the-law.com

Police Decoy, oops!! Indecent Exposure or Patronizing Double Opps! And OUCH!!

2009-04-02T05:06:00.000-07:00

Police Decoy, oops!! Indecent Exposure or Patronizing Double Opps! And OUCH!!

Combating what the public perceives as an invasion of “their” public parks by same sex folks seeking one another for casual sexual encounters is a difficult job for law enforcement. Some people take exception to this kind of activity taking place in front of their children and resent not being able to use certain Public Parks due to these kinds of activities. Recently in the Kansas City Metropolitan Area police have targeted theses areas more intensely with by deploying details of police officers posing as fellow travels of this alternative lifestyle.

Whether what you did is right or wrong is beside the point, if you find yourself charged with a sex related crime you need a skilled criminal defense attorney. There are a couple of ways to do this, some very discrete, some not so much. But no one wants a sex related crime on their public record for employers or others to find. An experienced attorney may be able to keep the violation off your record.

Other services:

Drunk Driving
Driving While Intoxicated (DWI)
Driving Under the Influence (DUI)
Speeding
Driving While Suspended
Driving While Revoked
Other type of Traffic Ticket
White Collar Crime
Fraud
Forgery
Embezzlement
Internet Crime
Sex Crimes

DAVID M. LURIE
ATTORNEY AND COUNSELOR AT LAW
KANSAS CITY, MISSOURI 64106
(816) 221-5900
LEE'S SUMMIT, MISSOURI
(816) 525-1500
E-MAIL: info@THE-LAW.COM
WORLD WIDE WEB: http:// www.the-law.com

NO FEE UNTIL HIRED.
The choice of a lawyer is an important decision and should not be made solely on the basis of advertisements.
This information is specific to residents of Missouri and Kansas. The transmission of information from David M. Lurie to you is not intended to create nor does it create an attorney-client relationship between David M. Lurie and you.

In trouble? Scared, Anxious or Confused? Help IS Here!

2009-04-01T05:35:00.000-07:00

Whether it be:

Drunk Driving
Driving While Intoxicated (DWI)
Driving Under the Influence (DUI)
Speeding
Driving While Suspended
Driving While Revoked
Other type of Traffic Ticket
Solicitation
Soliciting a police decoy
Patronizing Prostitution
White Collar Crime
Fraud
Forgery
Embezzlement
Internet Crime
Sex Crimes

in Kansas City or surrounding areas, I defend good people who may have made a bad choice. If you have been charged with a crime, let me take action to protect you.

My goal is to help you or your loved one navigate the consequences of the mistake with the least impact on your life. I also want to assist you in getting to the heart of the problem — so you won’t need my services for a criminal problem ever again.

Most people like you are scared, anxious or confused. While actively representing you every step of the way, I can explain the process and provide guidance to help you weigh your options. With more than 30 years of criminal defense experience, I have the knowledge you need for peace of mind.

To reach me, you may e-mail me at info@the-law

Fraud and Embezzlement

2009-03-31T04:47:00.001-07:00

When there are too many bills and not enough money, good people sometimes do foolish things. Maybe you only meant to borrow the money from your employer, intending to pay it back when your financial situation turned around. Or perhaps you thought it wouldn’t really hurt anyone if you used someone else’s credit cards or checks. Either way, you need high quality legal services. Even if you haven’t been charged yet, an experienced attorney may be able to help you keep it that way.

“White collar crime” is another name for certain types of fraud or embezzlement. Each year, white collar criminals steal more money than bank robbers. A white collar criminal is someone who uses illegal business practices to take money that doesn't belong to him or her. For example, someone who takes bribes or secretly diverts company money to his own bank account is a white collar criminal. Even if it doesn't seem as bad as robbery, it's just as serious a crime and in some cases you can go to jail for just as long as a violent criminal.

In many cases, business-related crimes violate federal laws and end up in a Federal Court. If you think you could be investigated for white collar crime, or if you've been arrested for such a crime, it's important for you to talk to a qualified criminal defense attorney right away, even if you are innocent.

Make sure your attorney is experienced in defending people charged with white collar crimes. He or she will know how to work with the court to make sure you get the best results. Your attorney may be able to speak to the prosecutors and judge on your behalf, and often can negotiate a deal that keeps you out of jail or, quite possibly, prevents you from even having a felony or misdemeanor on your public record.

Sex Crimes and NO you probably can't talk your way out yourself!!

