THIS TIME, THE CUTE LITTLE (NEW-TO-HER) SPORTS CAR was blue, but you couldn’t tell in the dark. She was in a fabulous humor. She was celebrating Braxton’s guilty verdict. That jerk. Their relationship had not gone well after the whole business about getting arrested and all. She could not believe he had had cocaine! Well, that jury had done him right! She did not yet know that she was pregnant. The radio was blaring while she chattered into her cellphone, laughing over whatever was being said on the other end. She took over steering with her knee while quickly pecking out a response to a text. She was going approximately 62 in a 55 . . . and her driver’s license was still suspended . . . and she was now on probation. She noticed flashing lights in the distance behind her. She started cussing passionately. She pulled over and waited. Terrified, she was respectful with the officer. He gave her a ticket for speeding and driving while suspended, but he did not arrest her. He was kind enough to allow her to call someone for a ride. So embarrassing! The following morning, she called her probation officer. More embarrassing. Her probation officer told her she would wait to decide whether she was going to file a probation violation until after she had seen the police reports. She thanked her for letting her know right away. This surprised Alexis, because her P.O. was not typically a nice person. The next call was to Dan, her lawyer. Brutally embarrassing, and expensive! The secretary wanted to know if she was needing help with a criminal case, a probation violation, or a driver’s license suspension. Um? All of the above? She scheduled an appointment to see her lawyer.

POST TRIAL (AFTER TRIAL). Anything to be filed with the court after trial, asking the court to reconsider what may have happened during the court proceedings, are subject to very strict time limits. Post trial motions. Post trial motions come in different forms but are generally some kind of a request for the court to reconsider a ruling or decision that has already been made. Post trial motions are often limited to thirty days after a ruling, but it depends on what is being requested. If you are needing something to be reconsidered after trial, do not wait, talk to a lawyer immediately. Appeals. The defendant is entitled to file an appeal from a finding of guilty after a trial. There are very specific timelines that apply, and if the defendant fails to meet the timelines, the Court of Appeals will not hear his case. The standard to win an appeal is high, and there are no guarantees, but the Defendant is entitled to try if he desires to do so. The trial court’s judgment is generally considered final after thirty days, and an appeal must generally be filed by ten days after the judgment is final. The court of appeals generally does not tolerate late filings. Appeals are their own topic of litigation that are outside the scope or topic of this book. If you are in a position that you are needing to file an appeal, consult an attorney immediately. Expungements. An expungement is the process of having an arrest or conviction sealed, effectively removed, off a person’s record. Under Missouri law, a person is entitled to a very limited number of expungements in their lifetime, and only a limited number of offenses qualify for expungements. Many offenses do not qualify for expungement. Certain criteria must be met, and a lengthy wait period is required after completion of whatever disposition/punishment was assigned to the offense. The person seeking expungement must petition the court and notify all parties involved (the sheriff, the prosecutor, etc.), and formally request the expungement. This information is not intended as exhaustive and does not take the place of the advice of licensed counsel reviewing your situation. Discussing court processes with a lawyer is always in a person’s best interest.

