Experienced Criminal Defense Lawyers Fighting for Your Rights in Southeast Missouri
Every criminal charge must be taken seriously—even if you don't have a prior record or you believe the situation is just a simple misunderstanding. Without a plan to proactively address the charges, you risk having your future jeopardized by fines, jail time, and the negative personal and professional consequences of a criminal record.
At Layton & Southard, we've seen firsthand what can happen when defendants simply hope for the best instead of actively building a defense. When you work with our Cape Girardeau criminal defense team, we'll investigate all available options to develop the strongest possible defense and minimize any potential negative outcomes.
YOUR FREEDOM IS AT STAKE: Time is critical in criminal cases. Evidence disappears, witnesses forget details, and prosecution builds their case daily. Don't wait to protect your rights. Contact our Cape Girardeau criminal defense attorneys immediately for your free consultation.
Call 573.335.3359 - Free Consultation
What Should I Do If I'm Arrested in Missouri?
Critical Steps to Protect Your Rights
- Exercise your right to remain silent - Anything you say can and will be used against you
- Request an attorney immediately - Do not answer questions without legal representation
- Do not consent to searches - Make police obtain warrants when required
- Do not resist arrest - Even if you believe the arrest is unlawful
- Contact an experienced Cape Girardeau criminal defense lawyer as soon as possible
Building Your Criminal Defense
An experienced criminal defense lawyer will:
- Review all evidence including police reports, videos, and witness statements
- Investigate potential constitutional violations during arrest or search
- Challenge improper police procedures or evidence collection
- Negotiate with prosecutors for reduced charges or alternative sentencing
- Provide aggressive trial advocacy if your case goes to court
Remember: The prosecution has unlimited resources to build their case against you. You need experienced advocates fighting for your rights.
Criminal Charges We Handle in Cape Girardeau
Our knowledgeable and experienced criminal trial attorneys are equipped to handle a wide range of misdemeanor and felony criminal charges within Missouri:
DWI & DUI Charges
Driving while intoxicated carries stiff penalties—especially if you are a minor, a commercial driver, or have a previous conviction on your record. However, these charges can sometimes be bargained down to a lesser, non-alcohol-related driving offense.
Traffic Violations & Vehicular Crimes
In some cases, speeding and traffic violations are considered criminal offenses. Fighting the charge or negotiating a plea for a moving violation would prevent you from having a criminal record. Other vehicular crimes include:
- Driving without a valid license
- Hit and run
- Vehicular manslaughter
- Careless and imprudent driving
Assault Charges
There are four different potential assault charges under Missouri law. The most serious is assault in the first degree, which requires a person to attempt to kill or knowingly cause or attempt to cause serious physical injury to another person.
Theft, Robbery & Burglary
Missouri law allows for a theft charge when property or services are taken without consent. Robbery requires the use of force during the crime, while burglary involves entering a building with the intention of committing a crime.
Drug Crimes
Under Missouri law, even simple drug possession charges can be felony-level crimes. We handle a wide range of drug-related charges, including:
- Possession of controlled substances
- Possession with intent to distribute
- Drug distribution and trafficking
- Illegal use of prescription drugs
- Sale of controlled substances
Violent Crimes
Homicide, murder, rape, and sodomy are just a few of the many different violent crimes covered under Missouri law. These felonies can lead to substantial prison time, so it's essential that you work with a skilled criminal defense attorney.
Weapon Charges
Missouri has some of the most permissive gun laws in the country. However, it's still illegal to:
- Possess a weapon if you are a felon or otherwise restricted
- Give or sell a gun to someone who can't legally own a firearm
- Provide firearms to minors without parental consent
- Sell firearms to intoxicated persons
Domestic Violence
Missouri law considers domestic assault any action that knowingly causes or attempts to cause physical injury to a member of your family or household. Domestic violence charges may be accompanied by related charges such as stalking, kidnapping, false imprisonment, or elder abuse.
Probation Violations
Every probation comes with specific terms and conditions. Two of the most common probation violation offenses are being charged with a new crime or stopping contact with the assigned probation officer.
