Richard T. Bryant & Associates, P.C.Kansas City Attorney | Criminal Defense, Family Law, Liquor Licensing2026-05-20T16:21:49Zhttps://www.richardbryantlaw.com/feed/atom/WordPressOn Behalf of Richard T. Bryant & Associates, P.C.<![CDATA[What happens if you get a second DWI in Missouri?]]>https://www.richardbryantlaw.com/?p=467192026-05-20T16:21:49Z2026-05-20T16:21:49ZFacing steeper criminal penalties
A second DWI arrest within a five-year window escalates your charge to a Class A misdemeanor. Under Missouri law, a conviction means you are ineligible for probation or parole until you serve a minimum of 10 days in jail. While the court may choose to substitute this incarceration with 30 days of community service, you still face an overall exposure of up to one year in jail and a fine of up to $2,000.
Navigating severe license revocations
Your driving privileges are processed separately from your criminal case through the Missouri Department of Revenue. What happens next depends on the timing of your prior offenses:
A five-year license denial: Triggered if you receive a second DWI conviction within a five-year window
An immediate one-year revocation: Issued if this marks your second alcohol-related enforcement contact within five years
An automatic one-year revocation: Applied if your offenses are more than five years apart, as a second conviction still accumulates penalty points on your record
Regardless of the timeline between offenses, a second DWI will cost you your driving privileges in some form.
Managing mandatory ignition interlock devices
Before driving privileges can be restored, Missouri requires you to install an Ignition Interlock Device (IID) on every vehicle you drive. This device requires a clean breath sample before the engine will start. The court may also order continuous alcohol monitoring during your probation, including breath testing at least four times per day.
Securing guided legal support
A repeat DWI charge is serious, but every case has unique details, from the accuracy of the breathalyzer to the circumstances of your stop. Reviewing your options with an experienced attorney can help you identify viable defenses and protect both your driving privileges and your freedom.]]>On Behalf of Richard T. Bryant & Associates, P.C.<![CDATA[Can a diversion program save your career after a Missouri charge?]]>https://www.richardbryantlaw.com/?p=467152026-02-16T12:28:46Z2026-02-16T12:28:46ZA criminal charge can put your professional career at risk very quickly. That's why it's very important to keep a clean record to keep your license, job or security clearance. In some cases, a diversion program or a specific court outcome may help protect your future. These programs focus on rehabilitation instead of punishment. Find out how this difference matters a lot for you and your career.
How diversion and SIS work in Missouri
Missouri offers different options depending on the charge and the court. One common choice is a Suspended Imposition of Sentence (SIS). With an SIS, you must first enter a guilty plea or a judge must find you guilty. The court then places you on probation. If you finish probation successfully, the court avoids entering a final judgment of conviction. Your record then becomes a closed record under Missouri law.Some counties also offer pretrial diversion. This option differs from an SIS because it happens before you enter a plea. If you finish the program, the prosecutor drops the charges. Other options include drug courts or treatment courts. These programs focus on testing and regular check-ins. All these options have strict rules. Missing a meeting or failing a drug test can end the program and lead to a conviction.
Why outcomes matter for professionals
Many professionals must report any guilty plea to their licensing boards. This includes nurses, teachers and financial workers. In Missouri, boards for nursing or pharmacy can often discipline a worker for a finding of guilt, even if you receive an SIS and have no final conviction.An SIS or diversion may still help reduce risks compared to a standard conviction. After some time, you may also be able to ask the court for a formal expungement. This process allows you to clear certain crimes from your record under state law.Timing matters a lot. Some choices only stay available early in a case. Waiting too long can limit your options. Speaking with an attorney can help you determine whether diversion is possible and protect your license and your future.]]>On Behalf of Richard T. Bryant & Associates, P.C.<![CDATA[Can you keep your job while fighting a drug case?]]>https://www.richardbryantlaw.com/?p=467132025-11-27T16:56:35Z2025-11-27T16:56:35ZA drug charge brings employees to a standstill, followed by the fear of losing your career, your income and your professional standing. Will your employment survive while the case unfolds? That generally depends on several key factors: your profession, employer policies and the specific allegations involved.