MOTIONS IN LIMINE are motions filed ahead of time asking that certain information be allowed or not allowed during the trial. These are filed ahead of time, so the judge can make a decision about whether or not the information can be used in the trial, ahead of time, without the jury being present. These will likely be addressed during a pretrial conference , which will take place a few days to a few months before the scheduled trial date. Jury Selection. Trials begin with jury selection. The court clerk’s office will summon a group of sixty people, maybe more, maybe less. They send out sixty letters asking random people from the county to serve as jurors, and they assign each a number. The jury pool, the potential jurors, may come from a list of registered voters. Each juror is sent a questionnaire, with basic information about that person, like age, employment and level of education. Lawyers may want to investigate them further, such as looking them up on social media, to see what they can learn about them ahead of time. The jury pool is confidential, and lawyers must treat them with respect. There is no contacting jury members before trial. After the jury is called in, first the prosecutor, and then the defense have the opportunity to ask questions. They are trying to find out more about those people, to weed out the ones with biases against each side. Of course, a juror who might be good for one side likely would not be appreciated by the other. Each side gets to strike a handful of jurors of their choosing for any reason but race. During questioning, they can move to strike jurors they felt were unjustifiably biased. For example, if a prospective juror said that they would never, ever believe a cop’s word for anything, the prosecutor might want to strike that person from the jury. Alternatively, if a prospective juror came from a family of law enforcement and was going to believe the word of a cop over anything, perhaps the defense would want to strike that juror. Once all the prospective jurors that are going to be stricken have been removed, the jury panel is chosen in numerical order from the remaining prospective jurors. The first twelve of the remaining jurors are chosen, with perhaps one or two “alternates”, extras, in case one of the other jurors should have to leave due to an emergency or some other reason. Opening Statements. Once the jury has been sworn in or empaneled, each side has the opportunity to make an opening statement. The Judge will give each side a specific amount of time to speak to the jury about their case. The opening statement is not evidence, but it can discuss what that side believes evidence will prove. Because the prosecutor filed the case, the prosecutor gets to go first. After the prosecutor makes his opening statement, the defense attorney gets a turn to also make an opening statement. The Prosecutor’s Turn. Because the prosecutor filed the case, the prosecutor gets to go first. During this period of the trial, the prosecutor is trying to prove his case against the defendant, by presenting all the facts/evidence he has. Evidence can be in the form of eye-witness testimony, documents, pictures, objects, or anything else the prosecutor can present to try to prove his case. He is required to produce all his evidence to the defense in advance in discovery, and he is also required to produce a witness list in advance. The prosecutor will call each of his witnesses one at a time, and then he will be able to question his witnesses in his direct examination. During direct examination, the lawyer who called the witness may ask that witness open-ended questions to give that witness the opportunity to present what information they have to offer. An example of an open-ended question is: “Describe what you saw.” After direct examination comes cross examination during which the opposing attorney asks close-ended questions of the same witness. Close-ended questions supply the facts in the question and are framed so that the witness will answer either with yes or no. An example of a close ended question is, “You did not see anything, correct?” Once the prosecutor has presented all of the witnesses and evidence he has to offer, he will rest . This is the close of his case. He is done offering evidence.

What does custody include in Missouri? Custody in Missouri involves defining the relationship and rights each parent has with their children after a relationship breakdown. Both parents are presumed to have joint legal and physical custody, meaning shared decision-making and time spent with the child. However, this presumption can be challenged if one parent believes it is not in the child's best interest. What is the difference between joint legal custody and joint physical custody? Joint legal custody refers to both parents sharing decision-making powers regarding significant aspects of their child's life, such as medical care and education. Joint physical custody involves the time each parent spends with the child. Conflicts can arise if parents disagree on these matters, leading the court to reconsider joint legal custody. What factors does the court consider when making custody decisions? The court examines several factors, including each parent's willingness to cooperate for the child's benefit and ensuring the child's needs are met. The court assesses which parent is more likely to facilitate a healthy relationship with the other parent and evaluates the daily involvement each parent has with the child.  Where do disagreements between parents typically arise in custody cases? Disagreements often occur over time allocation and decision-making authority. Parents may focus on maximizing their time with the child, sometimes losing sight of what is best for the child. The challenge is to maintain a stable environment where the child continues to have strong relationships with both parents. What is a parenting plan and how does it factor into custody decisions? A parenting plan outlines communication, decision-making responsibilities, and financial obligations between parents. It specifies custody arrangements, expense-sharing, and health insurance coverage. The plan serves as a guideline for parents to follow, ensuring the child's needs are prioritized. When can custody arrangements be modified in Missouri? Custody arrangements can be modified every three years or if there is a substantial change in circumstances, such as job changes, relocations, or relationship changes. For visitation changes, any change in circumstances is often sufficient. Parents can also deviate from the plan if both agree, but significant changes may require court intervention. What qualifies as a substantial change in circumstances for modifying custody? Substantial changes include significant events like job loss, income changes, or moving to a new location. Minor changes, such as moving within the same neighborhood, may not qualify. The assessment is case-specific, considering the unique needs and circumstances of the child and family. What common misconceptions do people have about custody decisions? People often expect court outcomes to mirror pre-litigation arrangements, assuming consistent parental involvement. However, shifts in behavior during litigation can impact the court's decision. Consistent documentation of actual parenting time versus agreed time can be crucial in court, highlighting patterns and discrepancies.

BRAXTON, THE BOYFRIEND , made a different decision about how to handle his case. Charged with the class C Felony of Delivery of a Controlled Substance, he was facing between five and fifteen years in prison. The prosecutor made a plea offer to reduce the charge from Delivery of a Controlled Substance to simply Possession of a Controlled Substance, from a Class C felony to a Class D felony, with a five-year sentence, suspended execution of sentence (“SES”), five years’ probation, and a felony record. It seemed that Braxton had had a couple previous, minor possession-related charges, and the prosecutor felt that it was time to make him face some serious consequences. Braxton refused to accept the offer. He chose to exercise his right to trial.

