Aull, Giorza, Worthington, Hamilton & Heimsoth, LLCAull, Giorza, Worthington, Hamilton & Heimsoth, LLC2026-07-13T07:13:13Zhttps://www.aswghlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604649/2020/12/cropped-site-identity-32x32.pngOn Behalf of Aull, Giorza, Worthington, Hamilton & Heimsoth, LLC<![CDATA[What happens if you fail a field sobriety test in Missouri?]]>https://www.aswghlaw.com/?p=2525482026-07-07T10:14:23Z2026-07-07T10:14:23ZWhat are field sobriety tests?
Officers use field sobriety tests to check if a driver is impaired. These tests measure balance and coordination. Common tests include:
Walking in a straight line while counting steps and turning around
Standing on one leg for a period of time while counting
Following an object with the eyes while keeping the head still
Officers use the results to decide whether to make an arrest. The tests can provide evidence that supports probable cause. However, they are only one factor officers may consider when evaluating impairment.
Does failing a test mean a conviction?
Failing a field sobriety test does not always mean someone was actually impaired. Many sober individuals fail them for legitimate reasons. Age and physical limitations can make the tests difficult. Injuries or disabilities interfere with coordination. Poor lighting can also make it hard to see where to step.
As a result, officers may misinterpret normal behavior as signs of intoxication. Since these tests rely on observations, outside factors can affect the results. A failed test alone does not prove guilt.
What steps follow a failed test?
After failing a field sobriety test, officers usually make an arrest for driving while intoxicated (DWI). The driver will be taken into custody and transported to a station or testing facility. Officers then request a chemical test under Missouri's implied consent law. This usually means a breathalyzer or blood test.
Refusing the chemical test triggers automatic license revocation for one year under Missouri's implied consent law. Revocation completely terminates driving privileges, which means drivers must go through a formal reinstatement process.
Chemical test results can become important evidence in a DWI case. However, you may challenge those results if testing procedures were not followed properly. Equipment issues or other factors may also affect their accuracy.
Protecting your rights after a DWI arrest
A failed field sobriety test can feel overwhelming. However, it does not determine the outcome of a DWI case. The decisions you make after an arrest may affect how the case moves forward. Focus on important details, including the events leading up to the stop and how officers conducted the testing. Understanding potential challenges to these details can help protect your rights through the process.]]>On Behalf of Aull, Giorza, Worthington, Hamilton & Heimsoth, LLC<![CDATA[What risks come with unclaimed inheritance in Missouri?]]>https://www.aswghlaw.com/?p=2525452026-04-29T10:15:31Z2026-04-29T10:10:51ZWhen someone passes away in Missouri, property typically moves through a court supervised process called probate. This process helps ensure that assets go to the people who may have a legal right to receive them. However, when heirs do not come forward in time, an inheritance may remain unclaimed. That situation can create barriers that may affect access to family assets.
How can inheritance become unclaimed?
An inheritance may go unclaimed for several reasons. In some cases, family members do not receive formal notice about the probate case. In other situations, contact details may no longer be current or family ties may have faded over time. Missouri courts generally depend on accurate records and timely responses to move estate matters forward.Several factors may contribute to an unclaimed inheritance, including:
Moving to a new address without updating contact information
Not receiving notice that a probate case has started
Having missing or incomplete estate records
Experiencing delays in locating distant relatives
Each of these situations may slow the process and increase the chance that assets remain unclaimed for a period of time.
How are assets transferred to the state?
If an inheritance stays unclaimed in Missouri, the assets may not remain with the estate indefinitely. Under Missouri’s escheat laws, unclaimed property may transfer to the custody of the state when no heirs come forward within the required timeframe.Once this happens, the Missouri State Treasurer generally holds the funds in the state’s unclaimed property system. At that point, accessing the inheritance may involve a different process that focuses on proving entitlement at the state level rather than through the original probate court.
What risks heirs might face?
Allowing an inheritance to go unclaimed may lead to several practical challenges. These concerns can include:
Strict time limits: Missouri law generally allows up to 21 years to request recovery of escheated funds, and missing that window may affect the ability to claim them
Complex recovery steps: State custody often requires specific documents to confirm identity and legal rights
Diminished asset clarity: Over time, records tied to the estate may become harder to verify or locate
Taken together, these factors may make it more difficult to recover assets once they move out of the probate process.
