A new law took effect in Missouri on August 28, 2017 that will surely save lives.  Under Missouri's new "Good Samaritan" law, anyone who seeks medical attention for a person who is experiencing a drug overdose or is treated for a drug overdose cannot be arrested, charged, prosecuted, or convicted if any evidence of a drug crime was gained as a result of seeking or obtaining medical assistance for a drug overdose. If someone in a good faith effort calls 911 for a drug overdose, the people... Read More
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The Jason Stockley Verdict
You have probably seen the unrest surrounding the recent not-guilty verdict in the recent shooting case involving former St. Louis Police Officer Stockley.  Whether or not you agree with the outcome, Circuit Judge Timothy J. Wilson wrote a very thorough and well-reasoned opinion explaining the State's burden of proof in a criminal case.  Cut through the media sensationalism and social media chatter and read the Judge's decision for yourself right here.  ... Read More
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You have been out with some friends for a few drinks.  On your way home you get pulled over.  The police officer says you crossed the centerline.  The officer then asks for your drivers license and proof of insurance.  He smells the booze and asks if you have been drinking. You respond "just a few". Everyone always answers "a few". After a series of fields sobriety tests (you are not legally required to do them), you are placed under arrest for DWI.  You are now head... Read More
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Welcome to part 2 of our blog series on Missouri's new expungement law. Expungement is a legal process that allows someone to petition a court to have an arrest, guilty plea, or conviction removed from certain public records. Missouri's new expungement law will become effective January 1, 2018. Happy New Year. If a criminal conviction has been following you around for too long, 2018 will be a great year. The new law greatly increases the number of criminal offenses that can be expunge... Read More
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Just Because You’re Hurt Doesn’t Mean You Can Sue. In order to recover in a personal injury case, there must be legal grounds to hold the defendant accountable. The most common cause of action in personal injury claims is negligence. Negligence requires a showing that the defendant owed a duty of care to the injured party and failed to live up to that duty. For example, if the victim was a customer in a store, or maybe the victim was in the bathroom of an office building, the prope... Read More
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Glaus & Gohn LC, Attorney Adam E. Gohn scored a major victory for a personal injury client this week in the Missouri Court of Appeals, Eastern District. Our client filed a personal injury lawsuit against Defendants Drury Southwest, Inc., DSW Industries, Inc., and Drury Hotels Company, Inc., after he suffered physical injuries resulting from a slip and fall accident on the Defendant's property in Cape Girardeau, Missouri.  Our lawsuit further alleges that on January 19, 2012, our clien... Read More
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Missouri judges determine child support using “Form 14.”  In addition, Missouri courts and administrative tribunals must consider the following statutory factors when determining a parent's obligation to pay child support: The financial needs and resources of the child; The financial resources and needs of the parents; The standard of living the child would have enjoyed had the marriage not been dissolved; The physical and emotional condition of the child, ... Read More
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Anything you post on social media can and will be used against you in a court of law. Information shared on social media can cause complications if you find yourself involved in a legal dispute.  Insurance adjusters, lawyers, police, prosecutors and others often investigate social media profiles looking for evidence.  I know this because I have used evidence obtained from social media to help my clients win their cases.  I have witnessed social media data used to prosecute in... Read More
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Just before the close of the 2016 session, the Missouri General Assembly passed House Bill 2055 and Senate Bill 964, which purports to give equal or substantially equal visitation time to divorcing parents with children.  The bill has to be signed by the governor in order for it to take effect on August 28, 2016, but let's take a look at what this bill proposes to do: First, HB 2055 and SB 964 alter the definition of "joint physical custody" by changing the language from t... Read More
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The State of Missouri enacted some big changes to its' firearms laws in 2016 as a result of the passage of Senate Bill 656.  As of January 1, 2017, Missouri is now a "Constitutional Carry" state.  "Constitutional Carry" generally refers to one's right to carry a firearm in an "open" or concealed fashion without first obtaining a permit from the State. Should Missourians Still Get CCW Permits? The answer to this question depends on where you intend to carry your firearm... Read More
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