2009-03-30T06:40:00.000-07:00

Sex Crimes

“Sex crimes” is a general term for any type of crime or conduct that society deems immoral or unacceptable sexual behavior. Sex crimes charges include:
· soliciting a prostitute (or police decoy)
· indecent exposure
· lewd conduct
· molestation
· statutory rape
· sexual abuse or assault (with a child or an adult)
· rape
There are notable differences in our Justice System today between a sex crimes case and other criminal charges. While it is your Constitutional right as an American citizen to be guaranteed that you are "innocent until proven guilty," in reality, as a sex crimes defendant, your presumption of innocence is completely thrown out the window — especially if the alleged victim is a child.

Contact an experienced sex crimes attorney at the first sign of trouble, before you give a statement to the police or take a police polygraph examination. I can work to protect you.

SOLICITING A Police Decoy. Defense, Discrete-Compassionate-Experienced (31 yrs)

2009-03-27T05:40:00.000-07:00

SCARED, ANXIOUS OR CONFUSED?

Combating prostitution is a difficult job for law enforcement. Recently in the Kansas City Metropolitan Area police have targeted the customers, or the "Johns," who do business with prostitutes — in addition to going after the prostitutes themselves.

If a prostitute solicits you, the only thing you should do, is say "no" and walk away. It’s not uncommon for me to hear that someone merely stopped to talk, never agreed to have sex for money, and still was arrested for soliciting a prostitute. If you engage in any conversation at all, you likely will be arrested.

Regardless of whether you meant to solicit a prostitute's services, you need a skilled criminal defense attorney. An experienced attorney may be able to keep the violation off your record.

It’s important to understand that once you are charged with soliciting a police decoy, you have been charged with a sexually-related crime. In this Information Age, no one needs an employer, a prospective employer, or anyone else with access to your police records to know that you have been convicted of a sex crime. You need an experienced defense attorney on your side.

Driving While Suspended Sends the Wrong Message to a Judge!! Who me? The law does not apply to ME!! Just watch me, I will keep driving NO Matter what

2009-03-26T05:45:00.000-07:00

Driving While Suspended or Revoked

If your license is suspended or revoked, please remember that the Court takes license suspension very seriously. The penalties for driving after you've lost your license could include jail. When you stand before a judge, having been caught driving on a suspended or revoked license, you're giving the Court a message that you don't respect its authority or the authority of society. In return, the judge will likely send you a message back. The judge will let you know, usually with a jail sentence, that you must abide by the rules of society. In most cases, hiring a experienced lawyer can greatly reduce the consequences of a charge of driving with a suspended or revoked license. In Kansas, driving while revoked for an alcohol-related offense carries mandatory jail time.

If you need to drive to work (or drive for your job), to school or to medical care, you may be eligible for some sort of limited driver's license. An attorney can help you to determine if this is an option in your case.

A license suspension or revocation lasts for a fixed period of time. At the end of that period, your license does not automatically come back to you. It's up to you to apply for reinstatement.

To have your license reinstated, you'll have to provide the licensing authority with certain documents. These may include an SR 22 ( a special kind of certificate of insurance). You also may have to attend driving school or pay damages to an injured party if your case involved an accident that was deemed your fault. In all cases, you will have to pay a reinstatement fee. This fee will vary depending on how and why your license was suspended or revoked. Again, your license never, ever returns automatically. You must take some type of action.

An experienced attorney can help you with the paperwork and may be able to shorten the process to get your license back.

Whatever you do: Don't drive if your license has been suspended or revoked.

Avoid EVERY ticket you can!! Here is how simple it can be.

2009-03-25T05:55:00.001-07:00

Fighting a Traffic Ticket

Many traffic tickets can be paid by mail. It’s easy, but it's not always a good idea. When you're given a ticket that can be paid by mail:
· You are given the opportunity to plead guilty.
· You pay the ticket without having to go to court. Information about how to do this is found on the back of the ticket.

But paying a ticket by mail may have consequences that outweigh the convenience. If the ticket you're pleading guilty to carries points in Missouri, or if it is a moving violation in Kansas, you may be putting your license in jeopardy. And a suspended license can put your livelihood at risk.

You also may be increasing your insurance rates and jeopardizing job prospects. In the long run, it is usually less expensive to hire an attorney to negotiate a minor traffic ticket to a non-point or non-moving violation. For most minor violations, an experienced attorney, like me, can handle everything so you don’t have to go to Court. You get the convenience of handling it by mail without the consequence of points.

