Criminal Law

The court’s authority for sentencing is found in 557.011 RSMo. Most commonly this includes a fine, a term of imprisonment, or some combination thereof. No Missouri court may impose sentence other than those authorized by statute.

In 2018 Missouri passed a new comprehensive expungement law, which is now codified at 610.140 RSMo. Under the new law approximately 1,900 offenses can now be expunged. A petition to expunge a misdemeanor may be filed one (1) years after completion of any sentence or probation period. A petition to expunge a felony may be filed three (3) years after completion of any sentence or probation period.

Information provided on this page is for educational use only. Accessing this page does not give rise to an attorney-client relationship, and the information provided should not be regarded as legal advice. Laws of the State of Missouri are subject to change, and there is no warranty, express or implied, that the information included on…

Under Missouri law, a criminal charge of DWI or excessive b.a.c. often also carries the potential for additional civil penalties, notably the suspension or revocation of the subjects driver license. At the time of arrest for an alcohol related driving offenses in which a blood alcohol result of .08% or higher is obtained, the arresting officer will seize the subject’s driver’s license, and issue a notice of suspension to the driver.

Contrary to popular belief, possession of marijuana has not been decriminalized in Columbia, Missouri or surrounding areas. Presently possession of marijuana, including synthetic marijuana such as “K2,” is a violation of Section 579.015 Revised Statutes of Missouri, and Columbia Ordinance Section 16-253.

Under Missouri law the Missouri Director of Revenue must assess “points” on a Missouri driver’s license upon conviction for certain traffic related offenses. An accumulation of points can lead to license consequences such as a license suspension or license revocation.

Under Missouri law certain offenses may be expunged following a period of good behavior without additional convictions. If all prerequisites are met it is currently possible to expunge a Missouri DWI including all records of criminal conviction, arrest records, and driving records.  The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction as if such event had never taken place.

Under Missouri law it is a misdemeanor for anyone under the age of twenty-one to purchase, attempt to purchase, or  have in his or her possession any intoxicating liquor;  to be visibly in an intoxicated condition; or to have a detectable blood alcohol content of more than two-hundredths of one percent.

Potential license suspensions or revocations depend on a number of factors. Factors range from the way the specific offense is charged to the probable cause for the stop. Even in cases of an offense included in the abuse and lose laws, a skilled attorney can often work to avoid the civil effects on your driver’s license and keep you on the road.