Why staying informed matters
Unclaimed inheritance in Missouri can create delays and additional steps for families. In addition, probate timelines and notice requirements may move quickly in some cases, which can increase the chance of missed opportunities if communication breaks down.As a result, staying aware of probate and estate proceedings and keeping contact information updated with family members may help reduce the risk of assets becoming unclaimed.]]>On Behalf of Aull, Giorza, Worthington, Hamilton & Heimsoth, LLC<![CDATA[3 custody myths Missouri parents should know]]>https://www.aswghlaw.com/?p=2525442026-01-26T10:46:48Z2026-01-26T10:46:48ZEnding a marriage can be a dreadful process for many parents; it brings sleepless nights and constant questions about what is best for their children. You might hear advice from friends, family or even online forums, but not everything you hear is accurate. Misunderstandings about custody can create unnecessary stress and make tough decisions feel even harder. Knowing the facts about Missouri custody laws can help you feel more confident and focus on your child’s needs. Here are the truths to three common misconceptions about custody.
Myth 1: Staying home guarantees custody
Many parents think that staying home with the children automatically means they will get primary custody. Missouri courts do not favor parents based on employment. Judges focus on the child’s best interests, including stability, emotional bonds and the ability to provide continuous care. A parent who works outside the home can still get custody if they maintain routines, attend school events and participate in extracurricular activities. Being a homemaker may help, but it is only one factor the court considers.
Myth 2: Earning more money improves your chances
Some may assume that earning a higher income gives them an advantage in custody decisions. However, custody is determined by what arrangement best serves the child’s needs, not by how much a parent earns. Judges consider stability, emotional bonds and each parent’s ability to care for the child. Financial resources are more relevant to child support, which is separate from custody. Even parents with modest incomes can receive primary custody if they provide consistent care, a safe environment and an engaged, supportive relationship with their children.
Myth 3: Primary custody means having the final say
A parent might mistakenly believe that having primary custody is the same as having sole custody and grants them complete authority over all decisions regarding the child. The law separates legal custody, the right to make decisions about health, education and welfare, from physical custody, which is where the child lives. A parent with primary physical custody often shares legal custody with the other parent. Both parents usually have a say in major decisions. Sole custody, however, does grant the custodial parent full decision-making authority over the child. Understanding this difference can reduce conflict and help parents create a predictable, cooperative routine for their children.Recognizing and addressing these myths can give parents perspective. Custody decisions are never about “winning” but about creating an environment that meets the child’s emotional and practical needs.
Professional guidance makes a difference
Every custody case has its own nuances, and legal information can feel overwhelming when parents are managing complex decisions that affect their children’s well-being. Consulting an experienced Missouri family law attorney can help safeguard your rights while working to keep your child’s best interests as the central focus.]]>On Behalf of Aull, Giorza, Worthington, Hamilton & Heimsoth, LLC<![CDATA[When should you consider establishing a revocable living trust?]]>https://www.aswghlaw.com/?p=2525432025-10-24T19:44:05Z2025-10-24T19:44:05ZA revocable living trust can offer many benefits when it comes to managing your estate. While it may not be necessary for everyone, there are certain situations where it becomes a smart choice. Understanding when to establish one can help you protect your assets and streamline your estate planning.
When you want to avoid probate
One of the primary reasons to set up a revocable living trust is to avoid probate. Probate is the legal process that validates your will and distributes your assets. It can be time-consuming, costly, and public. A revocable living trust enables your assets to pass directly to your beneficiaries without going through probate, which can save time and money for your loved ones.
When you have a complex estate
If you have a large or complex estate, a revocable living trust can help ensure that your assets are managed according to your wishes. This could include real estate, business interests, or investments spread across different states. A living trust makes it easier to handle these types of assets without the need for a complicated probate process.
When you want more control over your assets
A revocable living trust gives you the flexibility to maintain control over your assets while you are still alive. You can change or revoke the trust at any time, which makes it a more flexible option compared to other estate planning tools like irrevocable trusts. This is especially helpful if you want to adjust your estate plan as your circumstances change.
When you want to plan for potential incapacity
In addition to managing your estate after your death, a revocable living trust can help if you become incapacitated. You can name a successor trustee who will step in and manage your assets on your behalf if you are unable to do so. This can avoid the need for a court-appointed guardian or conservator.
When privacy is a priority
Unlike a will, which becomes public once it's filed in probate, a revocable living trust allows your estate details to remain private. This can be appealing if you want to keep your financial matters confidential, as the trust document is not part of the public record.Establishing a revocable living trust can provide peace of mind, control, and flexibility when it comes to managing your assets.]]>On Behalf of Aull, Giorza, Worthington, Hamilton & Heimsoth, LLC<![CDATA[2 drug charges that may become felonies in Missouri]]>https://www.aswghlaw.com/?p=2525402025-08-07T06:46:54Z2025-08-07T06:46:54ZA single drug charge in Missouri may lead to significant legal consequences. Some individuals may receive a misdemeanor, while others face felony-level accusations.
