As we celebrate Independence Day, commonly known as the Fourth of July commemorating the adoption of the Declaration of Independence on July 4, 1776 from Great Britain, I want to take a moment to reflect on some of the laws, one in particular, which continues to exist and evolve. It wasn’t until 1791that the first ten (10) Amendments to the United States Constitution were adopted. The Fifth Amendment to the United States Constitution has significant meaning for criminal lawyers, judges and anyone involved in the criminal justice system. Over the years, the Fifth Amendment has been interpreting by several courts, including the United States Supreme Court, to afford individuals certain rights when confronted and questioned by the cops. In short, the Fifth Amendment provides protection from self-incrimination. As such, despite what the cops may tell you, you don’t have to speak with them. And if you ask for a lawyer, then cops don’t get to ask you more questions unless you keep on talking to them. You don’t’ have to speak with an officer without a lawyer present. You have a right to speak with a criminal attorney or criminal lawyer, or any lawyer for that matter before making any statements to any law enforcement officer. But, you have to be brave and stand up for yourself. You have to tell the officer that you are not speaking to him or her without your lawyer.
One of the classic mistakes that people make is agreeing to speak with a cop, a FBI agent, a DEA agent, or any law enforcement agent when they show up to your home or place of employment and state that they want to speak with you. An officer arriving at your place of employment or home is generally the first clue that you need a criminal attorney or criminal lawyer. Surprisingly, many people will talk to these officers without an attorney or without requesting a criminal lawyer or criminal attorney. The United States Supreme Court in its decision in the case of Edwards v. Arizona, 451 U.S. 477, 101 S. Ct. 1880, 68 L. Ed. 2d 378 (1981), held that once a defendant invokes his Fifth Amendment right to counsel (meaning the need or right to speak with a lawyer) that the police must cease their custodial interrogation. Court decisions continue to turn on the meaning of custodial or custody rather than the questioning. In other words, when is a person considered to be in custody? Custody has generally been associated with a formal arrest or the deprivation of freedom of movement associated with a formal arrest. But, the court cases have not limited the definition of custody to simply being placed in handcuffs or taken to a police department. Custody has been found where law enforcement have questioned people in their own homes. The test for determining custody is now multifaceted. However, the Fifth Amendment affords protection to individuals who assert their right to speak with a lawyer, even without an officer advising a person of the Miranda warnings. The key is for the person to assert their right to a lawyer. And the assertion must be clear and not ambiguous. In other words, a question such as “do I need a lawyer” has been held to be ambiguous and not a clear assertion that the person wanted to speak with a criminal lawyer. In short, insist on speaking with a criminal lawyer before making any statements to cops. Your lawyer will thank you for being brave.
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.
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,…
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!
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…
Very upfront and honest about the potential outcomes of my case.
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.
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…
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!!!
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!
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…
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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