Employment at-will and contractual obligations
Under the at-will employment doctrine, most Kansas and Missouri employers can generally terminate an employee at any time for almost any reason, provided the reason is not illegal discrimination. A drug charge, especially for a high-level professional, often gives the employer a non-discriminatory reason to fire you.Your employment contract may also contain a "moral turpitude" clause or a provision allowing termination for criminal charges, even before a conviction. If you hold a sensitive position, or if the employer thinks the charge compromises your ability to do the job, they can take adverse action based only on the arrest.
Separate threat of professional licensing boards
For doctors, nurses, lawyers, accountants and other licensed professionals, the danger is doubled. Even if your employer stands by you, your professional licensing board may not. In both Kansas and Missouri, a licensing board can initiate an investigation based on a criminal arrest. They may demand that you self-report the charge. Failing to do so is typically an independent violation, which can lead to disciplinary action regardless of whether you ultimately win the criminal case.A professional license is often suspended or revoked if the alleged crime is deemed "substantially related" to your job duties. This board action usually leads directly to job termination.
Taking proactive steps to protect your position
Fighting a drug case requires two separate legal strategies: one for the criminal court and one for the licensing board. The second strategy involves immediate, proactive measures to show your employer and the licensing board that you remain fit to practice. These steps include gathering evidence of your continued professional competence and demonstrating responsibility.It is equally important to coordinate a defensive strategy carefully with your attorney to avoid harming your criminal case. You cannot risk losing everything simply by waiting for the courts to decide. You need a defense team focused on preserving both your freedom and your livelihood.]]>On Behalf of Richard T. Bryant & Associates, P.C.<![CDATA[When can police charge you with theft?]]>https://www.richardbryantlaw.com/?p=467102025-08-26T13:34:47Z2025-08-26T13:34:47ZIn Missouri, theft is a criminal offense that can result in serious consequences. Understanding when the police can charge you with theft is crucial in order to avoid potential legal troubles. Whether it's shoplifting, stealing from a friend, or taking something by force, theft charges can vary in severity depending on the circumstances.
Theft laws
Missouri defines theft as unlawfully taking someone else’s property with the intent to permanently deprive them of it. This can include stealing items from a store, home, vehicle, or even taking services without paying. State law does not require that you physically steal an item; simply taking possession of it with intent to keep it can lead to theft charges.
Types of theft
There are different degrees of theft under the law, each with varying penalties. One type of theft is petty theft, which is stealing property valued at less than $750, which is generally charged as a misdemeanor. Another type of theft is grand theft. This is stealing property valued at $750 or more, which is a felony and carries more severe penalties.Other types of theft include stealing firearms, from a motor vehicle, or through fraud or deception, which may result in additional charges and penalties.
When can police charge you with theft?
Police can charge you with theft if they have probable cause to believe you intentionally took someone’s property without consent. This may be based on evidence such as witness testimony, surveillance footage, or your own actions. If the police find you in possession of stolen goods or if you admit to taking something unlawfully, this could also lead to theft charges.Being charged with theft can have serious consequences, so it’s important to understand what constitutes theft under Missouri law. If you're facing accusations, knowing your rights and options is key to navigating the legal process.]]>On Behalf of Richard T. Bryant & Associates, P.C.<![CDATA[Legal steps to take if your child gets a DUI in Kansas, Missouri]]>https://www.richardbryantlaw.com/?p=466962025-05-29T15:54:15Z2025-06-03T15:52:29ZLegal steps to take if your child gets a DUI in Kansas, MissouriYour child was caught driving under the influence (DUI). You feel shocked and worried about their future. A DUI charge can hurt their education. It can cost them scholarships and damage their career chances.However, you can take smart steps to reduce the damage. Here's what you need to do to protect your child's future.
Consider professional legal advice
For situations such as DUI charges, some advice from an experienced lawyer would be immensely helpful. Find one who knows Missouri DUI laws well. Look for someone who works in Kansas City courts often.A good attorney will study your child's case. They will look for police mistakes and check if the arrest was legal. They might find ways to reduce the charges. Some lawyers can even get charges dropped.Time matters here. The sooner you hire help, the better your odds.
