Man Arrested for Possession Surprised to Find State Didn’t Legalize Marijuana

Ignorance of the law — and election news — wasn’t a valid excuse for an aging Arizona toker arrested this week in Golden Valley.

After allegedly resisting arrest, Lon Victor Post, 54, told deputies early Wednesday morning that he thought the state had legalized marijuana, according to the Mohave County Sheriff’s Office. Deputies took him to jail anyway.

Possession of any amount of marijuana remains a felony in Arizona after voters rejected Prop 205 in November by a ratio of about 52 percent to 48 percent. Perhaps Post was confused by the fact that roughly 100 miles to the west and north of him, thanks to successful legalization elections in California and Nevada, adults 21 and older now have the freedom to use marijuana without legal penalty. Maine and Massachusetts also legalized weed for all adults, making Arizona the only one of five states that turned down the opportunity.

The deputies noticed he was having trouble standing upright as he turned down the music and chatted with them. They also noticed a baggie of pot sticking out of his shirt pocket and soon determined that he wasn’t one of the roughly 100,000 Arizonans registered under the state’s medical-marijuana program. But Post, apparently thinking he was being hassled unfairly, “jerked away” as the deputies tried to take him into custody, Carter writes.

Post pulled away a second time, seemed to square up for a fight, and took a menacing step forward. Deputies hit him with a Taser blast, which calmed him down. He then asked why he was being arrested.

“Further conversations with Post, he said that he thought marijuana was legal,” Carter writes. “The deputy advised Post that marijuana is illegal without a prescription and medical-marijuana card.”

That last part isn’t quite right: Qualified patients need to obtain a recommendation, not a federally regulated prescription, in order to register for a card.

Deputies booked him on suspicion of resisting arrest, possession of marijuana, and possession of drug paraphernalia — all felonies.

Had Post been savvier, he could have obtained a card easily and possibly avoided the possession and paraphernalia charges.

But even under the voter-approved 2010 medical-marijuana law, smoking in public remains illegal.

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New Groups of Prior Sex Offenders Tagged for Lifetime Supervision and Monitoring

In a new law that took effect January 1, 2017, around a dozen different types of sex offenders are now required to be supervised by the State Board of Probation and Parole for the rest of their natural lives.  Along with the lifetime supervision, they are also subject to mandatory electronic monitoring through the use of an ankle bracelet, at the expense of the prior sex offender.  Adding additional fuel to the inevitable legal battle regarding the Constitutionality of the new bill, the state legislature made the law retroactive to August 28, 2006.  What this means is that anyone who plead guilty to the roughly 12 types of sex crimes, even all the way back in 2006, now suddenly have this new obligation regardless of how well they did on probation or how productive and law abiding they have been in life following their arrest.  Many of these crimes that require the lifetime registry and electronic monitor are non-contact offenses.

Understandably, sex offenders are not a group of people who are going to garner a lot of sympathy.  However, this new bill seems far over-reaching even in today’s society which treats sex offenses as a modern day scarlet letter.  The new law, RSMo. 217.735, includes offenses such as sexual misconduct involving a child.  Although titles of all sex offenses sound incredibly dangerous to most, sexual misconduct involving a child could include behavior such as urinating in public when a person less than 15 accidentally observes the act.  It is hard to imagine a scenario in which that crime should lead to lifetime supervision and lifetime electronic ankle monitor.

This bill is highly likely to be challenged in short order.  The Missouri Constitution forbids laws that ex post facto in nature, meaning laws that require a new obligation based on a prior act.  Appellate Courts across Missouri and across the country have made exceptions in the case of sex crimes, calling the new obligations civil in nature, rather than punitive.  Either way, this new bill is certain to be appealed an the Missouri Supreme Court is likely going to have to settle the debate as to whether or not these new requirements are Constitutional.

Teen Driving Curfews Could Cut Crime, But At What Cost?

Male teen laughing and driving car with two other laughing passengers

Research out of the University of Texas at Dallas say that teen driving curfews can not only curb car crashes, but they could also reduce juvenile crime. That said, should be really we limiting individual freedoms in order potentially reduce crime?

Before we delve into the ethics of the curfew, let’s take a look at the data. For their study, researchers at the University of Texas at Dallas analyzed national FBI data from 1995 to 2011 involving teenage drivers and drivers with an imposed curfew. According to researchers, arrests of teens fell between 4 and 6 percent in states that placed a driving curfew on new and inexperienced drivers. In the strictest states, arrests were down between 5 and 8 percent.