Law enforcement determines the classification of the charge based on their findings and interpretation of the situation. However, there are two situations in particular that may significantly increase the risk of receiving a felony charge.
Possessing controlled substances
In Missouri, possessing even a small quantity of a controlled substance without a valid prescription or lawful reason may lead to felony-level consequences.Simply having these controlled drugs may cross a legal boundary. The category of the substance and the amount found both play a role in the way the court views the seriousness of the offense. Law enforcement also considers prior arrests or convictions. These factors may influence the way the court evaluates the situation and whether the charge qualifies as a felony.
Intending to distribute or traffic illegal substances
When law enforcement suspects that a defendant had the intent to sell or transport drugs, the charge against them may escalate to a felony. In these situations, Missouri courts generally treat the offense with greater concern due to its potential impact on public safety. To build a felony case, officers may gather evidence such as:
Digital records of drug-related transactions
Scales or packaging materials
Cash in large amounts
High volumes of controlled substances
The presence of these objects may indicate intent to distribute. Furthermore, trafficking involves a more complex pattern of behavior. This may include transporting drugs between counties or across state lines, which can make the situation more severe. As a result, the scale of the activity may directly influence the level of legal exposure.
Understanding the legal risks
Missouri drug charges involve more than possession alone. The type of charge and possible penalties may change depending on the court's view of the evidence.If you face a felony drug charge, you may experience intense pressure and uncertainty over the ways the case could impact your life. Because each step in a drug case carries serious weight, staying informed remains essential. Consulting a criminal defense attorney may offer clarity and support to help you better understand the legal process and protect your rights at every stage.]]>On Behalf of Aull, Giorza, Worthington, Hamilton & Heimsoth, LLC<![CDATA[When is the right time to draft an estate plan?]]>https://www.aswghlaw.com/?p=2525382025-05-08T22:30:41Z2025-05-08T22:30:41ZGetting started early is a smart move
Many young adults who have recently turned 18 have limited property. They may still live with and depend on their parents. They may not intend to move out or start families for years. Even so, they may benefit from creating an estate plan.
Estate plans for younger people often focus on personal protection. Young professionals and full-time college students may want to draft powers of attorney and advance directives. That way, the people closest to them know how to support them in an emergency and have the authority to do so.
A will becomes necessary once an individual has property in their own name or dependent family members. People can specify resources for their beneficiaries to inherit with wills. They can choose a personal representative to oversee estate administration. They can also name a guardian to provide for their children. Once a young professional has people who depend on them or assets that are valuable, a will or other testamentary instrument becomes necessary.
Marriage can also inspire people to establish estate plans. For some, divorce might be the reason they need an estate plan. After all, they no longer have a spouse to make medical decisions or handle financial matters on their behalf.
Those facing major medical challenges may also want to consider creating an estate plan or updating an existing one. At the latest, putting together estate planning documents in the years leading up to retirement is critical. People can review their resources and help protect themselves from the risk of incapacitation and the legal challenges that may follow their exit from the workforce.
Creating an estate plan early and then updating it as circumstances change is often the best approach. Adults of all ages may need to consider creating or updating the state plans as a means of protecting themselves and their loved ones.]]>On Behalf of Aull, Giorza, Worthington, Hamilton & Heimsoth, LLC<![CDATA[What does it mean to face per se DWI charges?]]>https://www.aswghlaw.com/?p=2525362025-02-06T01:43:06Z2025-02-06T01:43:06ZWhat does per se mean?
The term per se means “by itself.” Per se statutes make certain conduct illegal regardless of other factors. When it comes to DWI prosecution, per se violations involve having an elevated blood alcohol concentration (BAC).
Those who are old enough to legally drink should not operate a motor vehicle if their BAC is 0.08% or higher. Driving with an elevated BAC is illegal on its own regardless of whether the driver shows signs of diminished capabilities. If the driver fails a chemical test during the traffic stop, the state can prosecute them even if the traffic stop began because of speeding or other unrelated issues.
How do drivers fight per se DWI charges?
The state's case in a per se DWI scenario focuses on proving that a driver had an inappropriately high BAC. Most defense strategies focus on explaining a driver's test results or preventing the courts from hearing about them.
Drivers might have medical conditions that affect the accuracy of alcohol testing. Other times, a defense attorney might be able to raise questions about whether a traffic stop was legal. If a police officer did not have a reason to initiate the traffic stop, then any evidence obtained during that stop could be subject to challenge during a criminal trial.
