What To Look For In A Trial Attorney

Our Missouri trial attorney’s experience and aggressive defense of our clients makes all the difference, both in and out of the courtroom.  During the trial our attorneys will live, breathe, and work for you in a way most attorneys never will. The intricacies of law might mean one thing to someone who studies them; they take on a whole new meaning when you defend your client during a court case in front of a judge and jury.  Eric Boehmer was been awarded multiple Trial Attorney Awards.   When you have to go to trial–you want someone who knows what to do and the experience to fight.

eric court-4444x2593Do not wait! – Let us fight for you. 

A trial lawyer represents clients involved with litigation, both criminal and civil. The lawyer also represents the defendants or the plaintiff’s side. The work of a litigator is to represent the party in a dispute without any involvement in a crime. A trial attorney persuades a jury in court by presenting the facts and circumstances of the case in a way that positively highlights their client’s position.

The success of a case can depend on the trial lawyer you choose. You should keep a lot of things in mind when looking for and hiring a trial attorney:

  • An attorney with considerable expertise should be hired
  • Ask how many trials the attorney you are looking at has taken to trial–ask specifically about being in front of a jury
  • Make sure that you hire an attorney with extensive and efficient trial experience
  • Inquire whether or not they can lower the bail or the sentence

At Boehmer Law, our trial attorneys can do trials in local, state, or federal court.  Our consultations are always free.  If you are facing serious charges and you need an attorney with the knowledge and experience to take your case to trial call Boehmer Law at 636-896-4020 and we can help you!

The choice of an attorney is an important one and should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

St. Charles Attorney Eric Boehmer to Judge National Mock Trial Team Finals

Boehmer Law LLC is pleased to announce that St. Charles Attorney, Eric Boehmer was invited to be a judge at the Collegiate National Bell Tower Mock Trial Competition being held at Furman University April 15-17, 2016.

Eric Boehmer Judge

Eric will be listening to and judging the tournament as this is the culminating event of the American Mock Trial Association’s (AMTA) season.  The three-day competition will bring 48 teams from across the nation to campus and downtown Greenville.

Founded in 1985, AMTA serves as the governing body for intercollegiate mock trial competitions. Each year, more than 5,000 undergraduate students representing 650 teams from 350 colleges and universities compete in AMTA-sanctioned tournaments.

Congratulations to Eric on this great honor and good luck to all the students participating in this event.  For more information about Eric Boehmer and Boehmer Law please visit our website at www.boehmerlaw.com.

What Makes a Great Lawyer?

Lawyers have existed since ancient times, developing rules, and helping those they represent in an attempt to maintain peace and order in communities. Today, attorneys can be found all over the world and handle all of legal matters such as criminal charges, family law issues, personal injury matter and all sorts of civil litigation matters. However, not all lawyers and legal representation is the same.  Why settle? Boehmer Law has criminal lawyers, family lawyers, divorce lawyers, and personal injury attorneys ready to work for  you.

best lawyer missouri

What does it take to be successful in this demanding field? Here are some of the qualities a top lawyers possess that you should look for in choosing who will help you or your loved ones in legal matters:

Ability to Listen:  You want a lawyer who listens to the client’s situation and is able to identify the issues that exist in the situation.   You want a lawyer who has the time to sit down with you and discuss the information of your case.

Reading the Situation:  Lawyers need to respond accordingly to whatever a situation might be.   A good lawyer should be able to understand people and their motivations and read a broad situation.  For example, when attempting to resolve a matter before it goes to litigation, a good lawyer can (a) identify what the other side is looking for in order to resolve the matter, (b) get a sense of the other side’s position – Are they bluffing?  Is the other side prepared to fight?  Is one of the parties in desperate financial straits and close to being unable to settle? and (c) sense when the time is right to strike the best possible deal for their client.

Experience:  Not all lawyers have the same experiences.  Some lawyers have never tried a case and are not willing to—make sure you ask a lot of questions to find out what types of experiences your lawyer has with your particular type of case and how it will benefit you.

Analytical Skills: A great lawyer has excellent analytical skills and is able to readily make sense of a large volume of information.  A great lawyer will see the strengths and weaknesses in a case, and will know how to use the strengths and mitigate the weaknesses as they review all the information and create strategies to best help your situation.

Creativity: A great lawyer is creative and able to think of reasonable solutions when problems and unique situations arise.

Logical Thinking Ability: A great lawyer is able to think logically and make reasonable judgments and assumptions based on information presented.

If you are looking for great legal representation from award-winning attorneys that are here to fight for your rights—all Boehmer Law today at 636-896-4020 or visit www.boehmerlaw.com today.  Your first consultation visit is always free—do not wait.