More serious offenses will require a court appearance. If you do have to appear in court, understand that the legal process is complicated. The policies of judges and prosecutors differ depending on where you were arrested and how many previous convictions you have. In the Kansas City Metropolitan Area, there are approximately 47 municipalities in five counties and two states. All of these Courts handle traffic tickets. Each has a different set of policies. You need a lawyer who knows the players and has experience in the field.

Finally, even if you can “afford” to take the points or moving violation THIS time, the next ticket you get may NOT be amendable. For this reason I recommend amending EVERY ticket you can.

Drunk Driving Basics

2009-03-24T05:16:00.000-07:00

Accused of Drunk Driving
(for Missouri and Kansas )

Driving while intoxicated (DWI) or driving while under the influence of alcohol or narcotics (DUI) is a serious offense. If anyone was injured by your actions, you may face serious criminal or even vehicular manslaughter charges.

If this is your first offense and no injury is involved, the consequences could be as light as a fine and a suspended license. But be aware: Even first-timers are going to jail these days.

If you have previous arrests, you face stiffer penalties. Your previous record will be a factor, regardless of whether you had a prior arrest or stop “taken care of”. Even if the prior arrest doesn’t appear on your official driving record, it will most likely appear in records available to law enforcement and the prosecution.

However, in many cases, even with a second or third offense, an experienced lawyer, like me, may be able to keep you from going to jail.

If you are convicted of DWI/DUI, you will lose your driver’s license. In Missouri or Kansas, if your blood alcohol content is more than .08 percent, the law enforcement officer is required by law to take your license immediately. This can be reviewed in an administrative hearing, but you must request a review as soon as possible. In Missouri, you have 15 days to request a review in writing. In Kansas, you have just 10 days. If you miss the deadline, you have no further chance to appeal.

License suspension or revocation (because of a B.A.C. in excess of .08 or a Refsal to take the test) can last from 30 days to one year — sometimes it is permanent. The rules covering loss of license are complicated. If you have questions, please contact me or at least speak with another qualified criminal defense attorney.

If you refuse a breath test, the officer will immediately take your license, and your license will be suspended for at least one year. This can be appealed, but in Kansas, you only have ten (10) days to file an appeal based on a Refusal. In Missouri, you have thirty (30) days, but you must file a Petition the Circuit Court.

To Blow or Not to Blow

2008-08-13T14:58:00.000-07:00

"To Blow or Not to Blow" . . .

that is the question I hear many times of my clients who are afraid of being stopped for a dui/dwi. Of course, there is no easy answer, but I can give you some general "rules of thumb" about being stopped in Missouri:

If it's your first time you have ever been stopped or charged with an alcohol-related offense, and it is in Jackson, Clay, or Cass County, AND there was no accident involved, you may not want to go ahead and blow. Currently, in these counties and under these limited circumstances, there are programs through the local prosecutor’s offices who handle the challenge hearings (RSMo. 577.041) which permit you to win the challenge upon the completion of certain conditions. Such a challenge MUST be filed within 30 days of the stop.

If you blow over .08, and lose the administrative hearing, you will lose your license for 90 days, the first 30 of which you can not driver, followed by a limited driving privilege if you file and SR-22 for the last 60 days. If you do not fit into the narrow set of facts above and you refuse to take the breathalyzer, and you lose the Refusal hearing, you lose your license for a year, although you might be able to get a limited driving privilege after the first 90 days.

If this isn't your first time being stopped for a similar offense, this is where it gets dicey. Some people think they are being smart by refusing to take the breathalyzer - but then went ahead and took the "field sobriety tests" which usually gives the prosecution sufficient evidence to make their case against the defendant. Two refusals in a life time equals one of the many reasons you may not ever get a limited driving privilege or a hardship license.

Whether or not to take the breathalyzer is complicated and also depends on what county you are in when you are stopped, and whether you hold a license for the State you were stopped in. There are some times when it is best NOT to take the breathalyzer, like when it is the second time you have been stopped for drinking and driving in a 5 year period. If you suffer an alcohol administrative action, either 90 day suspension for blowing over .08 or a refusal and you blow over .08 a second time in 5 years you lose your privilege to driver for 1 year and no possibility for any limited or hardship license.

If you do refuse to blow, just make sure you also refuse the field sobriety tests!

