White collar crimes and financial crimes are non-violent offenses generally charged against people working in “office” types (non-manual labor) of jobs, such as corporate officers, employees, and similarly situated individuals.
The increasing use of computers in every area of work and life has brought about a corresponding growth in the number and type of computer crimes being charged. These computer crimes take various forms: white collar type crimes, computer sex crimes, wire frauds, and others. It is no secret that federal and state law enforcement agencies now have very broad powers to monitor internet use.
The state of Kansas has a very detailed and comprehensive statutory scheme for the expungement of various types of criminal issues (arrests, diversions, convictions). This is a great benefit to people with criminal records in Kansas. At some point, people appreciate being able to move on and put things behind them.
Missouri’s current criminal code dates back to the late 1970s. But social conditions have changed greatly since then, and the law needs to change along with it. Things that may have been emphasized in the laws in 1970s may need to be updated, changed, or otherwise modified.
Missouri’s SB 491 is sponsored by our former law school classmate and long time friend Senator Jolie Justice and is intended to make these much needed changes. It is an ambitious, 1100 page bill, and it would make significant changes to how the criminal justice system works in Missouri.
When a person is stopped by a law enforcement officer for suspicion of having driven while under the influence (DUI) or intoxicated (DWI), the officer will often ask that the driver perform a series of “field sobriety tests.” These tests were established in 1982 by the National Highway Traffic And Safety Administration (NHTSA) as a way to impose (in theory, at least) some measure of uniformity and consistency in determining whether a person has been driving under the influence.
Criminal cases can be resolved in a variety of ways. If a case does not go to trial, it will be resolved by some sort of plea agreement, or diversion, or suspended imposition of sentence (SIS), or a complete dismissal. If a diversion or suspended imposition of sentence is granted, a contract is entered into between the defendant and the prosecutor, whereby each party agrees to do certain things.
The terms and conditions of the agreement are made clear to each party. If the conditions of the diversion or suspended imposition of sentence agreement are alleged to have been violated, the prosecutor can file a motion to revoke the diversion or SIS and bring the defendant back into court to answer the allegations.
Applications for executive clemency (which include pardons and sentence commutations) are very different from expungement petitions filed in courts and heard by judges. With executive clemency applications, a petitioner is requesting a executive (ultimately, a governor at the state level, or the the President acting through U.S. Department of Justice at the federal level) to take some sort of executive action on a previously adjudicated criminal case. The scenarios can be very complicated.
An expungement is the “wiping away” of a record. Different types of criminal records can be expunged in certain circumstances: arrest records, records of diversions or suspended imposition of sentences (SIS), or criminal convictions. However, the law of expungements in Kansas and Missouri is complicated, and requires an experienced attorney to navigate waters that can quickly become turbulent.
Kansas has a specific statutory scheme whereby a person can apply to have various types of criminal conviction records, diversion records, and arrest records expunged. Expungement petitions can be submitted in municipal and state courts for all types of records related to criminal cases. In this regard, Kansas actually is quite a favorable jurisdiction in which this type of legal action can be undertaken. There are some complications, however.
There are three types of criminal charges: felonies, misdemeanors, and infractions. Felonies, of course, are the most serious. When someone is arrested for a felony in Missouri or Kansas, various questions can arise regarding the facts and circumstances of the arrest. (Note that this article applies only to felony arrests.
When a criminal case is filed by a prosecutor, one of the first things that will happen is the setting of bail by a judge. This is often done with the judge having little or no information about the defendant or the details of the crime the person is accused of. The Missouri Constitution (Art. I, Sect. 20 and 21) recognizes the need for people to be free from excessive bail. In actual practice, complete denial of bail is very rare and usually reserved only for capital cases.
You must be logged in to post a comment.