly become complicated is your right to bear arms . If you have a medical marijuana license, you cannot legally buy a firearm - nor can anyone legally sell you a firearm or ammunition.

Where the ATF Is Concerned, Marijuana Remains an Illegal Drug

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is a federal agency. As such, it is required to follow federal law, which trumps state law every time.

If you are a resident of Missouri who obtains a medical marijuana card, you will be legally required to answer in the affirmative to question 11e on Form 4473, which is the Firearms Transaction Record required by the ATF every time a gun is bought and sold.

That question asks if you are an "unlawful user" of marijuana or any other drug. While your use of medical marijuana may be considered lawful under state law, it is still illegal under the federal rules the ATF must follow.

In fact, an explanation of this in bold print follows the question - just to clarify the situation for anyone who might be unsure of their status. In other words, once you obtain that medical marijuana card, you are flatly prohibited from buying a gun.

Anybody Who Sells a Firearm or Ammunition Could Also Be in Trouble

Under federal law, it's generally illegal for anyone to provide a firearm or ammunition to anyone that you have reason to believe is an "unlawful user." That's a broad term, but it is meant to capture all sorts of situations, including those people who use drugs.

This law potentially puts the owners of gun shops and ammunition dealers in legal jeopardy over medical marijuana as well. As gun shop owners seek to protect themselves, it may soon become the norm to ask potential buyers if they have a medical marijuana license.

However, gun and ammunition dealers aren't the only people who could be in trouble for violating the law. The law applies equally to private transactions -- even those that don't involve cash.

For example, imagine that you give your favorite gun to your adult son, who happens to have a medical marijuana license. Your son could potentially face charges for possessing the gun - and you could face charges for providing him with it.

What Happens if You Are Charged With A Firearms Violation?

Owning a firearm in violation of the law is a Class D felony in Missouri -- which means that it is an extremely serious crime that carries potential prison time. That makes it particularly important for anyone who is charged in connection with this offense to seek the prompt advice of a criminal defense attorney, like those at David Naumann & Associates .

Facing Animal Abuse Charges in Missouri

Mon, 27 May 2019 16:00:00 GMT

Animal abuse is a serious allegation. In spite of the fact that dogs, cats, and other animals are not humans, the law protects them from abusive and cruel acts. While personal opinions regarding abuse and cruelty may vary, Missouri has laws that spell out the specifics.

If you have been charged with animal abuse, keep reading. Your livelihood and your freedom could be at stake.

What Are Missouri's Animal Abuse Laws?

According to Missouri laws, an individual is guilty of animal abuse if they kill or injure an animal intentionally and purposely. Some exceptions are made in cases where animals may need to be put to sleep because they are suffering, for example.

Examples of these types of abuse might include poisoning a neighbor's pet. In some cases, abuse can be the intentional deprivation of food or water. It does not always have to involve willful acts but can sometimes include negligence.

Additionally, it is a crime in Missouri to own an animal you are unable to provide adequate care for. For example, you may have procured a wild animal from another country that is not legal to own at a residence in Missouri. Another example might be if you had a sick or injured pet you refused to seek medical treatment for.

What Are the Punishments for Animal Abuse?

In most cases, animal abuse is a Class A misdemeanor. This misdemeanor comes with a jail sentence of up to one year in jail and fines increasing up to $2,000.

If you have been accused of torture of an animal, you could face the punishments as harsh as those associated with a Class D felony. As with other felonies, a Class D felony can result in prison time and severe fines.

Keep in mind that additional charges may apply if you are also charged with videotaping or recording animal abuse or if you have also stolen an animal. Each case is examined on an individual basis to determine if you could face charges.

How Can You Defend Yourself Against Animal Abuse Charges?

The best way to fight back against potential allegations of animal cruelty is to hire a criminal defense attorney. Many people may think that hiring an attorney shows the world that they are guilty, but this is simply not true, and an attorney's help can be vital to your case.

Several defenses are available to fight back against animal abuse charges. One prominent defense is that of self-defense. Perhaps you had to harm an animal because it was attacking your or your child, for example. Some modes of self-defense may be considered justified according to Missouri's criminal justice system.

