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The police chief in Leadwood, Missouri (about 75 southwest of St. Louis) has been charged with tampering with evidence and stealing a handgun from the evidence locker at the police department. The charges stem from an incident where a woman was arrested after two handguns and methamphetamine were found in her car during a traffic stop. The police chief did not become involved in the case until the woman arrived at the police department. The chief told the arresting officer the woman would not be charged with a crime and no police report was to be written about the incident.  The woman came to the station months later and tried to get the two handguns back. At that time, other officers identified discrepancies with the evidence log on the date of the original incident. The Missouri State Highway Patrol was notified and began an investigation. When interviewed, the police chief admitted to falsifying the evidence log and taking one of the handguns from the evidence locker and keeping it at his home.

Police Misconduct Comes in Many Forms

These charges against the Leadwood Chief of Police highlight the fact that police misconduct does exist. That may sound obvious given the state of the news recently after a rash of police violence and shootings across the country over the past few months, but the important lesson to take away from what happened in Leadwood is that police misconduct can manifest in many different ways. A case like this is much more subtle than a police shooting, but it is no less dangerous to the criminal justice system as a whole. Thankfully, other officers in the department reported this misconduct and a full investigation was conducted to uncover the tampering with evidence. How many times does an issue like this go unreported?

Good Police Officers Investigate a Bad Police Officer

It is important to say there are many good police officers. In this particular case, there were good, honest police who identified this issue and reported it to Highway Patrol, and Highway Patrol then did their job professionally as well. Police are people just like any other occupation. There are good teachers and bad teachers, good lawyers and bad lawyers, and good doctors and bad doctors. One issue with bad police is they are often covered for by the good police. An old school code exists where police do not hurt other police, even if they did something wrong. They all cover for each other. That did not happen in this case, and the criminal justice system and the city of Leadwood, Missouri are better off because good police officers acted appropriately. The charges against the police chief are currently pending and will be handled in the St. Francois Circuit Court in Farmington, Missouri.

Missouri Criminal Defense Attorney Jason Korner

If you have been arrested or charged with a crime, please contact Jason Korner at 314-409-2659 or click here to fill out a form and our office will contact you. It is important to have good legal representation in all criminal matter so they are investigated fully and the best outcome is achieved.

The Daily Journal, Leadwood Police Chief Charged with Stealing, Tampering with Evidence, September 24, 2020, https://dailyjournalonline.com/news/local/crime-and-courts/leadwood-police-chief-charged-with-stealing-tampering-with-evidence/article_9628e91f-7423-5339-bf41-f162f26e5d81.html

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Please note that this is different from my usual blog content, but we are dealing with different times right now.

When we look back, the Spring of 2020 will be The Lost Spring. We have had our fair share of spring rain showers and March has given us temperatures from the top of the thermometer to the bottom, but we lost out on so much more. For sports fans we have lost out on March Madness, Opening Day, and The Masters, all sure fire signs of spring. Spring break beaches and barbecues evaporated (for most of us) before our eyes. Unfortunately, for many people, their income and paychecks evaporated before their eyes also. The closing of restaurants, movie theaters, and amusement parks just to name a few left people searching for answers. The hardest answer to find in all of this is “for how long?” That uncertainty is the most unsettling part for everyone, but especially those with a sudden loss of income.

I remember in August of 2014 sitting in a condo in Wisconsin on summer vacation with my family when we heard some news from St. Louis. A black man had been shot and killed by a white police officer and people were upset. At that point, on that August day, those were the only parts of the story that made it to Wisconsin. I had no way of knowing then, that particular incident would nearly stop my income as a criminal defense attorney for months and months. It is not that I did not care about the social justice issues associated with Ferguson, there were many underlying issues that came to light during that time, especially the abuses of some municipal courts in the St. Louis area, but I was just a young attorney trying to support a wife and two small children, and the extreme slowing of income was terrifying.

Of course the man who was shot and killed was Michael Brown, and it sparked the beginning of the Ferguson Movement. I had never been so close to a large social movement before, either geographically or professionally. Every issue discussed about the investigation of the shooting, the prosecutorial procedures, and the grand jury process were all parts of my daily professional life. At first it fascinated me, but as time passed from the August shooting, the unrest continued, and we grew closer and closer to a decision whether or not to charge the police officer with murder that could change everything. No timeline was given on when a decision would be made and that made the autumn of 2014 tense. It was even more tense for criminal defense attorneys who had watched business dry up almost overnight. Police resources were being diverted to Ferguson related issues, and police officers seemed to be more timid to conduct their day to day business. This led to a sharp drop in new criminal cases.

