Smith Montgomery & Associates, P.C.

Smith, Montgomery & Associates, P.C., comprised of lawyers and highly-trained staff and one of the leading law firms in Southwest Missouri, is a full service law firm with over 65 years of combined experience.

It is in your best interest to consult a criminal defense lawyer as early as possible if you suspect you will be facing the criminal justice system. Whether or not you believe you have been wrongfully accused, an attorney will fight for your legal and constitutional rights and monitor the proceedings for legality and fairness. An attorney also cares about your work schedule, child care responsibilities, drivers license needs, or desire for a clean criminal record. Call Smith, Montgomery & Associates for a free first visit with one of our experienced criminal defense lawyers who will fight hard to get you the best outcome, trial or otherwise, if you are charged with a crime and who will explain your options at every step of the way and help you make informd decisions about your case.

The traditional definition of a felony is a crime that is punishable by a year or more in jail. A misdemeanor is a crime that is punishable by imprisonment of less than one year. Felonies are more serious crimes than misdemeanors. If you are facing felony or misdemeanor charges, please call the law firm of Smith, Montgomery & Associates for a free first visit with an experienced Criminal Defense Lawyer who will explain the charges and who will work hard have the charges dismissed or reduced.

If the police arrest you, immediately ask to call a crminal defense lawyer. Do not say anything to the police that could incriminate you. Even if you are innocent and were in no way involved in the crime for which you have been arrested, ask for an attorney and do not speak to the police without a criminal defense attorney present. Please call Smith, Montgomery & Associates for a free first visit with one of our experienced criminal defense lawyers who will fight hard to get you the best outcome, trial or otherwise, if you are charged with a crime and who will explain your options at every step of the way and help you make informd decisions about your case.

If bail has already been set in your case, you may post bond without being placed under arrest. Posting a cash bond or posting a bond through a professional bondsman can do this. Plan on spending about four hours to complete this process. Please call Smith, Montgomery & Associates for a free first visit with one of our experienced criminal defense lawyers who will fight hard to get you the best outcome, trial or otherwise, if you are charged with a crime and who will explain your options at every step of the way and help you make informd decisions about your case.

The primary purpose for bail is to assure that the accused person returns for his or her court hearing. However, the court may take into consideration the nature of the offense and the future safety of the victim and community when setting bail. This subjective determination sometimes results in absurd bail amounts. If bail is too high, then a member of Smith, Montgomery & Associates' Criminal Defense Team will seek a reduction from the court at the first possible opportunity. If the court will not agree to a reduction, then the criminal defense lawyer at Smith, Montgomery & Associates will be prepared to argue why the client is being held in violation of his or her constitutional rights.

Even if your case is dismissed, the only way to completely clear your record from data banks is to sue for an expunction. The law allows you to expunge your criminal record in certain instances. Generally, if your case was dismissed as a result of mistake or lack of probable cause, you have the right to an expunction. Also, if you are found "not guilty" after a trial, you have the right to an expunction.

Unless waived by the accused, every felony case must be indicted by a grand jury generally consisting of ordinary citizens who would make an independent analysis of a case presented by the prosecuting attorney. If the grand jury finds probable cause, an indictment is returned. A grand jury's decision is limited to the information that is provided by the prosecutor. The accused does not have a right to testify before the grand jury, but many prosecutors welcome the testimony. There is no right to counsel in the grand jury room. The accused must be placed under oath and the prosecutor can examine him about any topic he or she deems relevant. Please call Smith, Montgomery & Associates for a free first visit with one of our experienced criminal defense lawyers who will fight hard to get you the best outcome, trial or otherwise, if you are charged with a crime and who will explain your options at every step of the way and help you make informd decisions about your case.

No. In most situations the police need either your consent or a search warrant to enter your house. Most police officers will ask your permission to search because it saves them a great deal of hassle in getting a search warrant. The sufficiency of any search warrant can later be tested to see if it was properly attained. However, if you give consent, any defects in procedure or evidence will probably not help your situation and the search will probably be allowed.

