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Cuba Missouri Legal Blog

What if I face drug offenses for protected location distribution?

In Cuba and across Missouri, drug offenses are treated very seriously by legislators and law enforcement. People confronted with an arrest for drugs must be cognizant of the potential penalties they will face if they are convicted. One aspect of the law for drug charges differentiates between the locations where the drug was distributed.

This means that some areas have more serious penalties if the drugs are distributed there when compared with other locations. Understanding the charges and consequences for being arrested after distribution at a protected location is critical to a defense.

What are the different types of child custody?

Ending a marriage is often a difficult and emotional process. What can sometimes make an already challenging process more difficult is when children are involved in the mix. For some divorcing parent in Missouri, it can be hard to see eye-to-eye when it comes to deciding on child custody. Thus, it is important to understand what custody could look like and what type of an arrangement each parents believes is the best for the child.

What are the different types of child custody? The first type of custody to explore is physical custody. This refers to which parent has the right to have the child live with them. In some cases, joint physical custody is awarded in cases where the child will reside with both parents for significant periods of time. Physical custody can also be sole, meaning that a child resides with one parent while the other parent receive visitation rights.

Helping you navigate the divorce process

Much like getting married is a pivotal event in a person's life, divorce can also be a major life event. While no one says "I do" because they think one day their union will end in divorce, the reality is that many couples in Missouri and elsewhere are faced with the difficult decision of filing for divorce. Even when both spouses believe it is the right step to take, this does not mean it is an easy process.

The divorce process can spark many emotions. While some people may be saddened by the fact that their marriage is over, most are upset by each and every decision that they must make throughout the process. It is not easy to divide up the property and assets that the couple accumulated during their union. It is challenging to determine an appropriate child custody arrangement. And, many disputes can arise when seeking spousal or child support.

Understanding marijuana laws in Missouri

Like other states in the nation, Missouri has taken steps to alter its laws regarding marijuana. Specifically, it has authorized the usage of this drug for medicinal purposes. While this has created a whole new perspective when it comes to criminal charges for marijuana possession, the reality is that the passage of this law has not altered the fact that criminal charges could occur if one is suspected to be in possession of marijuana.

In November 2018, Amendment 2 was passed in Missouri. This allowed for the legalization of medical marijuana in the state. Patients authorized to purchase marijuana for medicinal use can purchase at least 4 ounces of marijuana. It can also allow for some patient to grow their own, with the max amount being 6 plants. It is expected that by 2020, there will be around 20,000 medical marijuana patients and 192 licensed dispensaries in the state.

A lot at stake if you get a DUI, especially in college

If you are hanging out with friends on your Missouri college campus and decide to have a couple drinks that contain alcohol, you may or may not be breaking any laws or school regulations. It depends on several factors, including your age and whether your campus is a dry campus or allows people age 21 or over to consume alcohol on campus.

Any time you drink alcohol, you must make certain choices, such as how will you travel back home if you're out at a social gathering. Just because you have a drink then drive, it doesn't constitute illegal operation of a motor vehicle unless your blood alcohol content is .08 or higher at the time. If a Missouri police officer pulls you over and arrests you, prosecutors might file DUI charges, which could adversely affect your personal and professional life and your college career.

Why does divorce cost more for women over age 50?

While divorce rates have fallen for the general population in recent years, many studies have shown that rates have remained high or even increased for Americans over age 50. Some commentators have referred to the phenomenon as "gray divorce."

A recent study by the National Center for Family & Marriage Research at Bowling Green State University found that gray divorce can take a larger financial toll on women. This is because women typically make less than men and are often reliant on a husband's income. A divorce after 50 cuts a person's wealth roughly by half, but since women make less than men, they have a harder time making up for the loss. Thus, their standard of living tends to drop 45% while men in this age group experience a drop of only around 21%.

Child custody and allegations of abuse

There are many reasons why parents in Missouri part ways. One reason may be due to domestic violence. This can be a very concerning, scary and dangerous situation, causing some parents to take legal action to ensure their safety as well as the safety of their child. Unfortunately, these child custody matters can get extremely emotional and complex.

A recent study, which is the first of its kind, sheds light on the unfortunate child custody issue. In matters that involve allegations of domestic violence and child abuse, the study found that the court is more likely to place the child in the care of a dangerous parent rather than believe these claims and take appropriate measures to ensure the safety of the children involved.

Asserting a strong defense against a DWI charge

When motorists in Missouri are stopped by law enforcement, it may not always be clear why he or she was stopped. However, if a driver is suspected to be under the influence of alcohol, this could result in serious charges. Depending on the circumstances around the stop and allegations, one could face harsh penalties if a conviction results. Thus, it is imperative that those accused of a DWI understand their rights and defense options, as this could help them clear their name and avoid criminal consequences.

In order for law enforcement to make a lawful stop, there must be probable cause. At Paulus Law Firm, LLC, our skilled attorneys will take the time to ensure a lawful stop was conducted. In addition, we will explore any steps and procedures taken during and after the stop. This includes the field sobriety test, breath tests and even blood tests. If police failed to follow proper protocol, this could give cause to challenge them and the evidence collected by these steps.

Isn't a DWI checkpoint a violation of a driver's rights?

Under Missouri state and federal law, as well as case precedent, law enforcement officials are permitted to use drunk driving checkpoints to stop drivers and assess them for possible intoxication. During the 4th of July holiday week, drivers may notice more of these checkpoints as police look to stop drivers that they perceive to be dangerous. However, the random stopping of drivers at checkpoints may seem contrary to individuals' personal right to privacy and the protections provided to them in the Fourth Amendment to the United States Constitution.

Under the Fourth Amendment individuals are to be protected from the unreasonable searches and seizures of their persons and property. During a sobriety or DWI checkpoint, it is important that law enforcement officials execute their tasks with these considerations in mind. In order for a checkpoint of this nature to be permissible, it must balance a strong public need against the invasion of privacy individuals may experience.

Will separate bank accounts protect you during divorce?

It may seem like an obvious statement, but a major part of divorce is dividing the assets of the spouses. In marital property states like Missouri, all the assets you acquire during your marriage belong to both spouses in the eyes of the law. This means that if you and your spouse divorce, the court will divide your marital assets in the most fair and equitable way possible.

You may want to take every precaution for protecting yourself financially in case your marriage comes to an end. You already know that divorce can create financial struggles, so you may want to keep your own assets separate from your spouse's. However, some methods of protecting your wealth are much less effective than others.

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