Criminal Defense

 

 

 

 

 

 

Criminal

Types of Crimes

Our attorneys have successfully defended every type of criminal case, including homicide, sex crimes violent crimes, white collar crimes, drug crimes, and crimes related to weapons.

DWI – DUI and traffic violations
Drug charges
Aggravated Felonies
Theft, Robbery and Burglary
Fraud
Sex Crimes
Homicide
Protection Orders
Domestic Violence
Gun crimes


All Aspects to the Criminal Process

The attorneys of Kozeny and McCubbin have significant experience engaging in thorough and complete discovery, pre-trial challenges and motions. Our attorneys are adept at trial strategy, trial preparation and jury selection; as well as, appeals, post-conviction relief, habeas proceedings, and expungements. Indeed, our attorneys are skilled at every aspect of representing those accused of crimes. Our attorneys have experience in Federal, State, Municipal, and Tribal Courts.

Serious Business

Criminal charges are serious matters but even a simple traffic ticket can have a long term impact on your life. Therefore, our attorneys’ work hard providing you a vigorous defense in order to nullify or mitigate adverse impacts while keeping you well informed.

Experience

No matter how serious the crimes are you are facing you need an experienced criminal attorney to defend your rights. Our attorneys have decades of experience defending the rights of the accused. While prosecutors and law enforcement take every available measure to prove your guilt, our attorneys and staff make sure you get every protection of due process and procedure that the law provides and work hard to ensure the best possible results in each case, no matter its severity.
Our attorneys provide defense counsel to individuals charged with crimes throughout the state of Missouri. We handle criminal cases ranging from traffic tickets, DWI’s and drug offenses, up through felonies, including unlawful use of a weapon, self-defense and other weapons offenses . Our attorneys will investigate the charges, review the evidence, as well as the credibility of any testimony, and advise our clients on the best course of action in resolving the allegations. We will also confirm that law enforcement had probable cause to conduct any search, seizure or arrest, and whether or not our clients were properly advised of their constitutional rights.

WEAPONS OFFENSES UNDER CHAPTER 571 RSMO

Chapter 571 RSMO sets forth weapons offenses.  Familiarity with these statutes is important to anyone who owns, possesses or carries a weapon.

SELF-DEFENSE / DEFENSE OF JUSTIFICATION UNDER CHAPTER 563 RSMO

Taking an action which results in the death or serious injury of another person in Missouri is a criminal act.  However, in certain instances, that criminal act may be justified and excused under the law depending on the facts and circumstances under which it occurred.  Anytime a person is forced to defend themself, and death or serious injury to another occurs, that person’s liberty is in serious jeopardy and an attorney should be engaged at the earliest possible time following the incident.  No communication should occur with law enforcement or any other person regarding the incident until you have consulted with your attorney.

RESTORATION OF FIREARM RIGHTS

The subject of restoration of your 2nd Amendment rights following a criminal matter can be subtle and complicated.  For example, there is a difference between a conviction on the merits of a felony and a plea of guilty to a felony.  And restoration of your 2nd Amendment rights is not guaranteed.  Specific attention must be given to restoration of these and other rights.  For a general discussion of the topic, see the material at the Collateral Consequence Resource Center.

SELF DEFENSE INSURANCE AND PREPAID LEGAL PLANS

If the worst day of your life happens and you are forced to defend your life or that of your family, the last thing you want to worry about is how to pay for your legal defense.  There are a number of options available for individuals who bear arms for self-defense.  Some of these options are “pre-paid legal” funds, and some are insurance backed plans.  We have no ownership interest in any of these plans, but will gladly work with any form of insurance or pre-paid legal plan that you have selected for your legal defense strategy.  We do not endorse or recommend any particular plan.  Although not an exhaustive list, some of these plans are referenced in the table below:
Plan Description of Plan Links and Downloads
Criminal Defense US Law Shield Vendor WebsiteBuyer’s Guide
Criminal Defense US Concealed Carry Association Vendor WebsiteBuyer’s Guide
Criminal Defense Armed Citizen Legal Defense Network Vendor WebsiteBuyer’s Guide
If you do not see your particular plan listed, please let us know and we will check into it. We strongly encourage you to establish a retainer relationship with us regardless of your payment method in order to be prepared in the unfortunate event that you are forced to defend your life or that of your family.  We have a number of retainer options available and will be happy to discuss those with you free of charge.
In the law, a juvenile is defined as a person who is not old enough to be held responsible for criminal acts. In most states and on the federal level, this age is set at 18 years. In some states a juvenile is under the age of 17, and in New York, a juvenile is a person under the age of 16. These age definitions are significant because they determine whether a youthful offender accused of criminal conduct will be charged with a crime in adult court or will be required to appear in juvenile court.