Ask about diversion programs
First-time offenders often get second chances. Missouri offers diversion programs for young people. Your child might qualify.These programs require work. Your child may need to take classes or do community service. Some programs require counseling.The reward is worth it. If you complete the program, the court might dismiss charges. This means that your child could avoid a criminal record entirely.
Learn about expungement options
Even convicted kids can get fresh starts. Missouri allows first-time DUI expungement after 10 years. Your child must stay out of trouble during this time. They must meet all court requirements.Expungement clears the record. Most background checks won't show the DUI. This helps with jobs and college applications.Start planning now. Keep all court documents. Track your child's progress. This preparation helps when expungement time comes.
Fight to save their scholarship
Schools often pull scholarships after DUI arrests. Don't give up without a fight. Many decisions can be appealed. Here are some things you can do:
Write to the scholarship committee: Explain what your child is doing to improve.
Show evidence of change: Include therapy records. Add community service hours. Highlight good grades.
School officials want to see growth. They respond well to sincere efforts. Your child might keep their funding.
Push for personal growth
Your child needs to own their mistake. Support them in taking responsibility. Sign them up for alcohol education. You may also consider therapy sessions.Courts notice these efforts, schools pay attention too. Scholarship boards value students who learn from mistakes. Real change takes time. Stick with your child through the process. Your support makes a difference.
Moving forward after the mistake
A DUI charge feels devastating. However it doesn't end your child's story. Quick action helps. Smart choices matter. Strong support works.Get legal help fast and explore every option. Fight for their opportunities. Most importantly, help them grow from this experience.Your child can recover. They can still build a bright future. Remember that this mistake doesn't define them, your response might save their dreams.
]]>On Behalf of Richard T. Bryant & Associates, P.C.<![CDATA[How can you block the prosecution’s evidence?]]>https://www.richardbryantlaw.com/?p=466952025-03-05T22:46:00Z2025-03-05T22:46:00ZSituations that may warrant evidence suppression
There are multiple mistakes that can be made by law enforcement and prosecutors that can lead to successful evidence suppression. Here are some of the most common:
Illegal traffic stop: The police have to have reasonable suspicion that you’ve committed a crime or a traffic offense before they can stop you. If they don’t, then a traffic stop may be deemed illegally conducted. And if that’s the case, then anything that comes afterwards, including a search and seizure, will be considered tainted by that same illegality. This can lead to evidence suppression, even if the evidence collected is incriminating.
Invalid warrant: A legally issued search warrant is one that is supported by probable cause and is specific in the place to be searched. If the police misconstrue the facts or outright lie about what they know to secure a warrant, then you can attack its validity and legality. If it’s subsequently determined that a warrant was illegally secured, then you can block any evidence that was gathered because of its use.
Misuse of a warrant exception: A lot of searches are conducted without a warrant pursuant to one of a number of exceptions. But there are strict rules that must be followed and specific circumstances that must exist before a warrant exception can be used. So, be sure to scrutinize the specific exception that was relied upon in your case to see if the police misapplied it. If they did, then you’ll be in a strong position to suppress any evidence that was subsequently seized.
Chain of custody errors: Before evidence can be submitted at trial, its proponent must provide reasonable assurances that the evidence is what they claim it to be. If there were mistakes in the collection, transportation, storage or testing of that evidence, then you might successfully argue that it’s been compromised and therefore isn’t trustworthy. This could convince a judge to block that evidence from being presented against you.
Fight to protect your freedom and your future in your criminal case
A poorly handled criminal defense can lead to bad outcomes, including incarceration. Therefore, you need to carefully analyze all your defense options and aggressively pursue those that are right for your set of circumstances. By doing so, you’ll hopefully beat back the prosecution’s allegations, defeat the charges levied against you and put this frightening chapter of your life behind you. If you’d like more information about how to build an effective criminal defense, then please continue to read up on common defense strategies.]]>On Behalf of Richard T. Bryant & Associates, P.C.<![CDATA[Will my employer find out about my DUI?]]>https://www.richardbryantlaw.com/?p=466932024-12-09T20:30:28Z2024-12-09T20:30:28ZHow your employer could learn about your DUI
You typically cannot hide a DUI charge from an employer if your job involves driving. Since your driver’s license is normally suspended with a DUI charge, your employer might be immediately notified if you are required to drive for your job.