PROBATION IN THE STATE OF Missouri comes in a couple of different formats. Again, if you are finding yourself in this position, you need to consult with an attorney to fight on your behalf. Probation is either supervised or unsupervised. Unsupervised probation may also be called court supervised probation. Court-supervised probation is simply supervised by the courts. The judge’s clerk may keep an eye on a person’s history, or a private supervision agency may keep an eye on it, or no one may keep an eye on it, unless that person reappears in court for something else. The probationer is generally required to advise the court of any arrests or law enforcement contacts (within 24 or 48 hours, or whatever the court has requested), and may impose other requirements. If the probationer fails to follow those requirements (i.e. picked up a new charge and didn’t tell the court), a probation violation may be filed. Supervised probation will be supervised by the Department of Probation and Parole (“ P&P ”). Supervised probation will come with acronyms like “ SES ” and “ SIS ”. Sometimes probation comes with shock time to be served or treatment (“ 120 ” or “ Long-Term ”), which as it sounds, is intended to shock the offender into never offending again. From time to time the term earned compliance credits ( ECC ) may come up. This is not an exhaustive list of probation-related conditions or acronyms. If you need additional information you should contact a licensed attorney in your jurisdiction to discuss your situation. SES stands for Suspended Execution of Sentence. In this scenario the defendant is sentenced to a term of years (in street lingo called a “backup”) in the Department of Corrections, but the execution of that sentence is suspended. The offender is placed on probation for a period of generally five years. As long as probation is successfully completed, the sentence will never be executed, or never have to be served. Issuance of an SES does result in a conviction on the offender’s record. If it is an SES on a felony, the offender will have a felony record. SIS stands for Suspended Imposition of Sentence. The court may say, “sentence is suspended.” In this scenario, no sentence is imposed, and the defendant is placed on probation, generally for a five-year term. As long as the offender successfully completes probation, no sentence will ever be imposed, and without a sentence associated with the plea, no conviction exists. Because no conviction exists, the offense, for Missouri’s purposes, basically goes away. After successful completion of probation, the probationer may complete a job application or a college application, and he or she will not have to disclose having been convicted of a felony, because they were not. Keep in mind that some applications are worded differently. If the application asks if a person has ever been arrested, the answer is obviously yes. Also professional licensing applications, like for the Missouri Bar for lawyers, will often include an ethics component where they will expect things to be disclosed, whether or not it stays on a person’s record. Prior offenses with an SIS may still be used to enhance new offenses (if you got a DWI a long time ago, and took care of it with an SIS, it can still be used to enhance a second DWI to a “prior offender” status). Also, Federal law and other states respond in different ways to Missouri’s SIS concept. If you anticipate legal contacts outside Missouri, this should be discussed with your lawyer.

SENTENCING MAY TAKE PLACE on the day of the guilty plea or trial, or it may take place on a later date. When sentencing and trial take place on separate days, that is called a bifurcated proceeding. With felony pleas, the Court will want to know whether the defendant wants a Sentencing Assessment Report or Sentence Advisory Report (“S.A.R.”) which will be prepared by the Department of Probation and Parol (“P&P”), usually within sixty days of the Court requesting it. Someone from P&P will meet with the defendant. The S.A.R. will cover the Defendant’s criminal history, mental health and medical history, family history, employment history, substance abuse history, and other factors, and also discuss the likelihood of recidivism , and ultimately make a recommendation to the Judge what they think the appropriate outcome is in this case (from probation to treatment to a number of years to be served in prison). The officer from P&P does not know to ask about mitigating or good activities that the defendant has engaged in during his lifetime. If he coaches little league soccer, is very involved in his church, earned employee of the year at work, or whatever the situation may be, the defendant should be sure to tell the person interviewing him about those things, so they can be included in the report. The S.A.R. will be made available to the Defendant’s attorney prior to sentencing, and the Defendant and his attorney should review that document together to make sure everything is correct. The court will review that document when deciding what sentence to issue.