Finally, the Monday night before Thanksgiving, I watched along with the rest of the country when the St. Louis County Prosecuting Attorney announced a grand jury had chose not to issue any criminal charges against the police officer. Protests rang out around St. Louis, but I was just happy it was over. I was ready for business to get back to normal, for my life to get back to normal. But that’s not how these things work. It took several more months for things to begin to improve, and much longer to return to “normal.”

I learned many lessons from Ferguson, but the most important was that I had the ability to overcome professional adversity on the highest level. I would never want to go through it again, but that time period gave me a confidence that my law firm can stare down adversity and thrive on the other side of it. Well, here we are again. I am not one of the first to be professionally affected by the corona virus shut downs, but with the courts closed I know not much business will not be walking through my doors for at least the near future.

With Ferguson the effect was very specific on only a few industries, and it only affected a number of people. Our whole country, our whole world, are feeling the effects of the corona shut downs, let alone the virus itself. People are scared and there is uncertainty. I am scared and uncertain. But we can all look back at past adversity and know we conquered it then, and we can feel confident because we are all in this together. We do not know the twists and turns this terrible situation may take, and we do not know how many people will get sick, or how long it will last. All of that said, please remember, as you sit segregated from society because of social distancing, that there is hope. At times like these we can focus on the fear, we can focus placing blame, or we can choose hope. As we stare out into the dark unknown, I choose hope.

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The corona virus and the associated COVID-19 has upended daily life in the St. Louis area and throughout Missouri. Finally after days of uncertainty surrounding court dockets and schedules, the Missouri Supreme Court handed down a sweeping declaration on Monday, March 16th, closing courts statewide until at least April 6th. There are few exceptions to the closures, mostly for emergency situations, and a few for confined defendants. Although confined defendants will continue to have some dockets, they will only be seen by video and will not be transported to court.

There are two main concerns with the with an open court system. The first is that the court buildings are crowded every day Monday through Friday, which creates an incredible opportunity for transmission of any virus or illness. This does not only apply to defendants and lawyers, but also to victims, jurors, witnesses, and parties in civil cases. The second major concern is if the corona virus was transmitted to an inmate. Despite best efforts, if one inmate gets sick, it is very difficult to keep any illness from spreading through the jail like wildfire. This is especially concerning with an illness as potentially dangerous as COVID-19.

Federal Courts Remain Open

Although all Missouri state and municipal courts have been closed for three weeks, the federal courthouses remain open at this time. Jury trials in the federal court in the Eastern District of Missouri in downtown St. Louis have been cancelled. Other federal criminal matters continue on in some aspects. Specific procedures for Change of Plea Hearings or Sentencing Hearings have not been conveyed, but some of those will proceed as scheduled.

Contact Korner Law With Any Questions

During these uncertain times, please follow the instructions from government agencies and the CDC concerning socializing and hygiene. If you have questions regarding court dates or court cases, please contact our office at 314-409-2659. Our office will remain open to keep our clients and others informed about their cases and the courts in general. Please stay safe and keep hope during these unprecedented times.

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Drug sniffing dogs are often used by law enforcement to try to locate drugs during traffic stops, at houses, in postal packages, among many other situations. Historically, the courts have viewed these highly trained dogs as an important factor when determining whether there was probable cause to allow law enforcement to take the next steps, often a search that would be illegal in the absence of probable cause. Two problems with these drug sniffing dogs have come to light. One, which I will write about more in depth next week, has to do with dogs who have been trained to alert the handler to the existence of drugs, including marijuana. This is a problem in eleven states plus the District of Columbia, marijuana is no longer illegal. The dogs do not have the ability to unlearn that they need to alert for marijuana, so there is a large possibility of a false positive of illegal drugs when it is only marijuana the dog smells. The second issue was recently covered in depth by the Washington Post in an investigative argument. Drug sniffing dogs were only correct about half the time when tested by an independent agency. Needless to say, half the time is not nearly good enough when talking about the kind of invasive, warrantless searches the courts allow with a positive alert from a drug sniffing.

The main reason sited for the low accuracy of the drug sniffing dogs is that despite the dogs’ intensive training they still have an overwhelming desire to please their handlers. This was shown through the independent studies. At least one study made some of the test packages look more appealing to the drug sniffing dogs, whether or not there were drugs in those packages. This made no difference in the dogs’ level of accuracy. However, when the packages were made more suspicious looking to the handler there was a marked increase in false positives on those packages. Despite the handlers’ best efforts to stay neutral, their dogs knew when the handler thought the dog should alert and the dogs happily complied to please their handlers. The most egregious and shocking aspect of the independent studies came after those studies were complete. With an obvious need for more studies and more testing to understand the shortcomings of the drug sniffing dog program, the law enforcement agencies who had participated refused to offer any further participation. Essentially, they received a bad grade on a test and instead of wanting to seek areas to improve, they just walked away from school entirely. That is unacceptable in all areas of work, but it is appalling when dealing with law enforcement and an obvious infringement on people’s civil liberties.

