Yesterday, Missouri lawmakers passed a measure that could reduce the number of people in local jails and state prisons. The legislation passed the Missouri House of Representatives by a vote of 138 to 11, and unanimously passed the Senate by a vote of 32 to 0 last week. Now, it goes to Missouri Governor Mike Parson’s desk to officially sign it into law.

Once signed by Governor Parson, the Bill will eliminate mandatory minimum sentences for some non-violent offenses. Perhaps most importantly, it would bar people from being put back into jail for not paying the costs of their previous incarceration.

Current Statute Permits Imprisonment for Failure to Pay

First, under the current law, a prosecutor or Court can require a defendant to “show cause” as to why he should not be imprisoned for failure to pay. If no “good cause” is shown, then the court can imprison the defendant for various lengths of time depending on whether the offense was a felony or misdemeanor. For felonies, courts could imprison the defendant for up to 180 days for a felony. For misdemeanors, courts could imprison the defendant for 30 days. Source.

New Law Will Eliminate Imprisonment for Failure to Pay

This Bill eliminates “show cause” orders for failure to pay and takes away the Court’s authority to imprison the defendant for failure to pay. Instead, when a defendant fails to pay a fine or an installment, the fine or installment may be collected by any method authorized for civil money judgments, i.e. judgment, collection, garnishment.

The new law authorizes the Court may waive the fines entirely. In no event can the recovery of costs be the subject of any condition of probation. And the failure to pay costs cannot be the only basis for the issuance of a warrant.

This comes after the Missouri Supreme Court ruled in March that local courts cannot put people in jail for not paying previous debts. Click here for more on that Supreme Court ruling.

The legislation reflects a national trend toward more lenient prison terms for some drug offenders and low-level criminals, as states place a greater emphasis on alternative strategies for rehabilitation.

It will be interesting to see how these changes in the law effect cases in Southwest Missouri. If you or someone you love is in jail, these changes in the law could be the ticket out of jail. It is critical to contact an experienced criminal defense attorney to take advantage of these changes in the law. Contact The Law Office of Adam Woody at (417) 720-4800.

Click here to read the full text of the Bill.

On Tuesday, the Missouri Supreme Court reversed Jerome Roesing’s one year license revocation for refusal to consent to a chemical breath test. The Supreme Court held that law enforcement deprived Roesing of his right to counsel when it listened to and made audio/video recordings of the end of his conversation with his attorney.

Right to Attempt Contact with an Attorney

Missouri law guarantees the right to attempt to contact an attorney for only twenty minutes. RSMo. 577.041.1. The purpose of the law is to provide the driver with a reasonable opportunity to contact an attorney to make an informed decision about whether to submit to a chemical test.

Any refusal must be “voluntary and unequivocal.” When a driver conditions his refusal on consulting with an attorney, but is not given a reasonable opportunity to do so, then the driver is not deemed to have refused to submit.

Roesing Case

In Jerome Roesing’s case, he requested to call an attorney and was successful in reaching one. After speaking to the attorney for one minute, Roesing handed the phone to the officer and the attorney told the officer he wished to speak to Roesing in private.

The officer refused to give the attorney and client any privacy by standing three feet away and audio/video recording the conversation, which were ultimately turned over to the prosecuting attorney for use in the criminal charge.

At the end of the conversation, Roesing refused to submit to a chemical test. After that, the Department of Revenue revoked Roesing’s driving privileges for one year for refusing to submit to the chemical analysis.

Missouri Supreme Court Clarifies Right to Contact Attorney Includes Privacy

In support of Roesing, two organizations filed briefs as friends of the Court: the American Civil Liberties Union of Missouri and the Missouri Association of Criminal Defense Lawyers, which Mr. Woody leads as President of the organization.

On Tuesday, the Missouri Supreme Court clarified that the driver is only afforded an opportunity to contact an attorney and make an informed decision if the driver is able to candidly disclose all necessary information to receive appropriate advice from the attorney.

A driver is not free to speak candidly with his attorney regarding potentially incriminating evidence when there is a possibility that anything can be shared with the prosecuting attorney who will decide whether to file criminal charges.