Other findings from the study include:

  • The largest declines in arrests were in states that had graduated license programs (GDLs) in place the longest.
  • The biggest drops in arrests were from crimes like murder or manslaughter (11 percent), larceny (5 percent) and aggravated assault (4 percent).

Researchers say GDL programs and driving restrictions have been shown to reduce the risk of a crash, but this was the first study to examine how these restrictions affect youth crime.

“Being able to drive or having friends who can drive is the difference between going out and staying home on a Saturday night,” said study author Monica Deza, an assistant professor of economics. “It seemed intuitive to us that having a curfew on driving hours affected the probability that teenagers would get themselves into trouble.”

Researchers stopped short of saying the study proves a cause-and-effect link, rather, they just noted that there was an association between teen driving curfews and reduced juvenile crime rates.

Balancing Restrictions and Freedoms

Everyone knows that getting your license is seen as one of the biggest steps towards adulthood a teen can make, but each state handles the provisional license differently. Some states don’t let new drivers hit the road after midnight or before 5 a.m., while other states restrict cell phone privileges while in the car.

The issue arises when we take the association at face value and jump to the notion that there should be a widespread driving curfew to reduce teen crime. While that may be true, there would also be a reduction in crime if we had a mandatory curfew that required all adults to be home by 9 p.m. We can’t use the guise of safety as a blanket rule to inhibit personal freedoms. Ben Franklin said so himself when he wrote “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”

We can go back and forth arguing whether or not driving at night is an “essential liberty,” but it speaks to the larger idea that we can’t just restrict personal freedoms in order to feel a little safer. Some checks and balances certainly need to be put in place for new drivers, but I’m not certain a nationwide curfew is the optimal route.

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Researching Your Attorney – Why Credentials Matter

Deciding which attorney to hire is perhaps the biggest decision people face when defending themselves against criminal prosecution.  Hiring the right attorney may seem like a daunting task given the number of attorneys out there.  Many lawyers claim to be criminal defense attorneys, but also claim to practice family law, personal injury, estates and trusts, and virtually every other kind of law there is.  This is a red herring for, “I am not an expert in any one area, so I’ll try to do a little bit of everything”.  Other attorneys claim to do only criminal defense, but in all candor, don’t have a clue what they are doing and offer a cheap price tag to offset their deficiencies.  Hiring an attorney obviously falls into the “buyer beware” category, but there are things you can do to ensure that you’re hiring a criminal defense attorney who is competent, experienced, and will give you the strong defense for which you’re entitled.

RESEARCH YOUR ATTORNEY.  We can’t say it enough.  Just because someone is listed online claiming to be a criminal defense attorney by no means ensures that they know what they are doing in the courtroom.  Even more concerning are the lawyers who send you solicitation letters in the mail.  Someone who simply claims to do criminal defense is not the same as someone who does criminal defense well.  The key is to research the attorney before hiring and to look for certain credentials to ensure successful, competent representation.

CREDENTIALS TO LOOK FOR: There are many groups and so-called “awards” that attorneys can join or win by simply paying money.  Realistically, those are not awards at all.  Awards that are most credible are those that are peer nominated (ie. attorneys nominating attorneys for awards), followed by independent third party research, and then voted on by credentialed panels.  Awards that fall into this category include Superlawyers, Missouri Lawyers Weekly, Martindale-Hubbell, and Top 100 Trial Lawyers.

Additionally, certification and expertise in a specific area of law is a huge plus.  Although the Missouri Bar does not recognize outside certification organizations, and offer no specialty certification of its own, the National Board of Trial Advocacy offers certification in specialized areas of practice that are recognized by the American Bar Association.  For example, Criminal Trial Practice is a specialty area of certification that the NBTA offers and is recognized by the American Bar Association.  In order to be certified by NBTA to ensure specialized knowledge and experience in Criminal Trial Practice, an attorney must go through a rigorous application process, demonstrate adequate experience across dozens of key practice areas, and finally complete a bar style exam solely in criminal law.  It is a scary thought, but many people who practice criminal defense in Missouri likely could not pass this exam.  That is why certification by your attorney is something to look for to ensure competency and specialized knowledge to protect you against government prosecution.