You may also be able to claim that you were defending your livestock. For example, dogs may have been attacking animals on your farm and you were forced to act quickly before your animals were killed.

Intent is one portion of the law. You may be able to defend yourself in court by claiming that actions you took that harmed an animal were unintentional or unknown. For instance, you may not have known that an animal was ill or injured and needed medical attention.

Ultimately, the prosecution has the burden of proof. The team must be able to show that you acted not only negligently, but also out of cruelty.

David Naumann & Associates provides legal services for those contending with criminal charges. Call our office today to set up a consultation with an attorney who understands your situation and is willing to work hard to get you out of it. You have rights, and you have legal options.

Possible Defenses to Drug Possession

Sun, 24 Mar 2019 16:00:00 GMT

You don't deserve to go to jail for drug possession just because the police found some illegal drugs on your property. What if the drugs weren't yours or the police bungled up their investigations? Here are some of the viable defenses that may apply to you if the police charge you with drug possession.

Illegal Search and Seizure

Except for a few cases, the police don't have the authority to enter your property (say a car or house) to look for criminal evidence. The police must either have a probable cause or a search warrant from a judge.

Therefore, if the police didn't have a warrant or a reason to enter your house in the first place, you can defend yourself with an illegal search and seizure claim.

Keep in mind, you may need a lawyer to help you prove that your case doesn't fall among the exceptions granted by the government to the police in such cases.

Coercion

Coercion (or duress) is a defense used in various crimes, and you can also use it to defend drug charges. The defense applies if someone uses actual force or the threat of force to make you commit a crime. You may have to prove that you had a reasonable fear for your life, the threat was immediate, and you couldn't escape the threat.

For example, the police may be after your cousin whom they think is a drug dealer. Your cousin, who lives next door, bursts into your house, hides a packet of drugs under a loose floorboard, and threatens to stab you with a knife if you talk to the police. In such a case, you can use coercion to defend yourself if the police find the drugs.

Unwitting Possession

Unwitting possession applies if drugs were found on your property or person, but you were unaware of the drugs. For example, your brother may give you a package to deliver. If the police stop you and discover drugs in the package, you can use unwitting possession to avoid a conviction.

Drug Overdose Immunity

Some immunity from drug possession charges exists under certain circumstances. A classic example is drug overdose immunity. The law recognizes that a drug overdose can cause permanent injuries or even death. This immunity, which may provide some protection to the individual reporting the overdose, was created to encourage people to seek medical assistance when needed.

For example, if someone is about to suffer drug overdose in your car and you call the emergencies for help, the authorities may not prosecute you for drug possession. However, you may need to prove that you didn't use the drugs or supply the user with the drugs to succeed with this defense.

Missing Evidence

If the police charge you with drug possession, they need to produce the actual drugs they arrested you with as evidence during your trial. The government requires this as confirmation that you did possess the substances with which the police arrested you, and the substances are drugs. Missing evidence can weaken your case or get the court to dismiss the case.

Lack of Ownership

You may also be able to escape a drug conviction if you can prove that you didn't own the drugs that led to your arrest. The defense may apply, for example, if the police find drugs in a common area of a shared apartment and arrest you for the drugs. Another example is when the police arrest you for drug possession after they find drugs in a car with multiple passengers.

Drug charges are serious and can send you to jail for many years. Contact David Naumann & Associates for help as soon as possible if the police arrest you for drug related charges. We will analyze your case and apply the most appropriate defense.

Understanding Mistrials in Criminal Court

Wed, 23 Jan 2019 16:00:00 GMT

Mistrials are common in cases where the stakes are high, such as murder trials. Jury deliberations can be long and difficult, and making a decision may be difficult for a group when the defendant faces life in prison or even the death penalty.

Of course, murder cases are not the only time mistrials occur. Bill Cosby faced an infamous mistrial in a case of sexual assault, and many other cases have ended the same way. By the end of a mistrial, many people might feel as if justice will never be served because the trial had no conclusion.

If the idea of a mistrial is confusing, keep reading. State and federal laws are clear about how mistrials work.

What Is a Mistrial?

conclusion, so the defendant does not have either a guilty or not guilty verdict. The prosecution will then need to determine how to best proceed with the case.