Honesty Is The Best Policy During Custody Proceedings

Throughout custody hearings, (especially highly contested hearings) it is imperative for you to keep in mind that your actions or in-actions are being noticed by the courts and all those involved in the custody hearing. Never assume that something you may have done in your past, (even if you think no one knows about) will not come out in court.  Most likely, during litigation, someone will find out about what you have concerns about and want to keep hidden.  However,the worst thing you can do is hide something like a previous domestic assault or child endangerment charge from your lawyer. No one likes to be surprised by things they did not know or have not prepared for in court, especially your attorney who is there to fight for you.

Parents involved in a heated custody battle want to look as good as possible to gain an advantage with the courts and no one wants to have to admit previous mistakes. However, the importance of being honest with the person who is working for you during litigation can be a major deciding factor in how your case is handled in court and may affect the outcome of your case.

child custody attorney

We are all human and have made mistakes or poor choices from time to time, and most lawyers have seen and heard a lot; so do not be afraid or embarrassed to discuss any topics or concerns with your attorney. The more an attorney knows about you and your circumstances and what may “pop up “ at trial, the more effectively they can prepare and deliver the best possible legal representation for you and your custody negotiations. Your attorney needs to know all the facts so they can decide on the most effective way to deal with any issues before they arise in court during a cross examination. Knowing as much as possible can help your attorney to be as prepared as possible.

Presenting information for the court as to your ability and desire to be the best parent you can for your child(ren) is also very important. Tell your attorney all the things you do for your child(ren). Let them know if you coach your child or work in volunteer groups for him or her. Discuss the volunteer work you may do with your community. Keep record of your involvement with the school and your child’s day to day life. Keep track of your regular payments of any support you are making, or any bills you are paying on your child’s behalf. Keeping a log of your visitations (if you think they will come into question) is also a good idea.

If you need help with a current Family Law matter such as a custody issue or a modification to a current agreement, call Boehmer Law at 636-896-4020 to see how we may be able to help you. Your first consultation visit is free and we will sit down with you to discuss your case and how we think we can best serve you. For more information you can also check out our website at http://www.boehmerlaw.com

The importance of an attorney is an important one and should not be solely based on advertising.

Julia O’Connor Joins the Boehmer Law Family Law and Divorce Legal Team

Boehmer Law is pleased to announce the addition of Julia O’Connor to our Family and Divorce Law Legal Team.

A native of St. Charles, MO, Julia O’Connor graduated from St. Dominic High School. Julia then attended Truman State University, where she earned her BS degree in Justice Systems, with minors in Political Science and Psychology. While attending Truman, Julia was a member of a national Criminal Justice social fraternity. Julia earned her Juris Doctorate at Arizona Summit Law School in Phoenix, Arizona.

While in law school, she was one of the charter members of Delta Theta Phi – Mary Ann Richey Chapter. She was also a member of the Student Bar Association throughout her time in law school and headed up a number of various committees for the organization. Julia also earned a CALI award for excellence during law school.

Coming from a family with a heavy law enforcement background, Julia has always been a strong supporter for Backstoppers – an organization focused on assisting the families of first responders killed in the line of duty. She also volunteers for Youth in Need – Head Start. In May of this year, she was appointed as a member of the Board of Directors for Beautyful Waves – a non-profit organization which aims to partner with the community to assist young girls aging out of the foster care system and/or girls who do not have a consistent support system in their lives; and she will be heading up its forthcoming mentorship program.

Julia now resides in St. Charles, Missouri and is a member of the Missouri Bar, the Arizona Bar, and is a licensed Guardian Ad Litem.

Please contact Boehmer Law today if you would like to speak with Julia about any of your Family Law or Divorce needs.  Your consultation visit is free so please call 633-896-4020 to make your appointment or visit www.boehmerlaw.com for more information.

The choice of an attorney is an important one and should not be based solely on advertisements.

I Have Been Arrested–Now What?

If you or someone you know has been arrested, you are probably scared and confused. What should you do now? How can you make the situation better, or perhaps more importantly, how do you prevent making it worse?

shutterstock_62493361

Keep quiet

The only information you are required to give the police is your correct identity information. If you have been arrested, the police may try their best to get you to say something incriminating. It may seem that they are concerned for you and want to help you, but silence is your best friend at this point. They know you are afraid and they may use that fear against you. It is very important that you stay respectful and calmly state just one sentence: I want an attorney present. It is your right and they cannot prevent you from having a lawyer with you before you answer any questions. They may try to intimidate you into waiving that right, but do not give in.

Stay calm

It may be challenging, but it is essential that you remain calm when in custody. Remember, video cameras may be present, and law enforcement officers often make notes about your behavior. Do not give them any reason to be able to use your own actions/reactions against you in a courtroom.

Bail is set—Now what?