IS THE ATTORNEY DEDICATED TO CRIMINAL DEFENSE?  Finally, one key in hiring a good criminal defense lawyer is to look for whether the attorney you hire is dedicated to his or her profession of criminal defense and to his or her clients.  Many defense attorneys tout the fact that they used to be prosecutors.  I’m not so sure this is a positive.  You want an attorney who is going to be loyal to you without the concern of them playing both sides.  Additionally, you want to see your attorney have specialized education in criminal defense and specific involvement in criminal defense only groups, such as the Missouri Association of Criminal Defense Lawyers and the National Association of Criminal Defense Lawyers.  These organizations provide criminal defense specific training throughout the country to better equip defense lawyers for the rigors of providing the best representation possible for their clients.

Attorney Adam Woody has the among the most combined experience, credentials, and courtroom success of any criminal defense attorney in Southwest, Missouri.  He has never practiced any area of law other than criminal defense, and has been perfecting his craft for over a decade.  He is a graduate of the University of Missouri-Columbia School of Law, as well as the National Criminal Defense College in Macon, Georgia.  He is a general member of the National Association of Criminal Defense Lawyers, and the treasurer of the Missouri Association of Criminal Defense Lawyers, an organization for which he is on track to be president of in two years.  He has been named to the Superlawyers Rising Stars list in 2016, he has won the Missouri Lawyers Weekly Up and Coming Attorney award in 2011, and he has been named a Top 100 Trial Lawyer in the country in 2013 through 2016.  He is board certified in the area of Criminal Trial Practice by the National Board of Trial Advocacy, and is the only attorney in Southwest, Missouri to achieve such specialty certification.  He has achieved an AV rating by the lawyer rating resource, Martindale-Hubbell, which indicates a Preeminent rating, the highest rating available, based on peer and client reviews and independent panelist research.  He is a member of the invitation only group, National College for DUI Defense, and he has received the same certification in standardized field sobriety testing as police officers receive in their academy.  Adam has achieved hundreds of dismissals for clients accused of crimes, as well as dozens of not guilty verdicts, including for the most egregious of charges such as first degree murder.  He is a criminal defense attorney who is dedicated to that profession alone, and he is ready to step into the courtroom and provide you the best defense available in the region.

When researching an attorney to determine whether you will get the most experienced, most competent, and most prepared defense available, look no further than attorney Adam Woody.  He’s ready to fight the battle with you as your advocate in the courtroom.

Understanding Vandalism Charges

The word vandalism spray painted on a cement wall

If you or a loved one is charged with vandalism in Missouri, whether it be tagging or graffiti or defacing property, the result can be serious charges and severe penalties. If damage resulting from the vandalism is bad enough, you can face steep fines, a criminal record, jail time and even time in state prison.

Many do not realize that parents of minors are financially responsible for the damage that their children cause.  Parents of minors charged with vandalism or tagging need to hire an experienced criminal defense lawyer to handle their case.

Types of Vandalism
  • Carving into a piece of glass or wood such as a table, chair, desk or bench with a knife or any other tool
  • Breaking windows or doors
  • Tagging with markers or paint
  • Damaging somebody else’s property including mailboxes, cars, plants, lawn or other personal property with intent
Difference Between Misdemeanor & Felony Vandalism

For a person to be found guilty of vandalism prosecutors must prove that they maliciously intended to damage or deface personal property of another person.

Charges of Misdemeanor or Felony depend of the severity of the damage caused. Typically damage under the amount of $750 is considered a misdemeanor while damage of $750 and over is considered a felony.

Acts of vandalism will automatically be felonies if they are proved to be “hate crimes.”

An experienced criminal defense attorney can help you understand your case as well as help you get the best possible result in court. In some cases, your case may even be dropped if there is not enough evidence.

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Will People Be Able to See My Criminal Case Online?

Look, I get it, you are embarrassed about what you are going through. You do not want people to know about that DWI that you are dealing with. Or that Misdemeanor Assault. You do not want your employer to find out about it and you certainly do not want your mom finding it. So, will they see it?

Believe it or not this is a simple and complicated question at the same time. In the practice of law there are a lot of moving parts. Some of those moving parts are easy to predict and some are much more difficult. I am going to start with some broad statements that are generally true and then move into the specifics on what my experience has shown.

 

The first undeniable truth that you will need to accept is that we live in a digital age. Everything is recorded and placed on the web. Some things are easy to find and some things are very very hard to find, but they are out there. So, the first thing that you will need to consider is who is looking and how hard are they trying to find something. There is a FBI list called the NCIC. This is the National Crime Information Center which is a computerized database of documented criminal justice information available to virtually every law enforcement agency nationwide, 24 hours a day, 365 days a year. If a cop pulls you over, this is one of the things he or she is checking on back at their car. That list shows every arrest, plea and conviction on your record. So if you have been arrested for an assault on law enforcement officer in the past, even if that charge never went anywhere, the cop IS going to treat you different. But Grandma is going to have a hard time finding you on the NCIC.

