Law Offices of Charles M. Ferguson, II, L.L.C., lawyers in St. Louis, MO, Missouri

CONFESSIONS - WAIVER OF RIGHTS

A confession must be voluntary in order to be admitted into evidence in a criminal proceeding. When a person makes a confession, he or she is waiving his or her right against self-incrimination under the Fifth Amendment of the United States Constitution. The person may also be waiving his or her right to counsel under the Sixth Amendment of the United States Constitution. More...

Factual Stipulations in Criminal Trials

A stipulation is an agreement between adverse parties as to the definition or identification of a statement or pieces of evidence that are material to the case. Trial judges typically accept stipulations of fact presented by parties. However, it is within the trial judge's discretion to reject the stipulated fact if fact sought to be admitted is not relevant or constitutes a legal conclusion. When the trial court accepts a stipulated fact, the party that had the burden of proof with respect to the stipulated fact is relieved from presenting a foundation to establish that fact during the defendant's trial. More...

SEARCH & SEIZURE - INVESTIGATIVE STOPs

If a police officer has a reasonable basis for believing that a person is involved in criminal activity or is about to be involved in criminal activity, the officer has a right to make an investigative stop of that person. Another name for an investigative stop is a "Terry Stop," which name is taken from the United States Supreme Court case of Terry v. Ohio. The officer may make the stop even though he or she does not have probable cause for an arrest. The purpose of the stop is to investigate criminal activity and not to make an arrest.More...

FINES & COSTS

When a defendant is convicted of a criminal offense, the defendant is usually required to pay fines and costs as part of his or her sentence. If the defendant has only been ordered to pay fines and costs, the defendant will be discharged from a judgment requiring fines and costs upon full payment of the fines and costs to the proper authorities. More...

Prosecutors, Immunity and Conflicts of Interests

The prosecutor has immunity from civil liability for actions undertaken during their official duties. The prosecutor enjoys both absolute and qualified immunity. The prosecutor has absolute immunity in initiating a prosecution and in presenting the State's case, so long as the prosecutor's actions are done in conformity with the judicial process.More...