When you are notified that your bail has been set, request to make a phone call so you may contact someone to help you. It could be a family member, a friend or your attorney. When making your call, keep in mind that the police are probably listening. Do not discuss why you are in jail. Keep your call as short as possible and only talk about the necessities to arrange for your bail.

Released after posting bail—Now what?

Once you are out of jail, do not discuss your case with anyone except your attorney. Never tell anyone you are guilty of a crime. If that individual was called as a witness, they would jeopardize themselves if they withheld information you had given them. Discuss with your attorney how much you should tell your spouse.

Make a record of everything pertaining to the alleged crime

As soon as possible, write down everything you can recall about the incident that led to your arrest. Where were you? Why were you there? Who was there with you? Were their other people there? Were you read your rights? How were you arrested? What were you told when you were arrested by the police? Did you notice anything that felt out of place? Add time lines surrounding the circumstances. Write down any and as many details that pertain to your circumstance as possible, even if it seems unimportant to you it may be important information for your attorney. It is essential to do this while the event and surrounding circumstances are fresh in your mind. On the front cover of the notebook, write clearly:

“CONFIDENTIAL: FOR MY ATTORNEY ONLY”

Seek legal advice as soon as possible

The sooner you interview and select a defense attorney, the better. Your lawyer can immediately begin to assess your case and check for any improprieties. Try to find an attorney who specializes in the type of charges you are facing. Follow the attorney’s directions and do not discuss your case with anyone else. Remember, you may have been arrested, but you have not been convicted. With the help of an experienced criminal defense attorney, you may never be.

If you or a loved one has been arrested for a crime please call Boehmer Law as soon as possible at 636-896-4020.  Your first appointment is always free.  Check out our website for more information at www.boehmerlaw.com

The choice of an attorney is an important one and should not be based solely on advertising.

Questions To Ask Before Hiring An Attorney

Choosing the right attorney to handle your legal matters is a very important choice.  You will want to speak with an attorney to decide if they have the knowledge and experience to handle your particular legal matter.  Here are some questions you may want to ask before deciding on which attorney you want to hire.

What areas of law do you practice?

Find out if he/she has experience in the type of law you need to handle your case. You want to have the peace of mind that the person handling your case has the knowledge and experience to get the job done.

Have you handled many of this type of case?

Find out if your type of case is more difficult than what they are used to handling, especially with felonies. You want to know that they understand the system and the laws that apply to your type of case. Ask them if they have ever handled a case like yours and what approach did they use on those cases.

How much trial experience do you have?

Find out if he/she is willing to try your case. Do they have a reputation for trying cases? Have they ever tried a case before? You want someone who has confidence and experience inside a court room. Ask how much experience they have with jury selection and direct cross examination.   Be sure to specify between a judge and a jury trial. Not every lawyer tries cases, and even fewer try cases by jury.

What is your trial success rate?

It is rare to find a successful jury trial lawyer, especially with multiple victories in an actual courtroom. If someone is advertising they have many ‘victories’ probe deeper and find out what they define as winning a court case, especially as it applies to doing actual trials in a court room.

How much will my case cost and do you accept payment plans?

You want to make sure you understand all the fees and costs upfront to your case. Discuss all the possible scenarios that could happen pertaining to your legal matters and find out what costs could be involved no matter which way they go. This gives you a more realistic outlook at what could be coming down the road so you can plan accordingly. Also, discuss with your attorney all the ways you may make payments so you understand all your options.

When do I need an attorney?

The only person that can really answer that is you. However, if you are not sure, it is recommend that you call us to discuss your legal matters so we can help you come to a more informed decision. The first consultation visit to Boehmer Law LLC is free, so contact our staff at 636-896-4020 to set up an appointment to see how we can get working for you. For more information about Boehmer Law, you can also check out our website at www.boehmerlaw.com

The choice of an attorney is an important one and should not be based solely on advertising.

Award Winning DUI and DWI Legal Services

Boehmer Law is pleased to announce that attorney Eric Boehmer was awarded the 2015 Ten Best Client Satisfaction for the American Institute of DUI/DWI Attorneys.  Mr. Boehmer has been working in the field of DUI/DWI law for fifteen years.  His knowledge and experience of handling DUI/DWI has won him recognition in this field of law.  If you or a loved one has any questions or need legal help with regards to DUI/DWI law please call Boehmer Law at 636-896-4020 to set up your free legal consultation appointment.