 

The second issue is Casenet. You can find that here: Casenet. This is going to be where every person charged with a STATE offense will be shown. (example: State of Missouri v. John Doe). Whether it is a speeding ticket to a DUI to a murder charge, you are going to be on here. People get confused about this in regard to being charged in Greene County. This is considered a State Charge. Some municipal charges are on Casenet as well. That depends on the City. For instance, Springfield Municipal is NOT on Casenet, but the City of Nixa is on there. You may eventually come off of Casenet if you receive a SIS or you win your case at trial. Additionally, there is a very rare thing that can be done at the discretion of the Court which would change the clearance level of those that can see you on Casenet. That rarely happens in Criminal Cases and is more likely in the Family Court setting.

 

The third issue is all the mugshot websites. This is a hard one. Every time you pull one down it seems that a new one pops up. If money is not an issue, go ahead and spend away to have these pictures pulled down. I have a hard time telling my clients to do it because your picture will roll off the front page in a few hours. After that, you can look people up by their last name, but the websites are so bad it takes forever to even pull up the picture. It is your money and you can spend it how you want. I DO know that if I call as an attorney to pull your picture down they charge me more than they would charge you to do it yourself.

 

The fourth issue is going to be your driving record. Anyone with $8 and clearance through the State of Missouri can order your driving record and find every speeding ticket and DUI and administrative action you have. There is no protecting against this, but know that Grandma will likely not have that ability. Jobs on the other hand will…

 

Will your employer see the criminal charge? I do not know for sure. Why are they looking? Are they looking for a reason to let you go? Then they will find one and it does not have to be for this. Are they looking because their insurance needs an update on your driving record? They will find any driving offense (including a DUI) with a driving record.

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What is a Class A Felony in Missouri?

The Class A Felony is the highest level of classification of crime in the State of Missouri. This is the highest of the high, the most serious level of crime.

This includes cases like Murder in the First Degree, Murder in the Second Degree, Robbery in the First Degree and some drug crimes like Trafficking in the First Degree.

From a lawyer’s point of view these big cases are what the big time lawyers live for. Can they be technical? Yes, but rarely so. It is a common saying that from a legal point of view a DWI can be more difficult to try in a technical point of view than a homicide. There is a lot more science and need for precision in analyzing Standardized Field Sobriety Tests, Breathalyzers and the expert witnesses the officers are holding themselves out to be. Robberies cases do not tend to be scientific in nature. They tend to be more fact base. That makes it less likely to find a technicality to get you or your loved one out of hot water. You need good lawyering more in these high end cases than a routine DWI.

Why do the big time lawyers want these big cases? These cases can be true life changers. These cases are the ones that decide if you are going to be there for your family for the next 10, 20 or 30 years; if you are going to be able to see your five-year-old graduate from high school, or get married, or have kids of their own. These are big time stakes. Big time players want the ball.

You need to be looking for the right kind of attorney to deal with these high end cases. Some of the things you should be looking for in an attorney if you or a family member has been charged with this sort of crime.

Having the compassion to deal with the client and their family. Taking time to explain the situation to them. To talk about the facts. Do they take phone calls and return phone calls?

  • Having the knowledge to deal with the legal issue. To be able to spot where the prosecutor went too far or the detective asked one too many questions. Are they straight out of law school? Are they looking at 1970 law? You need someone up to date but still having the experience.
  • Having the experience to know how the Judge is likely to rule. To be able to predict what is going to happen.
  • Do they try cases? Winning is good, but trying cases is the important part. I once worked for an attorney that said there are two types of attorneys: Cryers and Tryers. If you have a Tryer on your side, you will always beat the Cryer. Being able to stand up and hold the line is an important part of our legal system. Make sure you hire someone that is not afraid to hold that line for you.

Why do you need this kind of lawyer? Because the Revised Statutes of the State of Missouri (RSMo) states that a Class A Felony shall have the punishment as follows:

558.011. 1. The authorized terms of imprisonment, including both prison and conditional release terms, are:

 For a class A felony, a term of years not less than ten years and not to exceed thirty years, or life imprisonment;

Additionally, if you are charged with Murder in the First Degree, the death penalty is also on the table. The stakes do not get higher than this.