What Causes a Mistrial?

A judge may call a mistrial for many reasons. For instance, somebody may have made a statement in front of the jury that prompted prejudice toward the defense. In this case, the defendant's right to a fair trial has been sabotaged.

Some things happen outside the power of the defense or prosecution. The court may call a mistrial if an attorney or member of the jury has passed away during the trial.

Jury selection errors also lead to mistrial. Perhaps a juror was actually a relative or friend of the victim or defendant. Or maybe a juror participated in misconduct. For example, a juror may have researched the case at home in spite of jury instructions not to.

Finally, a mistrial happens when the jury is deadlocked at the trial's end. When the court requires a unanimous decision, this is a big problem.

What Happens After a Mistrial?

After a mistrial, the court may bring an individual back to trial later or the prosecution may choose to drop all charges. If they drop the charges, this means, in the law's eyes, the trial never happened and the prosecution never brought charges against the defense.

You may wonder if a mistrial triggers the double jeopardy clause, which is where a person is on trial for the same offense. It does not. An individual can be tried for the same crime if the original court case did not result in a valid conclusion. This means the court can schedule another trial in the near future.

If the prosecution wishes to pursue the trial, the defendant may choose to accept a plea bargain. This may happen if the defendant believes he or she may be found guilty during the second trial.

Is a Mistrial Bad?

Mistrials pose problems for both the prosecution and the defense. Not only does going through another trial mean additional wasted financial resources, but also means calling in witnesses and experts once again.

For both sides, a retrial means that each knows the information the other will present. As a result, each side has a better opportunity to rebut. Few opportunities to spring a surprise on the other side are present at this point. Both parties have more time to support their cases.

What Can You Do to Prevent a Mistrial?

If the law has charged you with a crime, you need assistance from a qualified and experienced criminal defense attorney. If you are ready to work toward your defense, you have several options to choose from in Missouri. Call David Naumann & Associates to see how we can fight for you.

Facing Charges of Prostitution in Missouri

Sun, 25 Nov 2018 16:00:00 GMT

In 2016, American law enforcement officers arrested more than 38,000 people on prostitution-related charges. A total of 415 of those arrests occurred in Missouri. Missouri does not allow the exchange of money for sexual contact, and charges resulting from prostitution or patronizing prostitutes can run the gamut on severity.

Being charged with any kind of crime, including prostitution and patronizing, can be intimidating. This article details some of Missouri's laws surrounding these crimes, as well as what you can do about these charges.

Prostitution Laws

In Missouri, prostitution is a Class B misdemeanor. In addition to the sexual acts themselves, the charge may consist of offering or agreeing to offer sexual contact for money and other valuables.

An exception is made for cases in which the individual engaged in prostitution is knowingly infected with HIV. In this case, prostitution is a Class B felony. The consequences include up to 15 years of imprisonment. If you have multiple prostitution arrests in your past, the courts can mandate an HIV test.

If you are found guilty of a Class B misdemeanor, you may face up to 6 months in jail and a fine. In some cases, the court will demand you complete a drug or alcohol rehabilitation program as well.

If you have a history of prostitution charges, you could be facing a Class D felony instead. This would leave you with up to 7 years in prison or a fine of either $10,000 or twice the amount of money you expected to gain from the transaction in question.

Patronizing Laws

Individuals accused of buying sexual favors face charges of patronizing. You may be charged with patronizing if you provide money or valuables in exchange for sexual contact or even if you offer or agree to do so.

Patronizing, much like prostitution, is a Class B misdemeanor. This means that being found guilty of these charges can leave you with six months in jail and a fine.

You will face even harsher penalties for patronizing if the individual offering sexual services is under the age of 18. It does not matter if you did not know the individual to be a minor at the time of the solicitation. The punishment may be a Class A misdemeanor (punishable by up to one year in jail and a fine of $2,000) or a Class D felony, depending on the individual's age.

Defense Against Prostitution or Patronizing

Several legal defenses are available for individuals facing these charges. Working with a criminal defense attorney gives you the opportunity to argue your defense in court. Your attorney does their best to keep you out of jail.