St. Louis Drug Lawyer Jason Korner

If you or a loved one has been arrested for a drug crime it is important for you to know your rights, and to have someone who can fight to protect those rights. St. Louis drug lawyer Jason Korner has years of experience challenging drug charges in both state and federal court. Please contact Jason Korner’s office at 314-409-2659 or click here to fill out a contact form and Mr. Korner’s office will reach out to you.

Source: The Washington Post, The Supreme Court’s ‘Alternative Facts’ About Drug-Sniffing Dogs, February 4, 2019, https://www.washingtonpost.com/opinions/2019/02/05/supreme-courts-alternative-facts-about-drug-sniffing-dogs

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There are many cases, whether a domestic stealing, domestic assault, or sexual assault that prosecutor’s attempt to prove with “he said she said” evidence. This is to say that there is no other evidence than one person’s word against another person’s word. There are many people who would say there is no evidence to prove something happened if it is one person’s work against another person’s word, but that is not true. If a judge or jury believes the accuser as opposed to the person who says nothing happened, then can be a conviction? Testimony is evidence. When a person takes the witness stand in a courtroom and says a crime happened while under oath, that is evidence. Whether that person’s statements are believed is up to judge or jury hearing the case.

The sad truth is that simply one person’s accusation can convict a person of a crime. That truth is downright scary. When someone makes an allegation, especially a serious allegation, it is important to take that allegation seriously. The first moment an allegation is made is the time to contact a criminal defense attorney that specializes in this kind of case. The earlier a criminal defense attorney becomes involved, the more options that will be available. Evidence is easier to gather and maintain shortly after an incident. Often in he said, she said incidents context and prior communications are the key to revealing the truth. Text messages, social media posts, and voicemails may all have valuable information, but if those items are not preserved then they cannot help in court when it really matters.

How Can You Defend Yourself When There Is No “Evidence” – Many people think about evidence as only physical things such as drugs, a gun, or blood, but in court a witness’s testimony is also evidence. Almost more importantly, the judge will instruct the jury that all forms of evidence whether it is physical evidence or testimonial evidence, should all be viewed equally, one type of evidence is not more important than another type of evidence. This is good in legal theory, but it starts to fall apart during the trial itself. Testimony is the easiest form of evidence for a skilled criminal defense attorney to attack. Almost always there are prior inconsistent statements from the same witness, or a different witness tell a very different story. This creates confusion for the jury, and it is the jury’s job to weigh the credibility of the different witnesses to try to determine what is the truth.

This is where a skilled attorney becomes an important part of the criminal justice process. When an entire criminal trial hinges on one person’s word against another person’s word is where an experienced attorney makes all the difference. Cross-examination of the accuser by a quality defense attorney can unravel a prosecution’s entire case. There are many different tactics and techniques that can be utilized to compromise an accuser’s story. A thorough investigation by the defense, and the gathering of statements the accuser has made are two crucial parts of a defense case.

Sometimes No Evidence Is Evidence – The lack of physical evidence in certain cases can raise suspicions about the truthfulness of an accuser’s story. In a domestic assault case where the accuser says the defendant punched her several times in the face it would be suspicious for the police to arrive shortly after the alleged incident and not find any marks, cuts, or bruises on the woman’s face. Similarly, in a rape allegation, there are many forms of physical evidence that should show up during a medical examination, the absence of which would then cast doubt on the accuser’s story. It is important for a good attorney to take all aspects of the case into account, especially when obvious things should be present and they are not. Even in he said she said cases, there are other pieces of evidence that can be used to help defend the case.

Criminal Defense Attorney Jason Korner – If you or a loved one has been accused of a crime, then contact criminal defense attorney Jason Korner today to find out what options and defenses are available to you. Jason Korner specializes in criminal defense, and has successfully defended countless people against made up accusations. Contact Mr. Korner today at (314) 409-2659 or click here to fill out a contact form and Mr. Korner’s office will be in touch with you to answer your questions and find out more information about the allegations.

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You give up many rights when you plead guilty to a crime. The majority of the rights that you give up are related to your right to a trial. You also give up your right to an appeal. Pleading guilty is an extremely important decision that should not be made lightly. Many lawyers are scared by trials and only want to have their clients plead guilty, but a skilled criminal defense lawyer will look at all possible trial defenses before recommended any guilty plea to a client.