ENTERING A PLEA OF GUILTY – Misdemeanors. The Court will first want to know that the defendant understands what he or she is pleading guilty to, as well as the range of punishment associated with that charge. The court will want to be sure the defendant understands the trial rights that are being given up by entering a plea of guilty, including the right to remain silent, that anything that the defendant may say could be used against him or her; the right to be represented by an attorney; the right to plead not guilty and proceed to trial; and the right to confront and cross examine witnesses at trial or subpoena witnesses to appear to testify at trial. There will be no trial after a guilty plea, and the right to an appeal is extremely minimal (basically with limited exceptions, there is no right to appeal) after entering a plea of guilty (swearing you did it). The court will want to know that the defendant is not under the influence of anything that could impair his judgment, that there is a factual basis for the plea, no potential defenses that could get him out of it, and that the defendant is pleading guilty because he IS guilty. Caution. People like to say, years after the fact, that they weren’t really good for it. They just plead out because they had to. They say their public lawyer made them, or that it was the only way to get out of jail, or that they took it for their girlfriend…. Whatever the excuse, if they said they did it, plead guilty, basically swore in court that they did it, they’re going to be stuck with it. It is no simple thing for someone to come back after the fact and claim they’re not good for something they plead to. Guilty pleas should be handled with great caution, at the advice of a licensed attorney. Entering a plea of guilty – Felonies. There are more rights at stake, and higher penalties, so the courts are far more detailed with felony pleas. The courts will also rarely accept a felony plea without the assistance of counsel. You need a lawyer to go through this process. There is too much at stake to not have a lawyer. If you are going through this process, get a lawyer! The felony guilty plea will include identifying the defendant, to verify they have the right person, that he can understand, read, and write the English language, that he understands what he is charged (accused) with, and the potential range of punishment associated with that crime. They will go over the specific facts of the crime the defendant is charged with, including the date and location. They will go over his trial rights, which include:

How does having children impact the divorce process in Missouri? Divorce can be emotionally challenging, especially when children are involved. Parents often find themselves not only dealing with the end of their relationship but also negotiating the future of their most cherished priorities, their children. The process becomes emotionally demanding as parents must balance their desires with what is best for their children. This emotional aspect can complicate decision-making, making it critical to remain focused on the children's well-being. Does the age of the children affect the divorce process? Yes, the children's ages can influence the divorce dynamics. For instance, teenagers often have stronger opinions and may be less likely to adhere to a strict custody arrangement dictated by a court. The needs and preferences of older children can add complexity to custody decisions. What feels most uncertain or overwhelming for parents at the beginning of the divorce process? Many parents are surprised by the emotional intensity of the divorce process. While legal documents can be drafted and advice given, the emotional decision to end a relationship is deeply personal. By the time individuals seek legal assistance, many have already experienced significant emotional turmoil and are often entrenched in their positions, making the initial stages particularly challenging. How does the Missouri court approach custody decisions when both parents are involved? Missouri courts operate under the presumption that joint physical and legal custody is in the best interest of the child, though this doesn't always mean a perfect 50/50 split. The law promotes frequent and meaningful contact with both parents, and it's the responsibility of the parent contesting this arrangement to prove why a different custody arrangement would better serve the child's interests. Judges often favor joint custody unless compelling reasons, such as abuse or logistical challenges, suggest otherwise. In what situations might custody not be split equally? Custody arrangements may vary significantly in cases of physical abuse or when one parent relocates far from the other. If parents live too far apart to share custody equally, practical challenges like school attendance can prevent a 50/50 split. In such instances, the parent remaining in the child's original jurisdiction may be favored in custody arrangements. What happens immediately after a divorce case is filed? Once a case is filed, a temporary custody order is often needed to establish where and when the child will be with each parent. This order helps reduce conflict by providing a clear schedule. Ideally, parents can agree on this schedule, considering the child's routine and needs. However, if agreement isn't possible, a judge may need to intervene to establish an interim arrangement. What tends to confuse parents when making decisions about their children during a divorce? The emotional nature of divorce can lead to irrational decision-making. Parents may reach agreements without fully understanding the implications, such as the financial value of certain assets. Lawyers can help evaluate these agreements to ensure they are equitable. When it comes to children, parents often fight passionately, which can complicate negotiations. What factors influence the final outcome of custody decisions? The presumption of a 50/50 custody split guides initial judicial assumptions, but factors like proximity to school, parental involvement in the child's education and medical care, and the ability to co-parent effectively can influence the final decision. Courts aim to ensure both parents have the opportunity to be involved in their children's lives, even if historical roles within the family have varied. What is the difference between legal custody and physical custody? Legal custody involves the right to make significant decisions about a child's education, health care, and religious upbringing, while physical custody relates to the actual time the child spends with each parent. It's possible for parents to share legal custody even if one parent has primary physical custody due to logistical constraints, ensuring both parents have a say in important life decisions for their child.