It is important to defend yourself against charges whether they are on prostitution or patronizing. A conviction could impact your personal and professional life. For example, the state could revoke your teaching certificate.

You should also defend yourself against these charges, even if they are originally misdemeanors, because you may face stricter penalties if you have prior convictions. In fact, the misdemeanor charge could be propped up to a felony if your case involves extenuating circumstances.

Building a defense for your case involves a thorough investigation of the charges. When you hire a criminal defense attorney, he or she directs research to gather as much information about your case as possible. This may include an investigation into whether or not your case involved entrapment or another illegal maneuver on behalf of law enforcement.

If you are facing criminal charges based on solicitation or prostitution charges, you need a strong legal defense. David Naumann & Associates can defend you in court, representing your rights and best interests. Call our office today to learn more about your legal options.

Hit-and-Run Defense in Missouri

Thu, 04 Oct 2018 16:00:00 GMT

Hit-and-run car accidents are serious and often even fatal. Even if you were not at-fault for the initial accident or you caused two other cars to hit each other, you may face charges in criminal court.

When you are involved in a car accident, you have several responsibilities, including pulling over to a safe location to exchange insurance information. You must also provide assistance for anybody who is injured and await any necessary police or ambulance response.

Missouri enforces strict laws regarding leaving the scene of an accident, and the penalties can be serious. While a hit-and-run is often a Class A misdemeanor, the charge may be elevated to Class E in the event that an individual was injured in the accident or the cost of damage is more than $1,000 . Charges may be elevated again to a Class D felony if the accident resulted in death.

Fortunately, you can work with your legal team to build a solid defense regarding your hit-and-run charges. If you experienced these conditions surrounding the accident, you could build a strong case.

Involuntary Intoxication

Many drivers may leave the scene of an accident because they are driving under the influence and do not want to face the associated consequences. However, if you left a bar or party and did not realize you had been drugged, you might not have all your faculties about you.

While proving you were intoxicated involuntarily may be difficult, an attorney will help you find witnesses and other evidence. Your attorney must demonstrate that you had a lack of intent to leave the scene and would have stayed if not for the involuntary intoxication.

Emergency Response

Perhaps you were on your way to the hospital or you were in the midst of a medical crisis. Your medical condition may even have prompted you to be unable to realize you were in an accident in the first place.

Diabetic shock and seizure may prompt a driver to be in an accident, but this is not necessarily a defense on its own. You need an attorney to help you examine if this is the best defense for you.

Ignorance of Accident

The possibility of hitting a person, vehicle, or object without realizing it may be slim, but you can make a case based on simply not knowing you hit anything. If you can prove you were unaware of the accident, you may face smaller charges based on reckless driving or negligence.

Limited Injuries

If you were the only individual injured or suffering from damage caused by the accident, you could have a good case. In court, you must prove that nobody else was significantly impacted by the accident.

Unsafe Conditions

In some situations, you may not find pulling over to be a safe option. Perhaps the other individual involved in the accident was threatening you or you were on a busy, dark road and felt the other individual caused the accident on purpose to trap you.

On the other hand, you may run into some issues if you use this defense but did not call the police or another emergency number.

Defending against hit-and-run charges is often difficult because many defendants do not have the ability to support their claims with photos, videos, and other types of evidence. But accident reconstructionists can help you build a case. Your attorney also helps you gather evidence, including medical bills and witness statements, so you can present the best possible defense in court.

Are you looking for a solid defense? David Naumann & Associates may be able to help you. Call our offices today to set up a consultation with our professionals.

Personal Injury Cases and Auto Accidents

Mon, 06 Aug 2018 16:00:00 GMT

If you've been injured and you feel like someone else may be responsible, you might be wondering if you're due compensation for your injuries.

While a variety of factors are taken into consideration when determining liability in a personal injury case, there are a few important things that you should know before pursuing a lawsuit.

Determining Negligence

You're expected to exercise caution and avoid causing injury to others whenever possible. For example, if your porch railing is broken, you can be reasonably expected to fix it so that visitors to your house don't get hurt walking up the steps.

Another example is you're expected to operate a vehicle as safely as possible and without impairment.