Additionally, your DUI charge is accessible to your employer if it becomes a public record. However, your employer would need to specifically search the public record or perform a background check on you to discover a DUI this way.
You have a higher chance of a DUI conviction being discovered as part of a background check by potential employers. Not all employers conduct background checks for prospective employees but background checks are required for certain positions.
If you are currently working, your employer may not discover your DUI if they do not regularly conduct background checks on current employers.
Should I tell my employer?
However, depending on your profession, it might be in your best interest to disclose the DUI to your employer if you fear they may discover it in the future and worry that it could negatively impact your career. You should carefully consider the pros and cons of disclosure before doing so.
Whether your employer cares about a DUI charge or conviction depends on your specific profession and your employer’s policies. An employer with positions that involve driving or a high degree of responsibility may care more about their employees’ DUI records than other employers.
Some employers have strict policies on criminal records, including DUI convictions. It depends on the employer. One employer might have a strict “no criminal record” policy, while another employer’s policy may only require no criminal convictions for violent offenses.
Additionally, it is important to remember that although your employer may not doubt your ability to continue to perform your job to the best of your ability, having employees with criminal records could damage their reputation. Overall, it is best to assume that your employer will likely care about your DUI charge.
Addressing a DUI while job job-hunting
If you are unemployed at the time of the DUI offense, prepare to address the issue when you are seeking employment. Recognize that for some potential employers, a DUI charge or conviction will be a deal breaker. Other employers could appreciate your honesty and transparency.
No matter what your situation, it is clear that you potentially have a lot to lose with a DUI conviction. A thorough investigation into the situation can reveal any defenses that may be available to you.]]>On Behalf of Richard T. Bryant & Associates, P.C.<![CDATA[Should you ask for a bench trial in your criminal case?]]>https://www.richardbryantlaw.com/?p=466842024-08-28T15:27:21Z2024-09-09T15:25:50ZWhat is a bench trial and what are its benefits?
In a bench trial, you try your case to the judge, who will be the sole decider of your guilt. There will be no jury selection process, and you’ll be limited in your ability to choose which judge hears your case.
That said, there are some benefits to a bench trial. To start, your case may weave its way through the criminal justice system more quickly given that you won’t have to deal with the jury selection process. Also, the judge hearing your case will know the law better than members of a jury would. This means that the decider of your fate is less likely to be swayed by emotions. Since evidence can oftentimes be streamlined in a bench trial, these cases tend to be less costly given that they can reach final resolution in a more expeditious manner.
Additionally, you may be able to gain a sense of how the judge will rule in your case based on their history of hearing other similarly situated cases. This could give you an advantage, especially since juries are notoriously unpredictable.
Are there drawbacks to a bench trial?
There certainly can be. Depending on the facts of your case, you might want to have the opportunity to appeal to the emotions of individual jurors. Your cross-examination of the state’s witnesses may be more impactful in a jury trial, and you have more freedom to choose who makes up the body of people who will ultimately pass judgment on your guilt and innocence. That said, as mentioned above, juries can surprise when you least expect it.
Also, if the judge hearing your case has a reputation for convicting similarly situated individuals or taking an aggressively punitive approach to sentencing, then you may want to avoid a bench trial and take your chances with a jury.
Which legal strategy is best for you?
That’s a question that only you can answer. But you shouldn’t gloss over this aspect of your case. After all, deciding between a bench trial and a jury trial could make a huge difference in your case. So, be sure to fully consider the facts of your case and gain an understanding of what each trial process could look like under the facts of your situation.
Regardless of which type of trial you want, you need to ready yourself to make aggressive criminal defense arguments in your case. These arguments need to be based on the evidence and in light of the law while still speaking to the elements of the charged offense that the prosecution has to prove to obtain a conviction. By doing so, you’ll hopefully be able to raise enough doubt, either in the judge’s mind or the minds of the jurors, to avoid conviction. If you’d like to learn more about how to build an effective criminal defense, then now is the time to read up on the process and what you can do now to protect your future.]]>On Behalf of Richard T. Bryant & Associates, P.C.<![CDATA[Are you aware of these consequences of criminal conviction?]]>https://www.richardbryantlaw.com/?p=466752024-06-03T18:39:43Z2024-06-05T18:30:53ZWhat are the consequences of criminal conviction?