THIS TIME, THE CUTE LITTLE (NEW-TO-HER) SPORTS CAR was blue, but you couldn’t tell in the dark. She was in a fabulous humor. She was celebrating Braxton’s guilty verdict. That jerk. Their relationship had not gone well after the whole business about getting arrested and all. She could not believe he had had cocaine! Well, that jury had done him right! She did not yet know that she was pregnant. The radio was blaring while she chattered into her cellphone, laughing over whatever was being said on the other end. She took over steering with her knee while quickly pecking out a response to a text. She was going approximately 62 in a 55 . . . and her driver’s license was still suspended . . . and she was now on probation. She noticed flashing lights in the distance behind her. She started cussing passionately. She pulled over and waited. Terrified, she was respectful with the officer. He gave her a ticket for speeding and driving while suspended, but he did not arrest her. He was kind enough to allow her to call someone for a ride. So embarrassing! The following morning, she called her probation officer. More embarrassing. Her probation officer told her she would wait to decide whether she was going to file a probation violation until after she had seen the police reports. She thanked her for letting her know right away. This surprised Alexis, because her P.O. was not typically a nice person. The next call was to Dan, her lawyer. Brutally embarrassing, and expensive! The secretary wanted to know if she was needing help with a criminal case, a probation violation, or a driver’s license suspension. Um? All of the above? She scheduled an appointment to see her lawyer.

POST TRIAL (AFTER TRIAL). Anything to be filed with the court after trial, asking the court to reconsider what may have happened during the court proceedings, are subject to very strict time limits. Post trial motions. Post trial motions come in different forms but are generally some kind of a request for the court to reconsider a ruling or decision that has already been made. Post trial motions are often limited to thirty days after a ruling, but it depends on what is being requested. If you are needing something to be reconsidered after trial, do not wait, talk to a lawyer immediately. Appeals. The defendant is entitled to file an appeal from a finding of guilty after a trial. There are very specific timelines that apply, and if the defendant fails to meet the timelines, the Court of Appeals will not hear his case. The standard to win an appeal is high, and there are no guarantees, but the Defendant is entitled to try if he desires to do so. The trial court’s judgment is generally considered final after thirty days, and an appeal must generally be filed by ten days after the judgment is final. The court of appeals generally does not tolerate late filings. Appeals are their own topic of litigation that are outside the scope or topic of this book. If you are in a position that you are needing to file an appeal, consult an attorney immediately. Expungements. An expungement is the process of having an arrest or conviction sealed, effectively removed, off a person’s record. Under Missouri law, a person is entitled to a very limited number of expungements in their lifetime, and only a limited number of offenses qualify for expungements. Many offenses do not qualify for expungement. Certain criteria must be met, and a lengthy wait period is required after completion of whatever disposition/punishment was assigned to the offense. The person seeking expungement must petition the court and notify all parties involved (the sheriff, the prosecutor, etc.), and formally request the expungement. This information is not intended as exhaustive and does not take the place of the advice of licensed counsel reviewing your situation. Discussing court processes with a lawyer is always in a person’s best interest.