In order for someone to be held liable for someone else's injury, it will have to be determined that an average person would have done more to prevent the incident or dangerous condition that caused the injury. If it can be shown that the at-fault party did not exercise a reasonable amount of caution, they may be found negligent.

For example, let's say you're injured in an accident caused by a drunk driver. In this situation, since the drunk driver didn't exercise care to avoid causing a dangerous situation, he would be considered negligent and likely responsible for damages.

It's common knowledge that alcohol impairs a person's ability to drive, and therefore a reasonable person is expected to avoid driving under the influence. Incidentally, auto accidents are a leading cause of injury in Missouri.

Comparative Negligence

Missouri is a comparative negligence state, which means that the amount of your settlement may be reduced by the degree to which you're found at fault.

For example, if you were distracted when another driver hit you, you may be found to be partially at fault. Let's say you prove $80,000 in damages and are found 20 percent at fault. Your settlement would be reduced by 20 percent, and you would recover $16,000 in damages.

Compensatory Damages

If you file a personal injury lawsuit, your attorney will be seeking compensatory damages for the various ways in which the injury has affected your life. If your life has been minimally impacted by the injury, it's probably not worth pursuing a lawsuit.

However, there are several types of damage considered by the court system in a personal injury suit, some of which you may not be aware of. For example, if the injury has affected your social life or your marriage, these factors will be taken into consideration when awarding damages.

Here are some of the primary factors considered by the court when determining the damage awarded in a personal injury lawsuit:

Income from missed work, along with lost income potential in the future
Medical bills resulting from the injury and any resulting conditions
Pain and suffering caused by the accident
Relationship issues caused by the injury, directly or indirectly
Loss of enjoyment of life, including loss of ability to participate in hobbies and social events
Property damage resulting from the incident

Many factors are taken into account when determining the amount of compensation. You may be entitled to compensation under the law.

Punitive Damages

In certain cases, you may be awarded punitive damages. These are intended as additional punishment for the at-fault party and are usually limited to cases where the injury was intentional or the negligence involved was extreme. However, punitive damages are relatively rare in personal injury suits.

If you've been injured, don't hesitate to contact an attorney. The state puts a limit on how long you can file a claim after you've been injured. The statute of limitations in Missouri is five years, which is longer than most states. However, if you wait too long to file, your suit could be dismissed. Contact the experienced attorneys at David Naumann & Associates for a consultation.

What Happens If You Plead Guilty to Running a Red Light?

Thu, 19 Jul 2018 16:00:00 GMT

In Missouri, running a red light is a moving violation. A subsequent ticket can have significant implications for your driving record and insurance premiums. If a police officer pulls you over for not stopping at a red light, you have the right to fight the ticket in court, whether or not you think you are guilty.

Pleading guilty may seem like the right thing to do, but this may not always be in your best interest. Read on to find out about pleading guilty and your legal options when you run a red light.

Guilty Plea

Even if you think you violated a traffic law, you are not obligated to plead guilty. The burden of proof lies with the prosecutor who has to convince the judge that you indeed violated traffic laws.

Many people wrongly assume that pleading guilty will help to avoid a lengthy court trial process. All you need to do is sign the back of the ticket and consequently plead guilty. This allows you to pay the fine and avoid going to court.

If you ran a red light and violated other traffic laws at the same time, you might not be able to avoid traffic court altogether. The officer who stopped you might require that you make a court appearance.

In traffic court, you have the option of pleading guilty with an explanation. This means pleading guilty and providing the judge with a good explanation of why you violated traffic laws with the hope that the judge will reduce or suspend the fine.

Even with the best explanation, you have no guarantee that the judge will suspend or lower your fine. A better approach would be to work with a skilled traffic attorney to prepare a good defense against your traffic citation.

Driving Record Points

If you plead guilty and pay the ticket, you will accumulate demerit points on your driving record. In Missouri, violation of state stop sign laws will result in two demerit points and violation of county laws will result in two points too.

Violation of municipal stop sign ordinances will result in one point for an infraction that did not result in an accident and two points for a stop sign infraction that resulted in an accident.

One or two demerit points may not do much harm to your driving record. However, accumulating eight or more points within 18 months will result in the Department of Revenue suspending your driving privilege.