Please keep in mind; however, that your individual circumstances may differ, and you need to speak to a good dui/dwi lawyer about the specifics of your situation so that the lawyer can give you accurate advice. It's best to talk to a lawyer BEFORE you are stopped, so you know what to do when and if you get stopped. Don't drink and drive, but if you do - plan ahead.

The transmission of information from The-Law.com to you is not intended to create nor does it create an attorney-client relationship between The-Law.com or David M. Lurie and you nor is this information intended as legal advice.

Get more than you bargained for?!? Patronizing Prostitution or Solicititing a Police Decoy

2008-07-24T05:36:00.000-07:00

Get more than you bargained for?? Patronizing a police decoy or Solicitation of a police decoy.

You are lonely, feeling no one understands you, especially your wife or girlfriend. You may be angry at them or feel they are too busy to give you any of the attention you feel you need or deserve. Or you are single and just plain feeling lustful and want an outlet. You don’t want to invest the time and money in dating someone and not be sure you will find your outlet.

You come across an advertisement for some “personal service” in a local “underground” newspaper or online and you think “What the heck”!! You call the number. The person on the other end of the line sounds nice and willing to spend sometime with you, albeit for a price.

They explain what services they provide including not very veiled descriptions as “full service” or “a Monica Lewinsky”. They tell you what it will cost; you make an appointment and give you an address and a number to call when you get in the neighborhood. The excitement of the idea of following through and going to keep the appointment outweighs your better judgment.

You rationalize it with something like: No one will know, and it’s just the one time. Or I won’t do anything when I get there.

You go to the meeting place and talk to the person you talked to on the phone. They tell you again the prices and you say Ok, (you may even intend to say I have to go to my car and get the money and not return). You may or may not even get to the part where you take out your money. The other person then says excuse me I have to go to the bathroom, or change and tell you to get comfortable. They leave and as your excitement starts to build BOOM in a rush several police officers explode into the room. You are informed you are being charged with Patronizing Prostitution. Your potential stress relieving partner was really a police officer.

Other times you may merely be driving down the street and you get waved over, or you may be stopped at a stop sign and someone leans in threw a rolled down window and offers a sex act for a price.

The police, in recent times, have discovered that they have a very hard time combating prostitution. Instead of going after the prostitutes, particularly in Kansas City, Missouri area, the police are now going after the people who do business with the prostitutes.

In other words, they go after the customers, or in slang terms, the "Johns". It's not uncommon for someone to report that they merely stopped to talk or went to meet to talk, never offered to have sex for money, and were arrested for patronizing prostitution; soliciting a prostitute.

The City ordinance in Kansas City was expanded a number of years ago to require merely that there be an assent to have sex in exchange for something of value. It matters not who names the sex act or the price.
http://www.municode.com/RESOURCES/gateway.asp?pid=10156&sid=25
If a prostitute solicits you, the only thing you should do, is say "no" and walk away. If you engage them in any conversation at all, you will likely be arrested.

Entrapment is no defense where all law enforcement does is provide the means for someone otherwise disposed to break the law to do so.
Whether you meant to solicit a prostitute's services, or not, you need a good criminal defense attorney. A good attorney, in many instances, can probably keep this sexually related crime violation off your record.

What you have to understand is that once you are charged with soliciting a police decoy, you have in fact been charged with a sexually related crime.

Nobody wants his employer, any prospective employer, or anybody else that has access to your police records to know that you have been convicted of a sexually related crime. This is something you should go out of your way to keep that off your record.

Contacting a lawyer who regularly practices handling these kinds of cases may help you accomplish this.

Who should you believe - the Judge or your Probation Officer?

2008-07-14T12:09:00.000-07:00

Who should you believe - the Judge or your Probation Officer?
(Be wary of the sucker bet!)

I represented a young female on her first offense DWI almost 2 years ago. To protect the innocent and the guilty, let’s call her Amber. As part of the standard conditions of dwi probation, Amber was NOT to use any drugs - unless prescribed by a licensed physician.

When Amber first met with her probation officer (we’ll call him Mitch), according to Amber, Mitch told her: “Since your charge is not a drug-related charge, I will not be asking you to submit to random drug screens.”

So, for the next 21 months, Amber continued her almost daily use of marijuana with no legal consequences. However, as happens frequently, Mitch (her probation officer) moved on to another job. Amber’s new probation officer, Carol, at their first meeting, asked her to take a “wiz quiz” (a drug test).

