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Lowe Dreesen Miller Lowe Dreesen Miller
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FAQ

  • Estate Planning

    • It's never too early to start estate planning. Anyone over 18 should consider having basic documents like a will and power of attorney, especially if they own property, have children, or want to designate someone to make medical or financial decisions on their behalf if needed.

    • Estate planning documents are generally valid across state lines, but each state has different laws regarding things like probate, powers of attorney, and healthcare directives. It's wise to have your plan reviewed by an attorney licensed in your new state to ensure everything complies.

    • Yes, digital assets should be part of a modern estate plan. These can include email accounts, cloud storage, social media profiles, and cryptocurrencies. We help clients address these assets properly to ensure their loved ones' access and security.

    • You should review your estate plan every three to five years or whenever you experience a significant life change, such as marriage, divorce, a new child, major financial changes, or the death of a beneficiary or executor.

    • A will and a trust serve different purposes. A will distributes assets through probate, while a trust can help avoid probate altogether, offer more privacy, and provide greater control over how and when assets are distributed. We can help determine whether a trust is right for your situation.

  • Criminal Defense

    • The most crucial step is to assert your right to remain silent and immediately ask to speak with an attorney. Do not provide any statements, explanations, or excuses without legal counsel present, as anything you say can be used against you.

      You have the right to know why you are being arrested. Early intervention by an attorney can significantly impact the outcome of your case, allowing for immediate protection of your constitutional rights and strategic guidance during questioning.

    • While we are fully prepared to aggressively defend you in jury or bench trials, not every criminal case goes to trial. At Lowe Dreesen Miller, we understand that an efficient resolution is often in our clients' best interest. We diligently explore all avenues, including:

      • Plea bargains - Negotiating with the prosecution for reduced charges or alternative sentencing.
      • Case dismissals - Challenging evidence, procedures, or constitutional violations to seek a full dismissal of charges.
      • Diversion programs - Guiding eligible clients toward alternative programs like Missouri's Veterans Court or Drug Court, which focus on rehabilitation rather than traditional punishment.
      Our goal is to pursue the optimum results for your unique situation, whether that means fighting vigorously in court or finding creative ways to resolve the dispute without litigation.

    • It begins with an arrest and booking, followed by an initial appearance before a judge, during which you are informed of charges and bail may be set. For felonies, a preliminary hearing may occur to determine if enough evidence exists to proceed.

      Then comes arraignment, where you formally enter a plea (guilty, not guilty, or no contest). The pretrial phase involves exchanging evidence (discovery) and filing motions (such as to suppress evidence).

      If no resolution is reached, the case proceeds to trial, where evidence is presented and a verdict is reached. If convicted, the final stage is sentencing, with the possibility of an appeal. Our experienced team will guide you through each step, explaining what to expect and vigorously protecting your rights.

  • Litigation

    • Litigation involves resolving disputes through the court system, while ADR (alternative dispute resolution) methods like mediation and arbitration aim to settle matters outside of court. ADR is often quicker and less costly, and may help preserve relationships between the parties involved.

    • The timeline can vary significantly depending on the complexity of the case, the court's schedule, and whether the matter is settled early or proceeds to trial. Some cases may resolve in a few months, while others can take a year or longer.

    • Yes. If a dispute involves federal law or parties from different states and meets certain financial thresholds, it may be filed or moved to federal court. Our attorneys are equipped to defend clients in both state and federal jurisdictions.

    • It's essential to act quickly. You typically have a limited time to respond, and failing to do so can result in a default judgment against you. Contacting an experienced litigation attorney immediately is vital to protect your rights and develop a sound defense.

  • Personal Injury

    • In Missouri, the statute of limitations for most personal injury claims is five years from the date of the injury. However, certain cases, like wrongful death or claims involving government entities, may have shorter timeframes. To preserve your rights, it is best to speak with an attorney as soon as possible.

    • Yes. Missouri follows a pure comparative fault rule, meaning you can still recover damages even if you were partially responsible; your percentage of fault will reduce your compensation.

    • The value of your case depends on several factors, including the severity of your injuries, medical costs, lost wages, long-term impact, and pain and suffering. A personal injury lawyer can evaluate these factors and provide a clearer picture based on your circumstances.

    • Most personal injury claims are resolved through negotiation or mediation without going to trial. However, if the insurance company refuses to offer a fair settlement, your attorney may recommend taking the case to court to pursue full compensation.

  • Military Law

    • Yes. You have the right to retain a civilian attorney in addition to your appointed military defense counsel. Many service members choose to work with civilian attorneys for their broader legal experience, dedicated resources, and ability to build a more personalized defense strategy.

    • If you’re being investigated under the UCMJ, speaking with a military law attorney is critical. Early legal intervention can help protect your rights, guide your conduct, and potentially influence the outcome before formal charges are filed.

    • Generally, yes, especially in cases where the lawyer needs to communicate with your chain of command or represent you in official proceedings. However, a skilled attorney will approach this professionally and strategically, minimizing any unnecessary impact on your military duties.

    • Yes. In some cases, you may be eligible to request a discharge upgrade through a Discharge Review Board (DRB) or Board for Correction of Military Records (BCMR). A lawyer can assess your eligibility, prepare your case, and advocate for a fair review.

  • DWI

    • If you refuse to submit to such a test, your Missouri driving privilege will be automatically revoked for one year, regardless of whether you are convicted of the DWI charge. This is separate from any criminal penalties. You generally have a limited time (30 days from notice) to appeal this administrative revocation.

    • Depending on your situation and whether it's a first offense, you may be eligible for a Restricted Driving Privilege (RDP) or a Limited Driving Privilege (LDP). These "hardship licenses" allow you to drive for specific purposes like work, school, or medical appointments, often requiring the installation of an ignition interlock device (IID) and proof of SR-22 insurance. Our attorneys can help you understand your eligibility and navigate the process to seek these restricted privileges.

    • An administrative hearing is separate from the criminal case and determines whether your license will be suspended. Having an attorney represent you during this hearing is highly recommended, as it can impact your driving privileges and be a strategic part of your overall defense.
    • Possibly. A first-time DWI may be eligible for expungement 10 years after the conviction, provided no subsequent alcohol-related offenses have occurred. Certain conditions must be met, and expungement is unavailable for felony DWIs.

  • Adoption

    • Generally, anyone 21 or older can apply. You'll need to demonstrate stability, pass background checks (including child abuse and criminal), complete state training, and undergo a home study. You don't have to be married or own a home.

    • Missouri offers various paths:

      • Agency adoptions (through licensed agencies)
      • Independent adoptions (direct arrangements between birth and adoptive parents)
      • Stepparent adoptions (adopting your spouse’s child)
      • Foster care adoptions (adopting a child from the state’s foster care system)
      • International adoptions (adopting a child from another country)
    • Steps typically include a home study, termination/consent of birth parent rights, child placement, a six-month post-placement supervision period, and a finalization hearing where a judge grants the adoption decree.

    • This refers to the level of post-adoption contact.

      • Open (direct ongoing communication, such as letters and visits between birth and adoptive families
      • Semi-open (Communication through a third party)
      • Closed (no contact or identifying information shared)

      Lowe Dreesen Miller helps you explore what's right for your family.

    • Adoption laws are complex. Our experienced attorneys help you meet all legal requirements, protect your rights, handle sensitive negotiations, prepare all necessary documents, and represent you in court for a smooth and successful finalization.

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