You can also visit our website at www.boehmerlaw.com for more information about our firm.

boehmer law dwi award best dwi lawyer missouri

Teen Sexting…What it is, Who is Doing it, and Legal Ramifications Part 3

Part three: Teen Sexting…What it is, Who is Doing it, and Legal Ramifications

In part one and two of our article Teen Sexting…What it is, Who is Doing it, and Legal Ramifications we have discussed what ‘sexting’ is, how many individuals it does affect and the personal consequences of these actions. In part three we are going to discuss the legal ramifications of send and receiving ‘sext’ messages and/or images.
As we discussed in part one of our series, ‘Sexting’ is the sending and/or receiving of sexually explicit or sexually suggestive images, messages, or videos via a cellphone, tablet, computer or the internet.

Some examples of sexting include sending and receiving:
• nude or nearly nude photos or “selfies”
• videos that show nudity, sex acts, or simulated sex acts
• messages that propose sex or refer to sex acts
• messages that combine all of the above

When sexting involves naked or sexual photos of children younger than 18, the images are considered child pornography and people, even teenagers, sending and receiving such images can be prosecuted and convicted for serious crimes.

shutterstock_98419796
Child Pornography and Legal Ramifications
Possession of child pornography is any naked and/or suggestive images or videos of a child (a person younger than 18) or a portrayal of a child engaged in any sexual conduct, is a serious crime under Missouri Law. A person who distributes and/or supplies these naked or sexual images of a child may also be found guilty of the crime of promoting child pornography. For example, a teenager that has naked images of others under 18 on their cellphones could face charges for possessing child pornography. If they share those images by texting them to their friends or posting them to the internet, they could also be charged with promoting child pornography.

Making child pornography is a crime known as sexual exploitation of a minor under Missouri’s laws. An individual commits this crime by producing or making sexually explicit materials, such as a video or photograph featuring a child. So if a 19 year old teenager convinces his/her 16-year-old significant other to allow them to make a video of their intimate activities they could be convicted of sexual exploitation of a minor. Under Missouri law, it’s also a crime for people to expose themselves to children or to persuade children to expose themselves for sexual purposes. The crime may be committed in person or by other means such as an internet chat room. For example, a person who coaxes a 14-year-old boy to expose his genitals during a video chat could be convicted under this law.

There are two statutes that are very important to keep in mind.

According to Missouri Statute Chapter 573 Pornography and Related Offenses Possession of child pornography, penalty is:
573.037. 1. A person commits the offense of possession of child pornography if such person knowingly or recklessly possesses any child pornography of a minor less than eighteen years old or obscene material portraying what appears to be a minor less than eighteen years old.
2. The offense of possession of child pornography is a class C felony if the person possesses one still image of child pornography or one obscene still image. The offense of possession of child pornography is a class B felony if the person:
(1) Possesses:
(a) More than twenty still images of child pornography; or
(b) More than twenty obscene still images; or
(c) Child pornography comprised of one motion picture, film, videotape, videotape production, or other moving image; or
(d) Obscene material comprised of one motion picture, film, videotape production, or other moving image; or
(2) Has previously pleaded guilty to or has been found guilty of an offense under this section.
3. A person who has committed the offense of possession of child pornography is subject to separate punishments for each item of child pornography or obscene material possessed by the person.

AND

Missouri Revised Statutes Chapter 573 Pornography and Related Offenses regarding Furnishing pornographic materials to minors:

573.040. 1. A person commits the crime of furnishing pornographic material to minors if he or she:

(1) Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; or

(2) Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance; or

(3) Furnishes, produces, presents, directs, participates in any performance or otherwise makes available material that is pornographic for minors via computer, electronic transfer, internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.

2. It is not an affirmative defense to a prosecution for a violation of this section that the person being furnished the pornographic material is a peace officer masquerading as a minor.

3. Furnishing pornographic material to minors or attempting to furnish pornographic material to minors is a class A misdemeanor unless the person has pleaded guilty to or has been found guilty of an offense committed at a different time pursuant to this chapter, chapter 566 or chapter 568, in which case it is a class D felony.

shutterstock_153709778

Below we have also included some very important links to the Missouri Legal Statutes with regards to what child pornography is, who is considered a minor, penalties for production and/or distribution of child pornography and what the penalties and legal ramifications may be if you are charged with any of these crimes.
 Promoting obscenity in the first degree
Promoting child pornography in the first degree
Promoting obscenity in the second degree
Promoting child pornography in the second degree
Possession of child pornography, penalty
Furnishing pornographic materials to minors
Public display of explicit sexual material
Coercing acceptance of obscene material
Telephones, obscene or indecent commercial messages, direct or electronic recording, penalties, exceptions
Promoting sexual performance by a child–penalties
Failure to report child pornography–penalty  

If you or a loved one feels they may need legal help with regards to these messages sent or received, please call 636-896-4020 for one of our Award-Winning Attorneys at Boehmer Law. Your first consultation is free and we will review your case with you and discuss the best course of action. You may also check out our website at www.boehmerlaw.com