Repeat traffic violations and consequently an accumulation of demerit points could result in the Department revoking your driving license for a year. Pleading guilty to a traffic violation could easily tip the scales against your favor, especially if you have already accumulated demerit points on your driving record.

On the contrary, pleading not guilty gives you a fighting chance to avoid accumulating demerit points altogether or accumulating more points.

Plea Bargain

In some instances, for example, where you have no evidence to defend against a ticket so the judge will likely find you guilty, and you want to avoid accumulating points on your record, pleading guilty may be your last resort.

A skilled traffic attorney can help you negotiate a plea bargain deal with the prosecutor. This means you plead guilty, pay the fine (which might be higher than the original fee), and have the infraction reduced from a moving to a non-moving traffic violation.

A non-moving traffic violation will not add points to your record and will not affect your insurance rates.

Pleading guilty to an alleged offense, including a minor traffic infraction, should not be your first course of action. Your best bet is to seek advice from an experienced attorney to discuss available legal options.

If you have received a traffic citation, get in touch with the skilled attorneys at David Naumann & Associates in St Louis, MO, to help you prepare a strong defense.

How a Criminal Record Could Impact Your Life

Thu, 12 Jul 2018 16:00:00 GMT

When you are charged with a crime, the main thought on your mind is probably getting out of jail and resuming your normal life.

However, the time in between being charged and going to court is an important time. During this time, you should secure the help of a qualified lawyer to represent you in court.

If you don't secure this help, the chances of facing a criminal conviction are high. You may not think a criminal conviction is not a big deal, but it is. It can impact your life in many negative ways and can leave you with a lifelong record.

Problems With Professional Licenses

In America, if you are convicted of a crime, you can run into trouble with any professional licenses you may hold or wish to hold.

When you are seeking a license to do a job, whether that be to become a hairstylist, an attorney, or anything in between, you will often be asked to reveal any criminal convictions on your record. In some cases, convictions may disqualify you from receiving a license. In others, you will have to stand before a licensing board, explain your convictions, and then hope that the board still allows you to receive a license in spite of them.

If you already have a professional license of some kind, it could be revoked or limited based on the details of your conviction.

Obviously, you do not want to deal with these kinds of consequences, which is why it is in your best interest to avoid a criminal conviction if you can.

Difficulty Obtaining Custody of a Child

Another potential impact of having a criminal record is that it may impact your ability to retain custody of a child.

When people go through divorces and children are involved, hearings related to child custody and visitation will take place. A parent who has a criminal history, especially a violent one, may have a much harder time obtaining child custody or even visitation.

If you have children, then you absolutely need to do everything you can to avoid having a criminal record.

Limited Employment Opportunities

Perhaps one of the worst consequences of having a criminal record is how hard it makes getting a good job.

Most jobs will perform background checks before hiring you. Unfortunately, a lot of the time, if past criminal convictions show up on these reports, you will not be hired.

Even with employers that are willing to hire convicted criminals, the job pool is very large, and people without records are often picked over otherwise equal candidates with them. Not being able to find a good job can lead to a desperate cycle of poverty and perhaps more crime.

Difficulty Adopting Children

Just as criminal charges can make it difficult for parents to obtain custody of their children, they can also make it difficult to adopt a child.

Different agencies have different requirements for who can adopt children through them, and many agencies will not adopt to people with criminal records of any kind. Even if you can find an adoption agency that will adopt to you, birth parents may be less likely to select a convicted criminal to adopt their offspring.

Obviously, there are many consequences to having a criminal record. Aside from these listed here, you could have a hard time securing housing, getting or reinstating a driver's license, or obtaining firearms legally. Some convictions could even cause you to lose the right to vote.

The best way to avoid these problems is to avoid a criminal conviction, and the best way to do that is with quality legal representation. To get the representation you need, contact David Naumann & Associates as soon as possible following an arrest.

Factors That Can Turn a Speeding Violation Into a Jail Sentence

Thu, 07 Jun 2018 16:00:00 GMT

Everyone has been there - having someplace to be and not having enough time to get there. If your sense of urgency translated into you getting behind the wheel and speeding, you need to understand that you could be facing severe consequences.