It is important to understand you have all of these rights regardless of the court where your case is pending. Whether your case is in a small municipal court that looks like nothing more than a small room with several folding chairs, or if your case is in a large, spectacularly decorated courthouse, all of the rights you have prior to pleading guilty remain the same. Regardless of what the court looks like, it is important to speak with your lawyer about these rights and what are the costs and benefits of options other than a plea of guilty.

10 Rights You Give Up By Pleading Guilty

1. Right to a trial by a judge or a jury
2. The right to the assistance of a lawyer at trial
3. If it would have been a jury trial, the right to have all twelve jurors find you guilty
4. The right to confront the witnesses against you at trial
5. The right to remain silent, including not having to testify at a trial and the prosecutor not commenting on your silence at trial
6. The right against self-incrimination
7. The right compel any witnesses that have facts favorable to you to testify at trial
8. The right to remain innocent until proven guilty
9. The right to make the prosecutor prove you guilty beyond a reasonable doubt
10. The right to appeal a guilty verdict

Are These Rights Important? – Many of these are fundamental rights given to us all by the United States Constitution. None of these rights should be given up lightly. Please consult a quality criminal defense lawyer regarding your case before you plead guilty. Once you have plead guilty there is far less a lawyer can do to help you with your case. If you are not certain your lawyer has given you the best advice, then prior to pleading guilty is the right time to consult other lawyers.

Although each of these rights is an incredibly important part of our system of justice, there are benefits to giving up these rights and pleading guilty under the right circumstances. In many situations an experienced lawyer will be able to negotiate a favorable plea deal for cases based on each cases individual facts and circumstances. Lawyers with a reputation for taking cases to trial and winning cases are in a better position to negotiate a favorable plea agreement because prosecutors know trial is a real possibility, and some prosecutors look to avoid trials, which then provides a great benefit to the trial lawyer’s client.

Criminal Defense Lawyer Jason Korner – There are only a few lawyers who have tried enough criminal cases to be calm and confident in the courtroom during a jury trial. Jason Korner has tried and won many misdemeanor and felony trials. He has been sought out by other lawyers who need assistance and advice going to trial in criminal cases. If you have not yet plead guilty and want to discuss your case with one of the top criminal defense trial lawyers in St. Louis, then contact Jason Korner at 314-409-2659 to discuss your case.

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Summer is a time of experimentation for many teenagers, and that experimenting often includes alcohol and drugs. Teenagers find themselves in trouble more with the law during summer months than at any other time of the year. Free time, disposable income from summer jobs, and boredom form a dangerous mixture for teens. Teens also use summer to test new boundaries as they reach different stages in their lives. The summer after high school can be a dangerous time because kids want to experiment and “prove themselves” before heading off to college. Adversely, the summer after the first year of college leads to teens showing off to their friends back home about how much they drank or what drugs they experimented with while away at college.

Sobering Statistics on Summer Traffic Fatalities and Car Accidents

According to the National Highway Traffic Safety Administration (NHTSA), there are an average of 36 fatalities every single day as a result of drunk driving. That number increases dramatically during certain times of the year including Christmas, New Years, and of course the roughly 100 days between Memorial Day and Labor Day. NHTSA’s research indicates there are nearly twice as many deaths from car accidents during the three summer months than during the rest of the year combined. The two primary reasons for this staggering statistic is: 1) there are more vehicles on the road during the summer months; and 2) the number of alcohol-impaired drivers increases significantly during the summer months.

What is the Law for Underage Drunk Drivers?

In Missouri, the legal limit for people under 21 is .02%, which is significantly lower than the 0.08% for adults. One drink could put someone under the age of 21 over the legal limit to drive. During summer months police throughout the St. Louis area are vigilant when looking for underage drunk drivers. This is especially true in areas that are already aggressive on DWI enforcement, especially Town & Country, Maryland Heights, and St. Charles.

If you or a loved one has been charged with a DWI in the St. Louis area, contact DWI defense attorney Jason Korner today for a free consultation. Mr. Korner is happy to answer all of your questions regarding the court process and challenging any possible pending driver’s license suspension. Call Mr. Korner at 314-409-2659 or click here to fill out an information form and Mr. Korner will call you to answer your questions.

https://www.bactrack.com/pages/the-most-dangerous-times-on-the-road

https://www.nhtsa.gov

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On behalf of The Law Office of Jason A. Korner posted in Breath Test Refusal on Thursday, September 18, 2014. Please keep reading this post to learn important information about what you should after your DWI traffic stop.

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