Practice Areas and Legal Definitions

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, and murder.

Assault:
The crime of assault covers a variety of different offenses in the sate of Missouri. Commonly, an assault is committed when a person attempts to cause or recklessly causes physical injury to another person. However, placing another person in the mere apprehension of immediately physical injury is sufficient to qualify as an assault. An assault is also committed when someone engages in conduct that threatens another’s safety or life, and even something as minor as the offensive touching of another. Different degrees of assault are attributed to the severity of the crime committed, and can even be used to charge people who have attempted to kill another under the heat of passion.

Burglary and Robbery:
Burglary is defined as the unlawful entering of a building with intent to commit a felony or to steal valuable property. Robbery is also a specific intent crime, requiring both theft and a form of violence or threat of violence used to deprive someone of their property. A common example of a robbery is a convenience store holdup, wherein a robber threatens to shoot a cashier unless the cashier hands over money.

DWI/Driving Under the Influence:
"DWI" stands for Driving While Intoxicated and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DWI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DWI could also jeopardize your employment opportunities.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply. Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.

Driving with a Suspended License:
Driving with a suspended or revoked license is considered a crime, and can result in heavy fines and possible jail time. At worst, it may be considered a felony, and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI/DWI).

Driver’s License Revocation:
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.  Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s);
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

So whether you are charged with drug possession, DWI / DUI or any other criminal charge, choose an experienced criminal defense attorney to advocate for you. Contact Criminal Attorney Justin Summary at 314-433-9002 now for your free case evaluation!

Professional Profile

ADDRESS OF THE FIRM:
Justin Summary
11 South Newstead
St. Louis, MO 63108
Phone: 314-433-9002
Hours: M-F, 8:00AM-5:00PM

Attorney Justin Summary

Criminal lawyer Justin Summary earned his J.D. Degree from Southern Illinois University in 2005. Since he had been interested in criminal law from a young age, upon his graduation and passage of the Missouri Bar he immediately decided to join the Public Defender's Office where he worked for three successful years in criminal defense. During his time at the Public Defender's Office he represented hundreds of clients charged with a wide range of misdemeanor and felony charges. Mr. Summary believed that in starting his own practice, he could devote more time to focus on each individual case and thus be able to fully investigate and aggressively defend all aspects of their charges.

In 2008, Mr. Summary and his law partner John Allan founded Allan & Summary. Since then, Mr. Summary has represented clients facing criminal charges in courts all over Missouri. He has extensive litigation experience and has had numerous jury and bench trials as well as valuable experience in handling suppression motions and excluding tainted evidence. Going into private practice has allowed Mr. Summary to fully realize the importance of a lawyer's duty to protect the rights of his clients by aggressively advocating on their behalf.

So whether you are charged with drug possession, DWI / DUI or any other criminal charge, choose an experienced criminal defense attorney to advocate for you.  Contact Criminal Attorney Justin Summary at 314-433-9002 now for your free case evaluation!