Class A felonies will determine the way you live your life for a very long time to come. Do not leave it up to chance.

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Pot Breathalyzers are Being Tested By Law Enforcement

With the number of states that have passed recreational marijuana laws, the need to detect stoned drivers has increased. Technology companies have come to the rescue, creating devices to detect whether an individual has recently smoked or ingested marijuana. While the devices are still undergoing testing, one researcher, who happens to be a volunteer officer, has begun field testing. Like the alcohol breathalyzers that are commonplace, the marijuana breathalyzer detects the active ingredient, THC, in an individual’s breath. Based on the reading provided, an officer will be able to tell if a person has recently ingested or smoked marijuana. However, unlike alcohol, where there have been countless studies regarding the point of impairment, the research in regards to marijuana is lacking.

Why Does Law Enforcement Need a Pot Breathalyzer?

Marijuana, unlike alcohol, cannot be as accurately detected in urine, saliva, or blood tests. While it will show up in all three tests, the problem is that it can show up for days, weeks, or even months after the last consumption. The breathalyzer serves to bridge the gap in evidence an officer would need, not just to make an arrest, but also to make a court conviction more probable. The pot breathalyzer would allow officers to premise an arrest for DUI on marijuana based not only on a field sobriety test, but also on a breathalyzer reading that shows the driver has consumed marijuana within the last few hours. The device cannot detect marijuana use beyond a few hours.

When Will Device Go to Market?

While nearly half the country now allows either medical or recreational marijuana, the pot breathalyzers are not set to be publicly available for some time. The manufacturers are trying to rush the product to market, but more time is still needed. The devices still need to go through rigorous testing for accuracy, as well as the development of a standardized scale for when a person should be considered inebriated by marijuana. Just like many states have adopted the 0.08% BAC standard, a similar standard will need to be developed for marijuana before these devices can actually be effective.

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Client Acquitted of First Degree Murder, Freed After 8 Years Behind Bars

We are thrilled to announce that client Michael E. Amick has been freed from custody after 8 years in jail or prison.  His trial started on November 28, 2016 and following a three and a half day jury trial, a Butler County jury found Mike not guilty of First Degree Murder and Second Degree Arson.  He was initially charged on December 5, 2008 and his case first went to trial in June, 2011 with Dee Wampler as his lead attorney.  He was convicted of Second Degree Murder and Second Degree Arson.  His conviction was later reversed on appeal by the Missouri Supreme Court based on an error that the court made during jury deliberations, which should have a required a mistrial.  Once the case was reversed and sent back to state court, Mr. Amick’s family hired Adam Woody as his attorney.  This week, a Butler County jury of 7 men and 5 women found him not guilty of both counts after approximately three hours of deliberation.  One juror explained that the initial vote was 11-1 for not guilty, and that those 11 were ready to announce a not guilty verdict within 10 minutes.  However, one juror wanted to discuss the facts further.

This case has garnered state and national attention.  There has been a strong “Michael Amick is Innocent” presence on facebook, started by his family who knew he was innocent and fought for his freedom from day one.  

Following his acquittal, the St. Louis Post-Dispatch published the following article titled, Man Acquitted After 8 Years Behind Bars.  

KY3, the NBC affiliate in Southwest, Missouri, completed an article on the case.  See that article here.  

KOLR10, the Southwest, Missouri CBS affiliate did a story.  Read that article and watch the segment here

The Columbia Daily Tribune in Columbia, Missouri also did an article.  See that here.

We are proud to see what our hard work and dedication to our clients can do.  The system works when the attorneys within it work hard for their clients.  We are thrilled for Michael and his family.  He has a wife and three young children, ages 11, 9, and 8.  They were reunited with their father after 8 years away from him.  Mike is 40 years old and has a lot of years of freedom ahead of him.  He is excited to see what the next chapter will bring, as are we.

Missouri Supreme Court Throws Out All DWI Breathalyzer Results From 14-month Period

This has been a busy week here at the Law Office of Adam Woody.  Adam was interviewed by KSPR and KOLR10 regarding Tuesday’s Supreme Court decision, which determined that all breathalyzer results in DWI cases cannot be used against the driver in either the criminal case or to suspend their driver’s licenses, if that breathalyzer had been maintained between November 30, 2012 through January 29, 2014.  Although most DWI’s from that time period have already been resolved, there will no doubt be additional litigation to determine the impact this ruling will have on already resolved cases.  Contact us as soon as possible if you or anyone you know may be impacted.