Missouri Criminal Law: Understanding Your Rights
Constitutional Rights During Arrest
You have fundamental rights that police must respect:
- Right to remain silent - You don't have to answer questions
- Right to an attorney - Request a lawyer immediately
- Right against unreasonable search - Police need warrants or probable cause
- Right to due process - Fair treatment throughout the legal process
Missouri Criminal Classifications
Felony Classifications
- Class A Felony: 10-30 years or life imprisonment
- Class B Felony: 5-15 years imprisonment
- Class C Felony: Up to 7 years imprisonment
- Class D Felony: Up to 4 years imprisonment
- Class E Felony: Up to 4 years imprisonment
Misdemeanor Classifications
- Class A Misdemeanor: Up to 1 year jail, $2,000 fine
- Class B Misdemeanor: Up to 6 months jail, $1,000 fine
- Class C Misdemeanor: Up to 15 days jail, $750 fine
The Criminal Justice Process in Missouri
- Arrest and Booking
- Initial Appearance - First court appearance, bail set
- Preliminary Hearing - Judge determines probable cause
- Arraignment - Formal charges read, plea entered
- Discovery and Motion Practice - Evidence exchange, legal motions
- Plea Negotiations - Potential plea bargain discussions
- Trial - If case doesn't settle, trial by jury or judge
- Sentencing - If convicted, penalties imposed
Common Criminal Defense Strategies
Challenging the Evidence
Successful criminal defense often involves challenging the prosecution's evidence:
- Illegal searches and seizures - Evidence obtained without proper warrants may be suppressed
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- Chain of custody issues - Improperly handled evidence can be excluded
- Witness reliability - Questioning witness credibility and memory
- Expert testimony - Challenging forensic evidence and expert opinions
Constitutional Violations
Police and prosecutors must follow strict constitutional requirements:
- Miranda rights violations
- Unlawful detention or arrest
- Coerced confessions
- Denial of right to counsel
Affirmative Defenses
Depending on your case, applicable defenses may include:
- Self-defense or defense of others
- Alibi - you were elsewhere when the crime occurred
- Mistaken identity
- Mental health defenses
- Entrapment by law enforcement
Plea Negotiations
Experienced lawyers can often negotiate favorable plea agreements:
- Reduced charges (felony to misdemeanor)
- Alternative sentencing (probation instead of jail)
- Deferred prosecution agreements
- Expungement eligibility
Missouri Criminal Penalties and Consequences
Immediate Penalties
Criminal convictions in Missouri can result in:
- Imprisonment: From days to life sentences depending on charges
- Fines: Hundreds to thousands of dollars
- Probation: Court supervision with specific conditions
- Community service: Required volunteer work
- Restitution: Payments to victims for damages
Long-Term Consequences
A criminal record creates lasting impacts beyond immediate penalties:
- Employment limitations - Many employers conduct background checks
- Housing restrictions - Landlords may deny rental applications
- Professional licensing issues - Impact on professional certifications
- Educational opportunities - College admissions and financial aid affected
- Immigration consequences - Deportation risk for non-citizens
- Loss of civil rights - Voting and gun ownership restrictions
Enhanced Penalties for Repeat Offenders
Missouri has strict repeat offender laws:
- Prior and Persistent Offender: Enhanced sentences for repeat felonies
- Dangerous Offender: Extended terms for violent crimes
- Three Strikes Law: Life sentences for certain repeat offenses
Frequently Asked Questions About Criminal Defense
What should I do if I'm arrested for a crime in Missouri?
If arrested in Missouri: (1) Exercise your right to remain silent, (2) Request an attorney immediately, (3) Do not consent to searches, (4) Contact an experienced Cape Girardeau criminal defense attorney as soon as possible. Anything you say can be used against you in court.
How much does a criminal defense attorney cost in Cape Girardeau?
Criminal defense attorney fees vary based on case complexity and charges. We offer free initial consultations and flexible payment plans. The cost of experienced legal representation is minimal compared to the potential consequences of conviction.