There’s more harm caused by a criminal conviction than many people realize. This includes each of the following potential ramifications:
Incarceration: This is usually top of mind for those who are accused of criminal wrongdoing, and for good reason. Jail or prison time strips you of your freedom and takes you away from your family and friends. It also derails the life you’ve worked hard to build. So, be sure to have a full understanding of the risk of incarceration in your case before choosing the criminal defense path that’s right for you.
Fines and restitution: Depending on the charges you’re facing, you could be threatened with fines and restitution that could financially devastate you for a long time to come.
Professional license suspension or revocation: If your career requires some sort of professional license, then you might be at risk of having that license suspended or completely revoked if you’re convicted of a crime. This can crater your career, negating all the hard work that you put in to get where you are.
License suspension or revocation: If you’ve been charged with a drunk driving offense, then your license will be suspended or revoked upon conviction. This not only makes certain aspects of your life inconvenient, but it might also make it challenging to maintain a job and seek medical care when needed. It can also prevent you from visiting family members and friends, thereby poking holes in your social support system.
Child custody: If you have children who are subjected to a custody order, then your criminal conviction could be used against you to seek a custody modification with the intent of restricting your time with and access to your children. This can have a profound impact on your ability to develop a meaningful relationship with your children.
Damage to your reputation: A criminal conviction can wreak havoc on your standing in the community. You might find that you’re shunned by those who once supported you, and you might be concerned about how your neighbors and others in the community will view you when you’re out in public.
As you can see, there’s a lot on the line in your criminal case. If you don’t mount an aggressive criminal defense, then you could be staring at several of these consequences. That’s why you have to aggressively work to build an effective legal strategy that seeks to protect your rights, your interests, and your future.
Are you ready to start building your criminal defense?
If so, then start considering what evidence you can gather to support your position while also finding statutes, rules of evidence, and case law that advances your legal arguments. Only then will know that you’ve presented the most effective criminal defense possible under the circumstances. In turn, you’ll hopefully be able to beat the prosecution and secure dismissed charges or an acquittal, or at the very least reduced charges with less severe penalties.]]>On Behalf of Richard T. Bryant & Associates, P.C.<![CDATA[Why drug possession charges should be taken seriously]]>https://www.richardbryantlaw.com/?p=466742024-03-11T08:32:59Z2024-03-11T08:32:59Zyou are charged with drug possession.
Penalties for drug possession in Missouri
In Missouri, the penalties for a drug possession crime depend on the type and amount of drug found on you.
Possession of any amount of marijuana is a misdemeanor. However, it still comes with a potential penalty of one-year in prison and a $2,000 fine.
Missouri does have a medical marijuana program, which allows qualifying people with a medical marijuana card to possess certain amounts of marijuana without facing any criminal charges or penalties.
If you participate in the medical marijuana program, you should carry your medical marijuana card with you if you are stopped and detained for suspicion of drug possession. You should also never carry any amount of marijuana with you above the legal limit.
Possession of controlled substances such as cocaine, methamphetamine or heroin are felonies. Potential penalties include a fine of up to $10,000 and seven years in prison.
No matter what type of drug possession charge you face, the penalties vary depending on certain factors, such as any past criminal history and the specific facts of the case.
Do you qualify for a drug court program?
Developing a defense strategy through examining the facts and circumstances of your case can help you determine if you can beat the drug possession charges. If it appears that you cannot, the best option might be to see if you are eligible for alternative sentencing through a drug court program.
Missouri’s drug court programs can help first-time offenders avoid jail or prison time for a drug possession offense.
You must meet certain criteria to participate in a drug court program. The programs generally involve activities including regular drug testing, individual and group counseling and participation in drug court.
In addition to avoiding prison time, a drug court program can prevent you from dealing with some of the serious effects of a drug possession conviction.
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