St. Louis Criminal Defense Attorney Archives - Korner Law

Illinois to Reduce Driver’s License Suspensions

Jason Korner — Thu, 23 Jan 2020 14:57:10 +0000

The “License to Work Act”

The Illinois governor signed a new law that will eliminate many driver’s license suspensions for non-moving violations. The “License to Work Act” will take effect in July. One of the main initial benefits of the bill is that it will be retroactive. This means that people who currently have a driver’s license suspension that falls within the new law will be eligible for the reinstatement of driving privileges immediately upon the bill going into effect in July. The governor believes more than ten thousand people could be positively effected by the new law.

Effect of the New Law on Suspensions

Driver’s license suspension can be a tricky area for legislators to navigate. If drivers do too many things that are not allowed, then there must be a punishment. The initial punishment are fines for parking or traffic violations, but if that is not a deterrent then historically a person’s driver’s license has been suspended as punishment. However, once a person’s license has been suspended it can lead to a terrible spiral effect. If a person was suspended for not paying fines and now cannot legally drive to work then how are those fines supposed to be paid. If a person drives regardless of the license suspension and receives a ticket for Driving on a Suspended License, then suspension times are increased and there are additional fines and court costs.

In the case of moving violations such as speeding or running a red light, there are few options when a person habitually disregards traffic laws and a suspension is necessary. Those cases will not be affected by the new law. In the past legislator’s have punished people with a license suspension for unpaid parking tickets, unpaid child support, or failing to appear in court. Many of these suspension will no longer exist when the new law goes into effect in July.

The Possible Impact on Missouri Suspensions

Other states will be eagerly watching Illinois and how the new law effects driving privileges, employment, and compliance things that used to be punished more harshly under the old law. If the new system works in Illinois then Missouri would be smart to enact similar legislation. Suspended drivers are a major issue facing many communities throughout Missouri, and the current system disproportionately effects low-income areas in both the urban and rural parts of the state.

St. Louis Criminal Defense Lawyer Jason Korner

If you have a suspended driver’s license in Missouri and need help getting reinstated, please call St. Louis criminal defense lawyer Jason Korner at 314-409-2659, or click here to fill out the contact form and his office will contact you. Do not get caught in the downward spiral of driver’s license suspensions in Missouri.

Source: St. Louis Post-Dispatch, Illinois Cutting Back on Driver’s License Suspensions, January 20, 2020, https://www.stltoday.com/news/local/crime-and-courts/illinois-cutting-back-on-driver-s-license-suspensions-article_0128b0c8-0707-56df-a302-f799e09e79b-html

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The Importance of Preserving Evidence

Jason Korner — Mon, 23 Jul 2018 06:00:17 +0000

St. Louis Criminal Defense Attorney Jason Korner Many of the blogs on this website answer commonly asked questions that are often asked by clients. This post serves as more of a public service announcement. Sometimes there is a gap in time between an incident or an allegation and when a person consults with an attorney. Sometimes the gap in time is only a day or two, but other times it can be weeks or months. All of this is lost time when it comes to gathering and preserving potential pieces of key evidence for the defense. Some items of potential evidence are time sensitive such as video, social media posts, text messages, voicemails, or scratches and bruises. Often once these things are gone, they are gone for good, which makes it that much more important to preserve them when there is an opportunity to do so. In many situations, even an experienced lawyer may not know what pieces of evidence may be important later in the case so it is important to preserve as much as possible. Preserving Video – There is a common misconception that if there are cameras at a location then video will be available from those cameras. Many times the video from the cameras in question is only retained upon a request timely request by a lawyer or law enforcement. Most cameras will record over the captured video every twelve or twenty-four hours. This creates a situation where video is often present when it may hurt you, because law enforcement knows to make the timely request for video they believe will be helpful to a prosecution. There is a second type of video that is present more often to help a person accused in a criminal case: cell phone video. Video recorded on cell phones is becoming much more commonplace in courtrooms across America. The rise of quality video capabilities on cell phones has lead to a vast amount of video evidence that is now available for the first time in history. People may disagree on the interpretation of a video, but videos do not lie. Social Media – With social media posts evidence can be given, and evidence can be taken away if it is not captured fast enough. A lot of people involved in an incident, whether the accuser, the accused, or witnesses, will take to social media and post information or opinions about the incident or the people involved. This information can be a gold mine for an experienced trial lawyer, but if screenshots are not quickly taken of the posts then there is a strong chance someone is going to tell the poster to take down the information prior to the start of a case or trial. Pictures of Scratches or Bruises – Many assault cases, whether it’s a bar fight or a domestic incident, include fighting from both sides. In other situations, a woman may make the claim a man assaulted her, and often the police will believe the woman in such a situation, but the man will be the only one with scratches and bruises on him. Those bruises and scratches will fade quickly, so it is important to take good, accurate, pictures in good lighting to preserve those marks for future use during a potential case. It is also important that no one assumes they will not be charged with a crime in these instances, because by the time a charging decision is made the marks will no longer be present. When there is an incident when the police are involved, always take pictures of bruises, scratches, or anything else of interest. Written Statement of the Incident – Memories of the incident may be clear as day right now to the accused or any witnesses, but a potential hearing or trial on the case will be months, if not more than a year, away. The accused an any defense witnesses should sit down and carefully write out what they saw and heard happen before, during, and after the incident and any subsequent police investigation. As memories fade over time, these written statements will help each of the people in the case refresh their recollection of what happened at the time of the incident. This is the exact reason police write reports about an incidents, and the police should not be the only ones getting the benefit of writing out their memory of the events. 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 facing all kinds of allegations. 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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Is He Said She Said Enough to Convict Someone of a Crime?

Jason Korner — Wed, 18 Jul 2018 06:00:22 +0000

St. Louis Criminal Defense Attorney Jason Korner

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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What Rights Do I Give Up If I Plead Guilty to a Crime?

Jason Korner — Sat, 14 Jul 2018 18:23:45 +0000

Pleading Guilty to a Crime Can Have Dire Consequences

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

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