What are the penalties for a first-time DWI in Missouri?
First-time DWI penalties in Missouri include up to 6 months jail, $1,000 fine, 90-day license suspension, possible ignition interlock device, and completion of a substance abuse program. Prior alcohol-related driving offenses can increase penalties significantly.
Can a felony charge be reduced to a misdemeanor in Missouri?
Yes, experienced criminal defense lawyers can often negotiate felony charges down to misdemeanors through plea bargaining. This depends on case facts, evidence strength, and your criminal history. Early legal intervention is crucial for the best outcomes.
What happens at a probation violation hearing in Missouri?
At a probation violation hearing, the prosecution must prove you violated probation terms by a preponderance of evidence (lower standard than 'beyond reasonable doubt'). Possible outcomes include continued probation, modified terms, or revocation with jail time.
How long does the criminal defense process take in Missouri?
Criminal cases in Missouri can take 3-18 months depending on complexity and court schedules. Misdemeanor cases typically resolve faster than felonies. Plea negotiations can expedite the process, while trial preparation takes longer but may result in better outcomes.
Should I take a plea deal or go to trial?
This critical decision depends on evidence strength, potential penalties, and your specific circumstances. Our experienced attorneys will analyze your case thoroughly and advise you on the best strategy to minimize consequences and protect your future.
Why Choose Layton & Southard for Your Criminal Defense?
Decades of Criminal Defense Experience
Our lawyers have been defending clients in Cape Girardeau and Southeast Missouri since 1972. John Layton and Stephen Southard bring combined decades of criminal trial experience to every case.
Proven Track Record
We've successfully defended hundreds of criminal cases in Cape Girardeau courts. Our reputation for thorough preparation and aggressive advocacy gets results for our clients.
Personal Attention to Every Case
As a local Cape Girardeau firm, we provide personalized service that large regional firms cannot match. You'll work directly with experienced attorneys who understand local courts and prosecutors.
Comprehensive Defense Strategy
We investigate every angle of your case, challenge improper evidence, and fight for the best possible outcome. Our thorough approach often reveals defenses that less experienced attorneys miss.
Available When You Need Us
Criminal charges don't happen on a schedule. We're available for emergency consultations and work quickly to protect your rights from the moment of arrest.
- Phone: (573) 335-3359
- Available for emergency consultations
- Free initial consultation
- Flexible payment plans available
- Over 50 years combined criminal defense experience
Areas We Serve
From our Cape Girardeau and Perryville offices, we serve clients throughout:
Missouri Counties
- Cape Girardeau County: Cape Girardeau, Jackson, Scott City
- Perry County: Perryville, Altenburg
- Scott County: Sikeston, Benton, Chaffee
- Bollinger County: Marble Hill, Zalma
- Madison County: Fredericktown, Marquand
- Stoddard County: Dexter, Bloomfield
Illinois Counties
- Alexander County: Cairo, Thebes
- Union County: Anna, Jonesboro
- Jackson County: Murphysboro, Carbondale
Courts We Practice In
- Cape Girardeau County Circuit Court
- Perry County Circuit Court
- Scott County Circuit Court
- Federal District Court for the Eastern District of Missouri
- Missouri Court of Appeals
Contact Our Cape Girardeau Criminal Defense Lawyers Today
Your freedom and future are at stake. Don't wait to protect your rights. Time is critical in criminal cases - evidence disappears, witnesses forget details, and the prosecution builds their case every day.
Free Consultation Available
We offer free consultations to all criminal defendants. During your consultation, we'll:
- Review the charges against you
- Explain your legal rights under Missouri law
- Discuss potential defenses and strategies
- Outline the criminal justice process
- Answer all your questions about your case
Multiple Ways to Reach Us
- Call our Cape Girardeau office: 573.335.3359
- Contact us online for a prompt response
- Visit our office: Cape Girardeau location
Emergency consultations available 24/7 for arrests and urgent matters.
Remember: Anything you say can be used against you. Get experienced legal representation before speaking to police or prosecutors.
Schedule Your Free Consultation Today
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