Guess what?? Yep, positive for marijuana!

As is the norm in this situation, Carol (the new probation officer), filed a violation report with the Court. Amber now has a new probation violation case against her. She must now appear in front of the same Judge she was put on probation by for her DWI. The Judge feels like Amber basically “flipped him the bird” by going against what he ordered. Amber must now explain to him why she went against his Order, and continued to use drugs when he ordered her not to. Amber needs to try and convince this Judge to give her another chance, allow her to continue on probation, and not just throw her in jail.

I don’t recommend that any individual attempt to do this on their own – hire a professional lawyer that regularly practices in the particular court and deals with these types of matters on a regular basis.

Once Amber hired me for her new probation revocation case, I immediately contacted Carol (her probation officer). I spoke with Carol about having Amber participate in some sort of remedial drug program – pointing out that Amber had never tested dirty before – and that this, in fact, was her first probation violation. I was trying to get an important favorable recommendation from Amber’s probation office. In my further efforts, to get a good recommendation from Amber’s probation office, I also suggested she get drug tested every week, and include in the test, the level of THC (the short version of the active ingredient in Marijuana) to show it was going down since this drug takes quite a while to completely clear your system (anywhere from 30 -120 days in some cases).

Amber’s THC levels showed a continued reduction each week, and finally, she had a clear drug test. During these weeks, I was able to continue Amber’s court date far enough down the road so she could complete her drug program and rack up some clean drug tests.

As of the date of me writing this blog, Amber has completed the drug education program and had 4 weeks of clean test results. Amber’s probation officer will be making a favorable recommendation.

Ultimately, it is the Judge’s call and as a practical matter you cannot argue “well Judge the PO said I did not have to follow THAT part of your order”. However, most of the time a Judge will follow the probation officers recommendations, especially if you can give the Judge a good reason too, in this case, I gave the Judge a two good reasons to: the drug class and clean drug tests.

If you are put on probation and your probation officer tells you can do something that contradicts what the Judge’s Order says, assume it’s a sucker bet. They also have the right to ADD conditions. If you have any question about your probation, call your lawyer.

In this case, failing to follow the letter of the law (The Judge’s Probation Order) put my client at risk for having to serve up to 6 months in jail, pay a $500.00 fine, and having a DWI conviction on her record. She also had to incur the expenses of the drug classes, the drug tests and attorney fees.

The transmission of information from The-Law.com to you is not intended to create nor does it create an attorney-client relationship between The-Law.com or David M. Lurie and you nor is this information intended as legal advice.

When is a Dui not a Dui??

2008-07-11T15:03:00.000-07:00

When is a Dui not a Dui?? (Well not ever really but for purposes of enhancement to a more serious charge, sometimes, at least for now)

Under a recent Missouri Supreme Court decision Reginald A. Turner, Appellant v. State of Missouri, Respondent., http://www.courts.mo.gov/Courts/PubOpinions.nsf/0f87ea4ac0ad4c0186256405005d3b8e/3b90c4f20b33ef0886257402005d4fee?OpenDocument a MUNICIPAL driving while impaired (dui or dwi) charge can NOT be used to enhance a later DUI/DWI charge to a higher level offense, i.e. Felony DWI. The Court said that due to the way the legislature had written R.S.MO. 577.023 the only prior dui charges that could be used to enhance to a higher grade offense were State charges, like the basic State Dwi charge R.S.MO 577.010, charged by a Highway Patrolman or a County Sheriff or Park Ranger.

The Legislature changed the period of time a prosecutor can look back for the purpose of charging an enhanced DWI from 10 years to your lifetime a couple of years ago. So if you had a Kansas City Municipal court dui in 1990, and a Lee’s Summit one in 1995 and then got yet another one this year, prior to Turner, you could and most likely would have been charge with a Felony DWI. Since Turner these cases cannot be charged as Felonies. The Legislature no doubt will cure this defect when this year’s legislation becomes law in late August.

The language of the existing statute as been in use for quite of few years and some lawyers are of the belief that a Felony DWI based on prior city dui/dwi charges might be successfully challenged. If you have pleaded guilty or be found guilty of a Felony DWI in the State of Missouri, you may wish to contact your attorney to see if Turner might afford you some relief.

The transmission of information from The-Law.com to you is not intended to create nor does it create an attorney-client relationship between The-Law.com or David M. Lurie and you nor is this information intended as legal advice.