The 2022 Missouri General Assembly located in Jefferson City is currently in session. Numerous bills have been submitted proposing a variety of changes. Some of these bills propose changes to Missouri’s Criminal Code, making this a legislative session worth following. This information may be of concern to practicing Missouri criminal lawyers and those interested in the criminal justice system.
Two of the most important bills proposed include:
Senate Bill 664 which proposes to exclude juveniles convicted of second-degree murder from automatically receiving a parole hearing after fifteen years.
Senate Bill 850 which proposes to change the mandatory minimums for armed criminal action, changes the criteria for determining if someone is a dangerous offender and increases the penalty for unlawful possession of a firearm.
Any person who commits a felony by, with or through the use of a dangerous instrument or deadly weapon also commits the offense of armed criminal action. Currently, a person convicted of armed criminal action shall be sentenced to a term of imprisonment for a term of, not less than, three years and not more than fifteen years. The punishment is imposed in addition to and consecutive to the crime committed by, with or through the use of a dangerous instrument or deadly weapon. No person is eligible for probation, parole, conditional release, or suspended imposition or execution of a sentence until the person has served at least three years of the sentence.
The proposed legislation provides that a person convicted of a first offense of armed criminal action, the minimum term of imprisonment shall be no less than three years. A person convicted of a second offense of armed criminal action shall serve a minimum term of five years imprisonment. A person convicted of armed criminal action shall not be eligible for parole, probation, conditional release or a suspended imposition or execution of a sentence.
Missouri law currently defines a dangerous offender as a person being sentenced for a felony in which he “knowingly murdered or endangered or threatened the life of another or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person and has been found guilty of a class A or B felony or a dangerous felony.” Section 558.016.4 RSMo. Under the current law, the court may sentence a person to an extended term of imprisonment if such person is a persistent or dangerous offender. The proposed legislation claims to modify the definition of a dangerous offender to include a person who has been found guilty of a dangerous felony, but the current definition seems to already address that issue. It will be interesting to see how this language is presented as the bill continues to work its way through committee.
Under Missouri’s current Criminal Code, unlawful possession of a firearm is a class D felony unless a person has been convicted of a dangerous felony in which case it is a class C felony. The proposed legislation changes the penalty to a Class C felony unless the person has been convicted of a dangerous felony or the person has a prior conviction for unlawful possession of a firearm in which case, it is a class B felony.
Senate Bill 766 increases the time an offender can be held in jail if the person has been arrested for a criminal offense involving a dangerous felony. Currently, a person arrested for an offense cannot be held for more than twenty-four hours unless a criminal charge has been filed. This bill would allow a person involved in a dangerous felony to be held for forty-eight hours.
House Bill 1613 proposes to prohibit law enforcement agencies and prosecutors from referring, transferring or relinquishing possession of seized property to a federal agency for purposes of the property’s forfeiture under federal law.
When facing a state or federal criminal charge like those mentioned above, it is important to have a knowledgeable and experienced Jefferson City criminal defense lawyer on your side. With an office located three blocks from the Missouri Capitol Building where the General Assembly is in session, Scott keeps up with proposed legislative changes as part of his commitment to excellence in representing his clients. Scott concentrates his practice in the area of federal and state criminal defense. Scott is a member of the National Trial Lawyers Association, the National Association of Criminal Defense Lawyers, and the Missouri Association of Criminal Defense Lawyers. If you are seeking a professional and reliable criminal defense attorney, reach out to Scott Hamblin today.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
Scott and his office were so helpful, thorough and professional during a very adversarial divorce. He offers good solid advice. He does not pursue options which will more than likely not yield a good result ( unless the client insists). He strives to give his clients the best results for their money. He's personable but professional. He answers inquiries quickly and clearly. Highly recommend!
Mr. Hamblin is one of the best attorneys we have ever had the privilege to use. He is courteous and to the point. I would recommend him to anyone and we will continue to use his services.
Scott Hamblin is simply put - the best! Scott deserves 10 stars! He has all the qualities a person could ask for with legal representation and more. I even had a lawyer from another county tell me, Mr. Hamblin is an excellent lawyer. That remark alone told me how respected he is, by his peers. He's highly professional, extremely knowledgeable, respectful and courteous, does his due diligence to understand and know his case, has excellent communication skills with his staff and client. His performance in the court room arena was exciting to watch. Dynamic! I knew when I walked into…
Scott Hamblin is the best lawyer that I have ever met. He really cares about his clients and does not sugar coat anything. He works very hard to help his clients, and knows the law very well, and he will work with you on your tab if he can. The staff there is very helpful too. I would recommend Scott and that law firm to anyone that needs a lawyer. They are the best. And you get what you pay for, so give them a call.
I am very pleased with Mr. Hamblin. I needed an attorney for my custody case and I did not know who to use. I found Mr. Hamblin on the internet. All the reviews I read and now my experiences with him and his team are spot on. I was being denied reasonable time with my daughter. Her mother attempted to continue to limit my time but Mr. Hamblin's hard work and dedication to my case resulted in equal custody of my daughter. I highly recommend Mr. Hamblin!
I was thoroughly impressed with Scott Hamblin and his team, Madasyn and Cameo, as they represented me in a very difficult case, involving multiple businesses and complexities. Scotts knowledge and expertise was invaluable. He and his team involved me every step of the way throughout the entire process. I was included in email correspondences, as well as, phone and video calls with witnesses and experts. What stood out, and set Scott and his team apart from my previous counsel, was their authenticity and genuineness. They truly cared about me as an individual and truly cared about my case Scott and…
Finding an attorney is not easy, and in my case I was in a child custody modification that was being dragged out and messy. This went on for a full 3.5 years. I had other representation at the time that I didn’t feel was doing what was best for me and my kids. I reached out to Scott after taking time to review others reviews and asking around in the community for a collective opinion. Scott is hands down the most honest, direct, family law attorney I could have asked for. If I had a question or needed advise him…
My divorce was with a difficult person, Mr.Hamblin handled every aspect of the divorce, professionally and quickly, his experience and knowledge was extremely helpful. thank you, Mr.Hamblin for your support.
Scott helped us with a very difficult situation with utmost professionalism and expertise. He was at all times very professional and considerate of our needs. He provided excelent advise.
Scott will forever be regarded by myself as the best divorce lawyer in Jefferson City bar none. His service, expertise, knowledge and dedication to all of his clients is top notch. I hope that no one ever finds themselves in a position of his services, but if you do, you cannot make a wrong choice with him at your side. Scott was able to get a fair and equitable decision in my case and he will most certainly do the same for you if necessary. His knowledge of the law and experience from every case he has ever tried were…
For accessible and experienced representation, contact attorney Scott Hamblin today.
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