MOTIONS IN LIMINE are motions filed ahead of time asking that certain information be allowed or not allowed during the trial. These are filed ahead of time, so the judge can make a decision about whether or not the information can be used in the trial, ahead of time, without the jury being present. These will likely be addressed during a pretrial conference , which will take place a few days to a few months before the scheduled trial date. Jury Selection. Trials begin with jury selection. The court clerk’s office will summon a group of sixty people, maybe more, maybe less. They send out sixty letters asking random people from the county to serve as jurors, and they assign each a number. The jury pool, the potential jurors, may come from a list of registered voters. Each juror is sent a questionnaire, with basic information about that person, like age, employment and level of education. Lawyers may want to investigate them further, such as looking them up on social media, to see what they can learn about them ahead of time. The jury pool is confidential, and lawyers must treat them with respect. There is no contacting jury members before trial. After the jury is called in, first the prosecutor, and then the defense have the opportunity to ask questions. They are trying to find out more about those people, to weed out the ones with biases against each side. Of course, a juror who might be good for one side likely would not be appreciated by the other. Each side gets to strike a handful of jurors of their choosing for any reason but race. During questioning, they can move to strike jurors they felt were unjustifiably biased. For example, if a prospective juror said that they would never, ever believe a cop’s word for anything, the prosecutor might want to strike that person from the jury. Alternatively, if a prospective juror came from a family of law enforcement and was going to believe the word of a cop over anything, perhaps the defense would want to strike that juror. Once all the prospective jurors that are going to be stricken have been removed, the jury panel is chosen in numerical order from the remaining prospective jurors. The first twelve of the remaining jurors are chosen, with perhaps one or two “alternates”, extras, in case one of the other jurors should have to leave due to an emergency or some other reason. Opening Statements. Once the jury has been sworn in or empaneled, each side has the opportunity to make an opening statement. The Judge will give each side a specific amount of time to speak to the jury about their case. The opening statement is not evidence, but it can discuss what that side believes evidence will prove. Because the prosecutor filed the case, the prosecutor gets to go first. After the prosecutor makes his opening statement, the defense attorney gets a turn to also make an opening statement. The Prosecutor’s Turn. Because the prosecutor filed the case, the prosecutor gets to go first. During this period of the trial, the prosecutor is trying to prove his case against the defendant, by presenting all the facts/evidence he has. Evidence can be in the form of eye-witness testimony, documents, pictures, objects, or anything else the prosecutor can present to try to prove his case. He is required to produce all his evidence to the defense in advance in discovery, and he is also required to produce a witness list in advance. The prosecutor will call each of his witnesses one at a time, and then he will be able to question his witnesses in his direct examination. During direct examination, the lawyer who called the witness may ask that witness open-ended questions to give that witness the opportunity to present what information they have to offer. An example of an open-ended question is: “Describe what you saw.” After direct examination comes cross examination during which the opposing attorney asks close-ended questions of the same witness. Close-ended questions supply the facts in the question and are framed so that the witness will answer either with yes or no. An example of a close ended question is, “You did not see anything, correct?” Once the prosecutor has presented all of the witnesses and evidence he has to offer, he will rest . This is the close of his case. He is done offering evidence.

What does custody include in Missouri? Custody in Missouri involves defining the relationship and rights each parent has with their children after a relationship breakdown. Both parents are presumed to have joint legal and physical custody, meaning shared decision-making and time spent with the child. However, this presumption can be challenged if one parent believes it is not in the child's best interest. What is the difference between joint legal custody and joint physical custody? Joint legal custody refers to both parents sharing decision-making powers regarding significant aspects of their child's life, such as medical care and education. Joint physical custody involves the time each parent spends with the child. Conflicts can arise if parents disagree on these matters, leading the court to reconsider joint legal custody. What factors does the court consider when making custody decisions? The court examines several factors, including each parent's willingness to cooperate for the child's benefit and ensuring the child's needs are met. The court assesses which parent is more likely to facilitate a healthy relationship with the other parent and evaluates the daily involvement each parent has with the child.  Where do disagreements between parents typically arise in custody cases? Disagreements often occur over time allocation and decision-making authority. Parents may focus on maximizing their time with the child, sometimes losing sight of what is best for the child. The challenge is to maintain a stable environment where the child continues to have strong relationships with both parents. What is a parenting plan and how does it factor into custody decisions? A parenting plan outlines communication, decision-making responsibilities, and financial obligations between parents. It specifies custody arrangements, expense-sharing, and health insurance coverage. The plan serves as a guideline for parents to follow, ensuring the child's needs are prioritized. When can custody arrangements be modified in Missouri? Custody arrangements can be modified every three years or if there is a substantial change in circumstances, such as job changes, relocations, or relationship changes. For visitation changes, any change in circumstances is often sufficient. Parents can also deviate from the plan if both agree, but significant changes may require court intervention. What qualifies as a substantial change in circumstances for modifying custody? Substantial changes include significant events like job loss, income changes, or moving to a new location. Minor changes, such as moving within the same neighborhood, may not qualify. The assessment is case-specific, considering the unique needs and circumstances of the child and family. What common misconceptions do people have about custody decisions? People often expect court outcomes to mirror pre-litigation arrangements, assuming consistent parental involvement. However, shifts in behavior during litigation can impact the court's decision. Consistent documentation of actual parenting time versus agreed time can be crucial in court, highlighting patterns and discrepancies.

BRAXTON, THE BOYFRIEND , made a different decision about how to handle his case. Charged with the class C Felony of Delivery of a Controlled Substance, he was facing between five and fifteen years in prison. The prosecutor made a plea offer to reduce the charge from Delivery of a Controlled Substance to simply Possession of a Controlled Substance, from a Class C felony to a Class D felony, with a five-year sentence, suspended execution of sentence (“SES”), five years’ probation, and a felony record. It seemed that Braxton had had a couple previous, minor possession-related charges, and the prosecutor felt that it was time to make him face some serious consequences. Braxton refused to accept the offer. He chose to exercise his right to trial.

