Aggressive & Compassionate - Smith & Parnell LLC -
Columbia, Missouri full service law firm
Concentrating in personal injury, criminal defense, and family law
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Personal Injury

Smith & Parnell LLC aggressively represent the victims of wrongful death, automobile accidents, medical malpractice, nursing home abuse, product liability, and more.
Criminal Defense

Smith & Parnell LLC aggressively represents those charged with murder, drug offenses, DWI's, assault, burglary, and more.
Family Law

Smith & Parnell LLC aggressively represents those who need help in family law actions including divorce, custody, child support, maintenance, modifications, and more.


700 Cherry Street
Columbia, MO 65201


Phone: 573.442.4646
(Available 24 hours a day)

Fax: 573.442.4645


info@smithandparnell.com
 
Personal Injury

Smith & Parnell LLC aggressively represent the victims of wrongful death, automobile accidents, medical malpractice, nursing home abuse, product liability, and more.

 

Criminal Defense

Our firm concentrates on a wide variety of cases. We handle the following:

DWI * Misdemeanors * Felonies * Drug Charges * Assault * Homicide * Traffic * Minor in Possession

When criminal charges are brought against an individual it is often an intimidating and stressful experience. Generally, one can expect the following to occur during the pendency of the litigation:

Step One: Arraignment

Once an attorney is retained, arraignments for felony cases take place in open court, while arraignments for misdemeanor cases are handled out of Court. The defendant has the opportunity to have the charges read against him and can plead either guilty or not guilty with certain exceptions.

Step Two: Preliminary Hearing

When a person is charged with a felony offense he may have a preliminary hearing which will be held before an associate judge of the circuit court. The defendant may present evidence on his own behalf and may cross-examine witnesses against him. The judge must decide if there is probable cause to believe that the felony was committed and whether there is probable cause to believe that the defendant committed the felony. If the judge finds probable cause, or if the defendant waives the preliminary hearing, he will be "bound" over for trial. If from the evidence the judge does not find probable cause he must discharge the defendant.

As opposed to a preliminary hearing, a prosecutor may seek a grand jury indictment in which a grand jury determines whether probable cause exists to proceed against the defendant in circuit court.

Step Three: Discovery

Discovery is the right of the defense to obtain access to evidence necessary to prepare its own case. This process “officially” begins after arraignment for misdemeanor charges and after the preliminary hearing for felony charges.

Step Four: Plea or Trial

If a defendant chooses, he may plead guilty as opposed to proceeding towards trial. Often, a defendant may opt to engage in such a plea if he is concerned that if he takes his case to trial he could be found guilty and receive a harsher sentence than what is being offered by the State.

If a defendant opts for trial, evidence is presented in front of a Judge and/or jury. If the State cannot prove beyond a reasonable doubt that the Defendant is guilty as charged then he is acquitted. If the State has met its burden, however, than the Defendant will be sentenced accordingly.


Time Period: Depending on the complexity of the case will determine the length of time to litigate. Very serious felonies may take over a year to resolve. Most felonies take 3 to 6 months to complete. Misdemeanors take 2 to 4 months to resolve.



 

Family Law

Our firm concentrates on a wide variety of cases. We handle the following:

Divorce * Paternity * Modifications * Child Support * Child Custody

Family law cases generally can be emotionally difficult in that they usually involve severed relationships and usually battles over child custody. Generally, one can expect the following to occur during the pendency of the litigation:

Step One: Filing of Petition

Generally all family law cases start with one party filing a petition. Once the other party is served with a copy, the other party has thirty (30) days to respond or file an answer. Along with the answer, the responding party may also file a counter-petition.

Step Two: Documents Filed

In a divorce or modification proceeding, the parties have fourteen (14) days after filing of their respective petitions to file Property and Income and Expense Statements with the Court. When children are involved the parties have to attend a parenting course entitled “Focus on Kids” and submit a Form 14 form along with a Parenting Plan to the Court. Generally, if the Property and Income and Expense Statements are not filed timely with the Court, the offending party will have his pleadings stricken. Mediation is now required in all divorce cases.

Step Three: Discovery

Discovery is the right of the parties to obtain access to evidence necessary to prepare their cases. Discovery can take many forms including Interrogatories, Requests for Production of Documents, and Depositions. This process “officially” begins after both parties have filed their initial pleadings.

Step Four: Settlement or Trial

In a divorce proceeding, the parties may begin the process with the matter already resolved. This is termed an uncontested dissolution. After the Respondent is served with a copy of the Petition, the parties have a 30 day waiting or “cooling off” period until the divorce can be finalized. If there are no children involved and both parties are in agreement, the divorce can take place out of Court with one or more of the attorneys submitting the necessary documentation to the Court.

In a contested case, if the parties reach a resolution at any time during the litigation, even after discovery has begun, the parties can present their settlement to the Court for its approval.

If however, the parties cannot reach an agreement, a bench trial is held in front of circuit court judge who determines all the contested issues in the case. Family law cases do not involve juries.

Time Period: Depending on the number of contested issues and cooperation level of the parties will determine the length of time to litigate. If there are many contested issues in a case and the parties have difficulty resolving said issues, the case could take up to a year to resolve. However, if the parties are cooperative and there are few contested issues, the case could take from 1-3 months for resolution.

 
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