Motor vehicles are a slightly different matter. Usually the police will be able to search your car if you are being arrested. However, this usually does not include stops for speeding or other minor traffic violations.

If you are stopped by the police in your vehicle, you always have the right to say "No, you cannot search my car." If the police have the legal right to search it, they will do so anyway. If they were wrong, anything they found cannot be used in court. Unfortunately, if you consent to the search, the items found will likely be used against you, even if they had no legal right to search.

Without your consent, private investigators and detectives cannot search your car or home. Please call Smith, Montgomery & Associates for a free first visit with one of our experienced criminal defense lawyers who will fight hard to get you the best outcome, trial or otherwise, if you are charged with a crime and who will explain your options at every step of the way and help you make informd decisions about your case.

Not necessarily. It really depends upon the level of violation and the charge itself. Many have accepted an unfair plea simply because they were promised that they would not get jail time. A number of these people probably had little or no risk of actually serving a jail sentence even if they went to trial and lost. It is always best to contact an attorney as soon as you are charged with any crime. There are time limits and rules that must be followed to make sure that every opportunity to challenge and investigate the case against you is undertaken.

Most people who get misdemeanor charges do not go to jail on their first offense. In most cases this is because the district attorney could not get the judge to give a jail sentence to a first-time offender. It is best to have one of our attorneys look at your case to determine what a reasonable offer from the district attorney might be.

Individuals who are charged with felonies are looking at penalties ranging from 1 year to the rest of their life in prison. Again, in many cases it is possible and sometimes likely that the judge will forego any prison time in favor of probation. Further, many felony cases can be reduced to misdemeanors, or you may receive a deferred sentence (an agreement to stay out of trouble and comply with other specified conditions in return for a dismissal of the case). Additionally, the law and facts sometimes warrant that a case be totally dismissed.

Each case is different and you should have one of our attorneys review your situation before accepting any disposition to your case. Some criminal charges such as driving while suspended or revoked, sexual assaults, and statutory crimes of violence have mandatory jail or prison sentences. Information is power and to make an informed decision in your case you should call the experienced criminal defense lawyers at Smith, Montgomery & Associates for a free first visit.

Probably. Most people charged with a crime in Missouri are entitled to have a reasonable bond set in their case. Felony cases usually have bonds ranging from $750 to $50,000. However, in very serious cases such as murder the bonds can be even higher. Misdemeanor cases usually have bonds ranging from $100 to $1,500.

To bond someone out of jail you must give the courts the amount of money equal to the bond. This money then serves as a guarantee that all court appearances will be made. Once the case is complete the money will be returned to the person who posted the bond. In serious cases it may be impossible for you to post the entire bond amount.

If you are unable to post a cash bond in the amount needed you can consult a professional bail bondsman. These companies will charge you a premium of usually 10-15 % to bond a person out of jail. This money is their fee and you will not receive any of that money back once the case is complete. Depending on the amount of the bond and the nature of the case, the bondsman might ask for some form of collateral on the bond (often it is a lien on your house or property).

Bondsmen do not represent you in a criminal case. They are not advocates and they cannot give you legal advice on your case. It is illegal for a bondsman to refer you to an attorney. One reason it is illegal for a bondsman to refer you to an attorney is that the bondsman may decide to revoke your bond at a later date; and if you are using the lawyer he suggested, it might be that your lawyer has a relationship with the bondsman. This means the attorney may have a conflict of interest and could not adequately be fair to you and the bondsman. It is better for you to have an attorney who is independent and does not owe any loyalty to your bondsman.

Make an appointment for a free first visit to discuss your case and find out how our representation can make a difference in your case. At that visit, we will give you a reasonable price for your defense and put it in writing. You will know exactly what it will cost and exactly what services will be included. There will be no extra fees or hidden costs. When you decide to hire us, we can set you up on a payment plan, and we also accept VISA, MASTERCARD, AMERICAN EXPRESS and DISCOVER for your convenience. You can be assured you will have a trained, experienced Criminal Defense Team who is willing to listen to you and then fight for your protection.