Although fines are typically synonymous with speeding violations, this isn't the only option the law has. Understand that a need for speed could land you behind bars.

Basic Speeding Law

Missouri operates under a basic speeding law, which means that all motorists are expected to travel at a speed that does not endanger other motorists or any nearby property. This law is independent of the speed limit, as the driving conditions also determine whether a driver is in compliance.

For example, traveling 65 mph on the road with limited visibility due to heavy rainfall is a violation of the basic speeding law, even if the posted speed limit is 65 mph. A basic speeding law violation is a class B misdemeanor punishable by a fine and time in jail.

Violations History

As with all other types of violations, the record of the defendant matters. A driver with a history of violations for speeding or other traffic infractions may be more at risk of a jail sentence than someone who doesn't have any violations on their record. In addition to traffic violations, a lengthy criminal history can also be a contributing factor.

For example, an individual on probation could receive a jail sentence for speeding, as a condition of release often includes avoiding any law violation, including speeding.

High Penalty Zones

Motorists in Missouri are expected to follow the speed guidelines on all roads, but in certain zones, sometimes referred to as high penalty zones, you need to take extra care to adhere to the law. Speeding in a school or construction zone can heighten the intensity of a violation, which could lead to greater fines.

If children are present, such as during school dismissal hours, or construction workers are present and working, the level of severity will only increase. This increase in severity remains even if no one is hurt.

Accompanying Violations

You can easily increase your risk of a jail sentence when driving over the speed limit isn't the only law you're violating. For example, if you were driving with a suspended license, you heighten the severity of the violation and possible penalty you face.

Even if you avoid an arrest at the scene, future additional charges are possible. For more serious accompanying violations, such as having drugs in the car or driving under the influence, you can be arrested on the scene and go straight to jail.

Failure to Appear in Court

If you fail to appear in court, you will significantly increase your risk of going to jail for a speeding violation. This is the case even if you have a clean criminal history and even if you weren't speeding in a high penalty zone or breaking any other laws.

In the state of Missouri, you are required to either appear in court or pay your fees prior to the appearance date. A warrant may be issued if you fail to do so and any penalty you have to pay will also increase.

Understand that being jailed for speeding isn't a common occurrence, but it is a possibility. You should always do your best to follow the law. However, in the event you find yourself in an unfortunate situation, you do have options to help you deal with the situation. If you're facing a serious speeding violation, at David Naumann & Associates, we are here to help you.

How to Recover From Your Injuries Without Destroying Your Workers' Comp Case

Thu, 05 Apr 2018 16:00:00 GMT

The workers' compensation program has provided relief to many people who have had to stop working or reduce their work after an injury on the job. It can be notoriously difficult to get an award, though, because the system is crowded. Despite many people's best efforts to simplify the system, the number of deadlines and applications can seem overwhelming.

Anyone who has been injured at work and who is facing a workers' compensation evaluation needs to have a lawyer working with them to ensure they miss no deadlines or paperwork submissions. But that's not the only way to prevent your case from going off the rails.

As time goes by, you'll begin to recover and be able to do more and more. But there is a risk that you'll accidentally send your case into the reject pile if you do something that looks like you're too functional to need compensation. Here's how to recover and regain your life without destroying your chances of getting a workers' compensation award.

Lock Down Social Media

It is very common now for insurance companies to look at social media accounts for pictures and descriptions of anything that could be used as proof of workers' comp fraud. This includes not only looking for pictures of you doing things that you claimed you couldn't do on your application but also finding status updates, tweets and more that could be construed as proving you live a normal life though you claim to have been severely injured.

Lock down your social media. Turn Facebook settings to "friends only" and do not friend anyone you don't really know. Many people like to friend whoever sends them a request; after a workers' comp claim, there's a good chance some of those people could be insurance investigators.

Make other social media settings private, but watch out on Twitter. Anyone who is already following you when you make your account private can still see your tweets. You may want to severely curtail your use of that system if you have followers you can't identify.

Assume You're Under Surveillance

When you go out, assume someone's watching. Even if investigators aren't tailing you, society might be doing so. The easy availability of phone cameras has also brought a culture of shaming along with them, with people posting videos of strangers in the street.