Understanding how the state treats DWI charges may help people avoid unfair criminal convictions. Motorists accused of per se offenses may be able to avoid a conviction with the right defense strategy.]]>On Behalf of Aull, Giorza, Worthington, Hamilton & Heimsoth, LLC<![CDATA[Do divorcing parents always share custody in Missouri?]]>https://www.aswghlaw.com/?p=2525352024-11-06T02:19:19Z2024-11-06T02:19:19ZThe law imposes a rebuttable presumption
Like many states, Missouri has a law that instructs family law judges to make the best interests of the children their primary consideration in all custody matters. However, unlike many states, Missouri state law specifically protects the rights of parents to equally share time and parental authority.
The law specifically references establishing an equal division of parenting time and authority. However, it is a rebuttable presumption. In other words, either parent can present the courts with evidence about family circumstances and convince a judge that an even split of parental rights and responsibilities is not in the best interests of the children.
Evidence showing a history of neglect, domestic violence or even significant substance abuse might convince a judge that deviating from an equal split of parenting time and authority is the best option available. Parents need verifiable proof, not just claims about one another's conduct.
One of many factors judges consider is the willingness of the parents to put the children's needs first. Willingness to compromise and keep the focus on the children is often beneficial for those approaching litigated custody matters. Judges want to see evidence that parents can put their children ahead of their personal wishes. As difficult as it can be, many parents in Missouri do have to embrace the reality of regular custody exchanges and mutual decision-making for major matters related to their children.
Learning more about custody statutes can help people develop the most effective court strategy possible. Some couples can even bypass litigation by settling amicably if they understand the law and what outcomes are likely in their circumstances.]]>On Behalf of Aull, Giorza, Worthington, Hamilton & Heimsoth, LLC<![CDATA[Handling debts as part of the Missouri probate process]]>https://www.aswghlaw.com/?p=2525342024-08-15T18:35:31Z2024-08-15T18:35:31ZSending appropriate notice
The personal representative of a Missouri estate must take timely action to inform creditors about probate proceedings. They typically send letters directly to known creditors. Personal representatives can identify creditors by reviewing someone's financial records and their incoming mail. Unknown creditors may also exist, which is why probate rules require the publication of notice in a local newspaper.
Allowing time for creditor claims
Once estate administration begins and a personal representative sends notice to creditors, the clock starts ticking. Creditors typically only have six months in which to make a claim in the probate courts. They must do so by submitting specific paperwork. A personal representative then uses estate resources to pay the valid claims presented through the probate courts. Once they complete this process, they can then proceed with the distribution of the remaining estate resources to beneficiaries and heirs.
In cases where there are not enough estate resources to pay all creditor claims, personal representatives must take care to pay high-priority debts ahead of other financial responsibilities. Probate expenses, end-of-life medical costs and funeral expenses typically take priority over unsecured debts, like a credit card balance owed by the decedent.
It is quite easy for even organized and intelligent people to make mistakes during the probate process. They need insight from those familiar with the law to help ensure they don't make mistakes that can lead to personal liability. Having the right guidance during estate administrationcan help people avoid common mistakes and oversights. Personal representatives who properly notify and repay creditors can protect themselves from personal liability.]]>On Behalf of Aull, Sherman, Worthington, Giorza & Hamilton, L.L.C.<![CDATA[3 matters people generally need to address in an estate plan]]>https://www.aswghlaw.com/?p=467562024-07-22T07:47:27Z2024-05-17T15:09:46ZThe care of dependents
Many people have spouses or children who rely on them for practical matters and financial support. Other people may not have family that relies on them but could have pets that would be vulnerable if they died unexpectedly. It is often concern about those dependents that prompt someone to create an estate plan. Estate planning documents can name guardians for minor children, provide resources for spouses and arrange for the care of companion animals after someone dies.
The distribution of property
For many people, estate planning is synonymous with providing instructions about property distribution after they die. The main focus of many wills and trusts is to control what happens to an individual's resources after their death. Any assets in an individual's name when they die become the property of their estate. Depending on the extent of someone's property and the type of relationships they have established, they may have numerous beneficiaries that they want to leave assets with emotional or financial value to after they die. Estate planning helps someone control their legacy.
The need for support in an emergency
Estate plans can include documents that have legal authority while someone is still alive. Powers of attorney and advance directives are among the documents that people might add to a comprehensive estate plan. Those documents can provide clarity about an individual's wishes regarding their medical care. They can also name someone that they trust to pay their bills or oversee their medical treatment.
Thinking carefully about personal needs and risk factors can help people create estate plans that effectively protect them and the people they love. Testators who establish thorough estate plans can feel confident about their protection and the safety of their dependents.]]>