The Court held that “to have meaningful contact with an attorney, the conversation must be private” and “privacy is inherent in a driver’s [] right to counsel.”

It will be interesting to see how the Roesing case affects refusal cases in Southwest Missouri. If you or someone you love is asked to submit to a chemical test, always request to contact an attorney and speak to the attorney privately.

To read the entire Roesing Case, click here.

On December 18, 2018, Canada’s new impaired driving laws went into effect. Under the new laws, driving while intoxicated by drugs or alcohol is now considered a serious offense, placing it in the same legal category as murder, aggravated sexual assault, and drug trafficking.

Previous Law

Under the previous Canadian criminal code, DWI is considered an offense of “ordinary criminality” such that it carried a maximum punishment of five years. That meant individuals convicted of offenses of criminality in other countries, such as DWI, were deemed inadmissible for ten years. After five years one could apply for an “approval of rehabilitation” and prior to five years the only way to travel to Canada would be to obtain a Temporary Resident Permit.

New Law

Now that the new law has taken effect, the maximum punishment for a DWI conviction increases to 10 years as the crime is re-designated as one of “serious criminality”.  This will have several impacts on those with DWI or DWI related convictions who wish to travel into Canada. No longer will one convicted of DWI be automatically deemed rehabilitated after ten years.  They will still be allowed to seek “approval of rehabilitation” after five years but the designation of “serious criminality” means that the application and review process will likely become more difficult and restrictive.  The same will be true for those seeking a Temporary Resident Permit.

If you or a loved one is considering a visit to Canada and have a DWI or similar offense on their record from after December 2018, these new rules could make it much more difficult for them to enter the country. While the new law will not be applied retroactively, anyone with an old DWI on their record should still be prepared to face increased scrutiny and questioning at the border. Even George W. Bush had to get a special waiver to enter Canada because of his 1976 drunk driving conviction. Without legal assistance, travelers with a DWI on their records from December 2018 or later will likely find themselves unable to enter Canada.

Source.

In November, Missouri voters approved Amendment 2 to permit state-licensed physicians to recommend marijuana for medical purposes to patients with serious illnesses and medical conditions.

The Missouri Department of Health & Senior Services (DHSS) answered some of the frequently asked questions Missourians have about medical marijuana.

Can I legally possess medical marijuana now?

No. Amendment 2 requires steps be taken before medical marijuana is available.

When will medical marijuana be available?

The Department will begin accepting applications for cultivation, manufacturing, and dispensing facilities on August 3, 2019. Medical marijuana is expected to be available for purchase in January 2020, at the earliest.

How do I get medical marijuana?

Step 1: Visit a state-licensed physician (not a nurse practitioner or physician’s assistant) to obtain a physician certification.
Step 2: Apply for an ID card from the Missouri Department of Health and Senior Services (starting on July 4, 2019). The fee is $25.
Step 3: Once your application is approved and you receive your ID card (within 30 days of application), purchase medical marijuana from a state-licensed dispensary (not a pharmacy).

What medical conditions qualify for a medical marijuana certification?

• cancer;
• epilepsy;
• glaucoma;
• intractable migraines unresponsive to other treatment;
• chronic medical conditions that cause severe, persistent pain or persistent muscle spasms, including but not limited to: multiple sclerosis, seizures, Parkinson’s disease, and Tourette’s syndrome;
• debilitating psychiatric disorders, including PTSD (if diagnosed by a state licensed psychiatrist;
• HIV or AIDS;
• a chronic medical condition that is normally treated with a prescription medicine that can lead to psychological or physical dependence, when a physician determines that medical marijuana could be effective in treating the condition and would be a safer alternative;
• any terminal illness;
• any other chronic, debilitating or other medical condition, including but not limited to hepatitis C, amyotrophic lateral sclerosis, IBS, Crohn’s disease, Huntington’s disease, autism, neuropathies, sickle cell anemia, agitation of Alzheimer’s disease, cachexia and wasting syndrome.