If you're caught on one, even in the background, doing something that looks like an activity you were supposedly unable to do (e.g., arguing with another driver after an accident when you said you couldn't drive due to your injury), that could ruin your case and get you charged with fraud.

The worst part is that even if you were doing something that was allowed by your doctor, you could have a tough time for a few months as the case is straightened out.

Keep Everyone in the Loop

Everyone in your case - your doctors, lawyers, workers' comp representatives and employers - should be kept in the loop. If you have recovered to the point where you can now take on extra physical activities, like safely operate a car, everyone needs to know so that no one thinks you were trying to pull a fast one.

Let people know if you're going on vacation - and get your doctor's OK first. Always, always get very specific guidelines from your doctor about what you can do, and then follow those instructions. If you can prove that you have been thoroughly honest and doing only those activities that your doctor allowed, you stand a much better chance of having your claim approved and having your money stay with you rather than being recalled by a court.

Get a workers' compensation lawyer on your side so that you can concentrate on recovery rather than form after form after form. David Naumann & Associates is a law firm that knowns Missouri workers' comp law and can help you proceed with your claim.

Charged With a DUI Or DWI? Here's What You Need to Know

Tue, 19 Sep 2017 16:00:00 GMT

Roughly 20% of Americans admit to driving while under the influence, and the real numbers are potentially even higher. If you have been caught drinking and driving, you are not alone, but you are likely to feel alone as you navigate this scary situation.

Driving under the influence of drugs or alcohol can result in jail time, fines, loss of your license and other serious penalties, and rather than tackling the issue alone, you need a skilled defender in your corner. First, here's what you need to know.

1. Refusing the Blood Alcohol Test Can Have Serious Penalties

Some people believe that they can potentially reduce their punishments by refusing the take the blood alcohol test. This is not true. Missouri has implied consent laws. That means that you automatically consent to the blood alcohol test when you use the roads.

You can refuse the test, but if you do, your driving license will be automatically revoked for a year. If you submit to the test, you may not lose your license for that long even if you have a high blood alcohol content.

2. You Can Lose Your License for 30 Days with the First Offense

Generally, in Missouri, you lose your license for 30 days if you are convicted of a DUI and it's your first offense. After that, you typically have to go through a 60-day period of restricted driving. The details can vary, but generally, you have restrictions such as only being able to drive to work and back.

Once you get your license back, you may have to have an ignition lock on your vehicle. That requires you to exhale into a breathalyzer before you can start your car.

3. Jail Time Is a Possibility Even for a First Time Offense

If you have been accused of a DUI or a DWI, you need to take the charges seriously. Even if it's just your first offense, you can get up to six months in jail. Luckily, though, there is no mandatory minimum in Missouri. With the right legal counsel, you may be able to avoid jail time altogether.

4. The First Offense Can Be a Felony Conviction

In most cases, a first-time offense ends up being a misdemeanor charge. That's true whether you get jail time or not. However, in some cases, even a first offense can turn into a felony conviction.

In particular, if someone was injured while you were driving under the influence of drugs or alcohol, you may be charged with a felony. Additionally, if your blood alcohol level was particularly high or if your license was suspended, that can also lead to a felony conviction. Once you get a felony, that stays on your record permanently. It can affect your ability to get a job or pass a background check.

If any of those conditions are at play, you should not deal with the charges on your own. You should consult with an attorney who has experience fighting criminal charges and DUIs in particular.

5. There Are Ways to Reduce Your Penalty

Regardless of your blood alcohol level or any other details of your case, there are always ways to reduce the potential penalties for a DUI or DWI. An experienced lawyer can bring up all sorts of points to encourage the judge to lessen the charges and agree to the lowest penalties possible.

In almost all DUI convictions in Missouri, you have to enroll in classes with a substance abuse traffic offender program, but your lawyer can also point you toward other activities that may help reduce the charges. That can include counseling, voluntary probation or numerous other steps.

If you have been charged with a DUI, DWI or a similar crime, don't try to deal with the courts on your own. Instead, get an experienced professional in your corner. Contact David Naumann & Associates for help today.