PROBATION IN THE STATE OF Missouri comes in a couple of different formats. Again, if you are finding yourself in this position, you need to consult with an attorney to fight on your behalf. Probation is either supervised or unsupervised. Unsupervised probation may also be called court supervised probation. Court-supervised probation is simply supervised by the courts. The judge’s clerk may keep an eye on a person’s history, or a private supervision agency may keep an eye on it, or no one may keep an eye on it, unless that person reappears in court for something else. The probationer is generally required to advise the court of any arrests or law enforcement contacts (within 24 or 48 hours, or whatever the court has requested), and may impose other requirements. If the probationer fails to follow those requirements (i.e. picked up a new charge and didn’t tell the court), a probation violation may be filed. Supervised probation will be supervised by the Department of Probation and Parole (“ P&P ”). Supervised probation will come with acronyms like “ SES ” and “ SIS ”. Sometimes probation comes with shock time to be served or treatment (“ 120 ” or “ Long-Term ”), which as it sounds, is intended to shock the offender into never offending again. From time to time the term earned compliance credits ( ECC ) may come up. This is not an exhaustive list of probation-related conditions or acronyms. If you need additional information you should contact a licensed attorney in your jurisdiction to discuss your situation. SES stands for Suspended Execution of Sentence. In this scenario the defendant is sentenced to a term of years (in street lingo called a “backup”) in the Department of Corrections, but the execution of that sentence is suspended. The offender is placed on probation for a period of generally five years. As long as probation is successfully completed, the sentence will never be executed, or never have to be served. Issuance of an SES does result in a conviction on the offender’s record. If it is an SES on a felony, the offender will have a felony record. SIS stands for Suspended Imposition of Sentence. The court may say, “sentence is suspended.” In this scenario, no sentence is imposed, and the defendant is placed on probation, generally for a five-year term. As long as the offender successfully completes probation, no sentence will ever be imposed, and without a sentence associated with the plea, no conviction exists. Because no conviction exists, the offense, for Missouri’s purposes, basically goes away. After successful completion of probation, the probationer may complete a job application or a college application, and he or she will not have to disclose having been convicted of a felony, because they were not. Keep in mind that some applications are worded differently. If the application asks if a person has ever been arrested, the answer is obviously yes. Also professional licensing applications, like for the Missouri Bar for lawyers, will often include an ethics component where they will expect things to be disclosed, whether or not it stays on a person’s record. Prior offenses with an SIS may still be used to enhance new offenses (if you got a DWI a long time ago, and took care of it with an SIS, it can still be used to enhance a second DWI to a “prior offender” status). Also, Federal law and other states respond in different ways to Missouri’s SIS concept. If you anticipate legal contacts outside Missouri, this should be discussed with your lawyer.

SENTENCING MAY TAKE PLACE on the day of the guilty plea or trial, or it may take place on a later date. When sentencing and trial take place on separate days, that is called a bifurcated proceeding. With felony pleas, the Court will want to know whether the defendant wants a Sentencing Assessment Report or Sentence Advisory Report (“S.A.R.”) which will be prepared by the Department of Probation and Parol (“P&P”), usually within sixty days of the Court requesting it. Someone from P&P will meet with the defendant. The S.A.R. will cover the Defendant’s criminal history, mental health and medical history, family history, employment history, substance abuse history, and other factors, and also discuss the likelihood of recidivism , and ultimately make a recommendation to the Judge what they think the appropriate outcome is in this case (from probation to treatment to a number of years to be served in prison). The officer from P&P does not know to ask about mitigating or good activities that the defendant has engaged in during his lifetime. If he coaches little league soccer, is very involved in his church, earned employee of the year at work, or whatever the situation may be, the defendant should be sure to tell the person interviewing him about those things, so they can be included in the report. The S.A.R. will be made available to the Defendant’s attorney prior to sentencing, and the Defendant and his attorney should review that document together to make sure everything is correct. The court will review that document when deciding what sentence to issue.