Important Points:

(1) People with an out-of-state medical marijuana card or a physician certification cannot legally possess medical marijuana in Missouri on December 6, 2018.

(2) You can grow your own marijuana plants for medical use, with the appropriate ID card and in an appropriate facility.

(3) Applications can be submitted beginning on August 3, 2019, for cultivation, manufacturing, testing, transportation, seed-to-sale, or dispensing facility license. It takes 150 days after the application is received to receive the license, if approved.

(4) The fees for applying are pretty steep. A Cultivation Facilities application requires a $10,000 non-refundable application fee, and a $25,000 annual fee. Dispensary Facilities require a $6,000 non-refundable application fee, and a $10,000 annual fee. Medical marijuana-infused manufacturing facilities require a $6,000 non-refundable application fee and a $10,000 annual fee.

The FAQ provided by the DHSS clarifies some of the questions that Missourians have about medical marijuana. We will continue to monitor the development of medical marijuana in Missouri.
Source.

Earlier this month, medical marijuana was legalized in Missouri. Medical marijuana legalization threatens the use of drug dogs trained to detect marijuana in the state.

Are the Dog Days Over?

Any search of a vehicle must be supported by probable cause. The officer must be able to point to facts or circumstances that would lead a reasonable person to believe evidence or contraband relating to criminal activity will be found in the vehicle. Law enforcement in all states employ highly trained drug detection dogs to sniff vehicles stopped by police.

In Florida v. Harris (2013), the Supreme Court of the United States issued a unanimous decision that a drug dog’s training and certification are adequate indicators of his reliability, and a dog’s alert provides probable cause to search a vehicle.

Last year, the Colorado Court of Appeals set a new precedent for drug cases. A panel of three judges ruled that officers using drug dogs trained to sniff marijuana and other drugs need a stronger reason to search a car without permission.

The ruling stemmed from a 2015 case involving a narcotics dog, Kilo. Kilo alerted to the smell of illegal drugs from a man’s truck. But Kilo was trained to detect marijuana, among other drugs. The Colorado Court of Appeals overturned the man’s drug conviction, and ruled that Kilo could not tell the officers whether he smelled marijuana or another drug in the man’s truck.

Next month, the Colorado Supreme Court will review the Court of Appeals decision.

You Can’t Teach an Old Dog New Tricks.

You can’t tell a Police K-9 who has been trained to detect marijuana to ignore marijuana just because it is legal now. Approximately 20% of all drug dogs in the United States are trained to detect marijuana. Now they are forced into early retirement. Older dogs, even if they undergo training to stop reacting to marijuana, would still face intense scrutiny to prove if they made a false hit. Any criminal defense attorney is going to ask, “Has your dog ever alerted to marijuana?”

In Canada, where retail marijuana sales began last month, 14 narcotics dogs were retired.

But New Dogs Can Learn New Tricks.

Some states, such as California, Oregon, Maine, and Vermont, have been training their drug dogs to detect cocaine, heroin, methamphetamine, and ecstasy. But not marijuana.

The President of Colorado’s Police K-9 Association revealed that most drug dogs cost between $6,000 to $10,000 alone, and that’s without training. Small departments just cannot afford to replace these high-priced marijuana-trained dogs with non-marijuana certified dogs. In the meantime, these small units can wait until they build up the funding to replace their drug dogs with non-marijuana certified dogs.

These small departments have a few other options. First, they can keep using their marijuana trained dogs and take their chances in court. Second, they can transfer the dog to places in the state where marijuana is still off limits, such as schools and jails. Third, they can work with law enforcement in states where marijuana is still illegal to put the drug dogs back on the road detecting marijuana.

It will be interesting to see whether law enforcement in Missouri replace their marijuana-trained dogs or keep using them. We will continue monitoring Missouri courts to see if they rule on this issue.

Source.

Adam appeared on KOLR 10 Daybreak this morning to discuss more on the 1st degree murder trial of Nicholas Godejohn. Click here  to view the story.

Watch Adam on KOLR 10 Daybreak as he discusses day three of the Nicholas Godejohn murder trial. Click here to view today’s report.