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Criminal Law: Proposed Legislation
Criminal Law: Proposed Legislation
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.
Armed Criminal Action Proposed Legislation
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.
Dangerous Offender Proposed Legislation
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.
Unlawful Possession of a Firearm Proposed Legislation
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.
Scott A. Hamblin
Criminal Law Case Result
DUI Charges Dropped
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.
Family Law Case Result
Mother Achieves Sole Custody
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.
Criminal Law Case Result
Client Charged with Drug Possession Received a Reduced Sentence
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.
Family Law Case Result
Divorce Client Avoids Court
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.
Criminal Law Case Result
Client Charged with Assault Deemed Not Guilty
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.
Family Law Case Result
Grandparents Receive Visitation Rights
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.
Personal Injury Case Result
Injured Client Receives Compensation
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.
Top-Rated Trial Attorney
What Our Clients Say
S.A.
I have been working with Mr. Hamblin for almost one and a half years and consider him to be one of the finest Lawyers I have ever done business with. Mr. Hamblin’s understanding of Missouri law is to say the least encyclopedic. His areas of expertise are broad and far-reaching. While working with Mr. Hamblin I found that he has an innate gift for what he does. His availability, presence in the courtroom, and demeanor with prosecutors, plaintiffs, witnesses and defendants are unparalleled in Missouri’s capital. Jefferson City is the epicenter of all legislation in this great state of Missouri,…
Excellent and Committed
Scott was efficient and knew his stuff. Very thorough and committed to our family. He had worked on two different cases for us and did an excellent job. No regrets!
ONE AWESOME ATTORNEY
I called Mr. Hamblin to represent my family member. When we went in to have a meeting, Mr. Hamblin was very honest said he felt that he could represent him and help with the matter that he had been charged with. I was so glad that I had contacted Mr. Hamblin on this matter, because he did just what he said that he would do. He did so in a timely and professional matter, and the expense was very minimal considering that this could have been a life-changing matter. I want to say a big Thank you Mr. Hamblin for…
Upfront and Honest
Very upfront and honest about the potential outcomes of my case.
Cannot Thank Scott Enough
Scott Hamblin represented my son in a high-profile case. Scott was highly professional throughout the course of the proceedings, prompt and thorough in answering all of our questions and, most importantly, was very prepared when he represented my son in the courtroom, which resulted in a very favorable outcome. Our family cannot thank Scott enough for a job well done and 5 stars is really not enough. He truly did a phenomenal job. I would have no reservations in recommending Scott should you ever need a criminal defense attorney.
Cared Enough to Really Fight
Mr. Hamblin succeeded in winning a child custody modification case for me that most lawyers I spoke with wouldn't even take on. Many told me that modifying a child custody agreement was nearly impossible. Due to the changes at my children's Father's house and the toll it was taking on their mental health, my children needed this modification and were begging for a change. Mr. Hamblin helped give my children a voice and get what they call "A Christmas Miracle" when we won full custody of them a few days before Christmas. I would recommend his counsel to anyone needing…
Life Saver!
I am so grateful that I hired him, he gave me hope to overcome my fear and anxiety. Now my case was dismissed because of his hard work. Thank you so much Attorney Scott. May God bless you, and keep continuing to save people's lives!!!
Exceptional Representation
There are no words to express how grateful I am for the opportunity to be represented by Mr. Hamblin. I have enjoyed working with him and his assistant, especially through some of the most challenging moments of my life. Selecting someone to handle your case can be a very difficult decision to make, but even from the moment I arrived at the office for my consultation, I knew I had found the right attorney. Thank you so much for a positive outcome, Mr. Hamblin!
Couldn’t Have Asked for Anyone Better!
I got stuck between a rock and a hard place in my situation as was in need of help. Scott was appointed to be via public defender for a federal case and I could not have wished for a better lawyer and overall individual. He would show up for me while I was incarcerated on the weekend when he had time and would also work around my work schedule to meet while I was not incarcerated. He extensively researched my case and talked to me like a human rather than another client. He's very kind and will tell you the…
Compassionate and Honest
Scott is a very compassionate but honest man. I have known Scott for 10+ years. I met him while fostering children with Cole County Children's Division. When he became the adoption lawyer for Cole County Children's Division in 2007 my husband and I were one of the first to use him to become adoptive parents to our then two-year-old foster son. Our son just turned 13 years old this year. In 2013, he represented my husband and me to get guardianship for our foster daughter. We are beyond blessed to have such a great guy like Scott to represent us.…
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