ENTERING A PLEA OF GUILTY – Misdemeanors. The Court will first want to know that the defendant understands what he or she is pleading guilty to, as well as the range of punishment associated with that charge. The court will want to be sure the defendant understands the trial rights that are being given up by entering a plea of guilty, including the right to remain silent, that anything that the defendant may say could be used against him or her; the right to be represented by an attorney; the right to plead not guilty and proceed to trial; and the right to confront and cross examine witnesses at trial or subpoena witnesses to appear to testify at trial. There will be no trial after a guilty plea, and the right to an appeal is extremely minimal (basically with limited exceptions, there is no right to appeal) after entering a plea of guilty (swearing you did it). The court will want to know that the defendant is not under the influence of anything that could impair his judgment, that there is a factual basis for the plea, no potential defenses that could get him out of it, and that the defendant is pleading guilty because he IS guilty. Caution. People like to say, years after the fact, that they weren’t really good for it. They just plead out because they had to. They say their public lawyer made them, or that it was the only way to get out of jail, or that they took it for their girlfriend…. Whatever the excuse, if they said they did it, plead guilty, basically swore in court that they did it, they’re going to be stuck with it. It is no simple thing for someone to come back after the fact and claim they’re not good for something they plead to. Guilty pleas should be handled with great caution, at the advice of a licensed attorney. Entering a plea of guilty – Felonies. There are more rights at stake, and higher penalties, so the courts are far more detailed with felony pleas. The courts will also rarely accept a felony plea without the assistance of counsel. You need a lawyer to go through this process. There is too much at stake to not have a lawyer. If you are going through this process, get a lawyer! The felony guilty plea will include identifying the defendant, to verify they have the right person, that he can understand, read, and write the English language, that he understands what he is charged (accused) with, and the potential range of punishment associated with that crime. They will go over the specific facts of the crime the defendant is charged with, including the date and location. They will go over his trial rights, which include:

How does having children impact the divorce process in Missouri? Divorce can be emotionally challenging, especially when children are involved. Parents often find themselves not only dealing with the end of their relationship but also negotiating the future of their most cherished priorities, their children. The process becomes emotionally demanding as parents must balance their desires with what is best for their children. This emotional aspect can complicate decision-making, making it critical to remain focused on the children's well-being. Does the age of the children affect the divorce process? Yes, the children's ages can influence the divorce dynamics. For instance, teenagers often have stronger opinions and may be less likely to adhere to a strict custody arrangement dictated by a court. The needs and preferences of older children can add complexity to custody decisions. What feels most uncertain or overwhelming for parents at the beginning of the divorce process? Many parents are surprised by the emotional intensity of the divorce process. While legal documents can be drafted and advice given, the emotional decision to end a relationship is deeply personal. By the time individuals seek legal assistance, many have already experienced significant emotional turmoil and are often entrenched in their positions, making the initial stages particularly challenging. How does the Missouri court approach custody decisions when both parents are involved? Missouri courts operate under the presumption that joint physical and legal custody is in the best interest of the child, though this doesn't always mean a perfect 50/50 split. The law promotes frequent and meaningful contact with both parents, and it's the responsibility of the parent contesting this arrangement to prove why a different custody arrangement would better serve the child's interests. Judges often favor joint custody unless compelling reasons, such as abuse or logistical challenges, suggest otherwise. In what situations might custody not be split equally? Custody arrangements may vary significantly in cases of physical abuse or when one parent relocates far from the other. If parents live too far apart to share custody equally, practical challenges like school attendance can prevent a 50/50 split. In such instances, the parent remaining in the child's original jurisdiction may be favored in custody arrangements. What happens immediately after a divorce case is filed? Once a case is filed, a temporary custody order is often needed to establish where and when the child will be with each parent. This order helps reduce conflict by providing a clear schedule. Ideally, parents can agree on this schedule, considering the child's routine and needs. However, if agreement isn't possible, a judge may need to intervene to establish an interim arrangement. What tends to confuse parents when making decisions about their children during a divorce? The emotional nature of divorce can lead to irrational decision-making. Parents may reach agreements without fully understanding the implications, such as the financial value of certain assets. Lawyers can help evaluate these agreements to ensure they are equitable. When it comes to children, parents often fight passionately, which can complicate negotiations. What factors influence the final outcome of custody decisions? The presumption of a 50/50 custody split guides initial judicial assumptions, but factors like proximity to school, parental involvement in the child's education and medical care, and the ability to co-parent effectively can influence the final decision. Courts aim to ensure both parents have the opportunity to be involved in their children's lives, even if historical roles within the family have varied. What is the difference between legal custody and physical custody? Legal custody involves the right to make significant decisions about a child's education, health care, and religious upbringing, while physical custody relates to the actual time the child spends with each parent. It's possible for parents to share legal custody even if one parent has primary physical custody due to logistical constraints, ensuring both parents have a say in important life decisions for their child.