Juvenile courts generally have authority over three categories of children: juveniles accused of criminal conduct; juveniles neglected or abused by their care givers or in need of assistance from the state; and juveniles accused of a status offense such as school truancy or running away from home.

Most states separate juveniles based on the reason for their court appearance and the facts of their case. Many states have created three categories for juveniles: delinquents, abused or neglected children, and children in need of services.

Navigating the juvenile justice system is terrifying for the parent and child alike. No one wants to see a child suffer a lifetime of consequences because of an inability to defend. To learn more about the juvenile justice system contact our office to schedule a free consultation.

EXPUNGEMENT

Missouri has traditionally been a very unfavorable state when it comes to expungement. With the passage of SB588, effective January 1, 2018, expungements will be available in Missouri for a wider spectrum of offenses. As of January 1, 2018, almost 2,000 new offenses can be "expunged" in Missouri. I put the word "expunged" in quotations because the Missouri procedure is not a pure expungement model whereby the records are permanently destroyed. Rather it functions to seal the conviction and/or arrest records for most purposes. When applying for certain types of employment, you must still disclose your expunged arrests and convictions (where your employment requires an application for a license, certificate or permit issued by the State of Missouri to practice your profession, and areas of employment that require a license, certificate, or permit from the State of Missouri (law enforcement, emergency services, gambling, insurance, banking, etc).

WAITING PERIOD

For eligible offenses, misdemeanors can be expunged after 3 years and felonies after 7 years which is much quicker than the 10 and 20 year waiting periods previously.

OFFENSES WHICH CANNOT BE EXPUNGED Although almost 2,000 new offenses can be expunged in Missouri, there is a significant list of those which cannot, including these general categories:

o Class A felony offenses
o Dangerous felonies as defined in section 556.061 of Missouri statutes
o Any offense that required registration as a sex offender
o Any felony where death is an element I the offense
o Any felony offense of assault
o Any misdemeanor or felony of domestic assault
o Any felony or offense of kidnapping
o Intoxication-related offenses

The following is a more comprehensive list of the offenses which CANNOT be expunged:

• Any class A felony • Any offense that requires registration as a sex offender • Any felony where death is an element of the offense • Any felony assault • Any domestic assault • Any felony kidnapping • Any ordinance violation equivalent to an ineligible offense • Any motor vehicle offense or violation when the individual has a CDL • 556.061: Any dangerous felony • Ch. 566: Any offense listed in chapter 566 (sex offenses) • Ch. 577: Any intoxication-related traffic, boating or aircraft offense • 105.454: Additional prohibited acts by certain public officials and employees • 105.478: Violation of lobbying and conflict of interest laws • 115.631: Class one election offenses • 130.028: Discrimination or intimidation related to elections • 188.030: Abortion of viable unborn child • 188.080: Abortion performed by other than a physician with hospital privileges • 191.677: Prohibited acts related to HIV • 194.425: Abandonment of a corpse without notifying authorities • 217.385: Violence or injury to property or others in the DOC • 334.245: Abortions performed by someone other than a licensed physician • 375.991: Fraudulent insurance act • 389.653: Trespass to railroad property • 455.085: Violation of protection order • 455.538: Violation of protection order • 557.035: Hate offenses • 574.140: Cross burning • 565.120: Kidnapping, 2nd degree • 565.130: Kidnapping, 3rd degree • 565.156: Child abduction • 568.020: Incest • 568.030: Abandonment of a child, 1st degree • 568.032: Abandonment of a child, 2nd degree • 568.045: Endangering the welfare of a child, 1st degree • 568.060: Abuse or neglect of a child • 568.065: Female genital mutilation • 573.200: Child used in sexual performance • 573.205: Promoting sexual performance by child • 568.175: Trafficking in children • 569.040: Arson, 1st degree • 569.050: Arson, 2nd degree • 569.055: Knowingly burning or exploding • 569.060: Reckless burning or exploding • 569.065: Negligent burning or exploding • 569.100: Property damage, 1st degree • 569.160: Burglary, 1st degree • 570.025: Robbery, 2nd degree • 570.030: Stealing • 570.090: Forgery • 570.100: Possession of a forging instrument • 570.130: Fraudulent use of a credit or debit device • 570.180: Defrauding secured creditors • 570.223: Identity theft • 570.224: Trafficking in stolen identities • 570.310: Mortgage fraud • 571.020: Possession, manufacture, transport, repair or sale of certain weapons • 571.030: Unlawful use of weapons • 571.060: Unlawful transfer of weapons • 571.063: Fraudulent purchase of firearm • 571.070: Possession of firearm for certain persons • 571.072: Unlawful possession of an explosive weapon • 571.150: Use or possession of a metal penetrating bullet in a crime • 574.070: Promoting civil disorder, 1st degree • 574.105: Money laundering • 574.115: Making a terrorist threat, 1st degree • 574.120: Making a terrorist threat, 2nd degree • 574.130: Agro-terrorism • 575.040: Perjury • 575.095: Tampering with a judicial officer • 575.153: Disarming a police or correctional officer • 575.155: Endangering a corrections employee • 575.157: Endangering a mental health employee, visitor or other offender • 575.159: Aiding a sexual offender • 575.195: Escape from commitment, detention or conditional release • 575.200: Escape or attempted escape from custody • 575.210: Escape or attempted escape from confinement • 575.220: Failure to return to confinement • 575.230: Aiding escape of prisoner • 575.240: Permitting escape • 575.353: Assault on a police animal • 577.078: Water contamination • 577.703: Bus hijacking or attempt to hijack a bus • 577.706: Planting a bomb in or near a bus terminal • 632.520: Offender committing violence against an employee

PROCESS

Didn't see your offense above? Then read on. There are a few more basic requirements to qualify for your expungement. (1) the 3 or 7 year waiting period runs from the day you completed any probation, parole or sentence, NOT the date of conviction, (2) You must have satisfied all obligations of the conviction (for example, sentence served, fines and restitution paid, successful completion of your probation or parole, etc), (3) You have no pending charges at the time of your expungement hearing, (4) your habits and conduct demonstrate that you are not a threat to public safety, (5) The expungement is consistent with the public welfare and the interests of justice, and (6) during your lifetime, only one felony and two misdemeanors can be expunged (so you haven't gone through the expungement process before).

Assuming that your offense is not on the list above, and you meet the above list of qualifying requirements, the Petition process can take as little as 4 months. A petition would be prepared by our office and filed with the court in the county in which the offense was prosecuted, and we'll need the name of all municipal prosecuting attorneys, law enforcement agencies, courts and state repositories of criminal records. In other words, any entity that might have records of the crimes that you wish to have expunged. We must also list each and every offense you want expunged - we only have one shot at this. The State of Missouri has a 30 day period to file an objection to the petition. If an objection is filed, the court will hold a hearing within a 60 day period of time. If there are no objections, the court may hold the hearing in 30 days. You will have to appear in court and demonstrate that your behavior and conduct have changed since your release or completion of applicable probation or parole. And you'll have to generally show that your behavior has changed and you are a qualified candidate for expungement.

SUMMARY

That's it. If you see no impediments to your qualification for the process as described above, please contact us and we will be happy to discuss your case and let you know further details to get started. We look forward to hearing from you and assisting with your expungement matter.
Resources useful to our defense clientele.

For more information about criminal defense contact one of our team members:

THE CHOICE OF AN ATTORNEY IS AN IMPORTANT DECISION AND SHOULD NOT BE BASED SOLELY UPON ADVERTISEMENTS.

Attorney Direct Phone Email States of Licensure
Wesley T Kozeny 314-744-5680 wkozeny@km-law.com MO,KS,NE,OK,TX,IL,NY
Shawn Scharenborg 314-372-8998 sscharenborg@km-law.com MO,KS
Gary West 913-214-5034 gwest@km-law.com MO,KS
Carolyn Hebert 405-531-5304 chebert@km-law.com OK

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