Criminal Defense, DWI Attorney // Bert Fulk
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Passionate and Fierce Representation

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Areas of Practice

 

Criminal defense

The proper defense of a client deals with the issues surrounding an arrest, criminal investigation, criminal charges, plea or trial, sentencing, and, if necessary, appeals and post-trial issues.  To best represent a client, an attorney must have a clear understanding of the U.S. Constitution.  Initial work involves the review of the charges and claimed facts, and analysis of constitutional violations, the burden of the State, defenses and affirmative defenses; as well as potential sentence and sentencing issues.  


Drug Crimes

Drug cases are often complex and require a thorough investigation and examination of the related known facts and evidence. For example, it's important to determine the circumstances surrounding the discovery of the illegal substances. Did law enforcement officers have permission to search your vehicle, home or person? If not, did they have a search warrant? Did you know about the drugs' existence? Is there evidence that proves that the drugs are yours?

Many times, the legal policy of the Fruit of the Poisonous Tree become applicable in Drug investigations.  The policy states that if the arrest was improper that any evidence gained from the arrest is tainted and is therefore suppressed, or unable to be used in a prosecution.  My success rate for winning these motions to suppress is quite good.  Many times a prosecutor will dismiss the case after a Defense win on the motion to suppress.


Violent Crimes

Violent crimes receive much more attention from the courts and are some of the most aggressively prosecuted crimes today. Violent crimes, especially a felony offense, require an aggressive and experienced St. Louis violent crimes lawyer. If you or a loved one are a suspect or have been charged with a violent crime, it is vital that you immediately seek out an attorney to protect your rights and to properly assist you in dealing with law enforcement. So please call me today so I can immediately get to work for you.

I have represented countless of individuals facing a violent crime charge. These charges range from Murder in the 2nd Degree to misdemeanor assault. I have an exceptional track record of obtaining the best possible outcome for our clients. This is, in part, due to aggressive representation from the outset. A high pressure defense must immediately begin. I  enlist the help from experienced investigators. I preserve witness statements. I scrutinize every piece of evidence the state has against you. In short, I work tirelessly for you in order to obtain the best possible outcome. The punishment for a violent crime can be very severe. It’s important to have the best possible criminal defense attorney on your side.


Business start-up/Strategy

Small business is the backbone of our country.  From incorporation to liability and compliance concerns, it's important to have proper advice to guide you through the start-up process.  Contact me to discuss a personalized business plan for your needs.


Orders of protection

The law governing Orders of Protection is narrow to help curb people seeking frivolous orders, but unfortunately abuse of the process still exists.  Your first step is to immediately seek a skilled attorney if you have been served with an order of protection.  Due to the nature of these cases, a hearing is typically held within 15 days of you being served with the Order or Notice.  Ex Parte (or temporary) orders can be granted pending the outcome of the final hearing.  As these cases move quickly, it is imperative that you consult with an attorney knowledgeable and experienced in Orders of Protection to discuss your rights and how they may be impacted by an Order of Protection. 


DWI

DWI law in Missouri is long and complicated.  A drunk driving conviction in Missouri can lead to jail time, the loss of driving privileges, fines, community service and a criminal record. In cases where a driver has two prior alcohol-related offenses or two prior DWI convictions, our State's progressive punishment system keeps raising the severity of the penalty.  I review all available evidence including police reports, Breathalyzer test results and Breathalyzer machine maintenance records. My commitment to protecting clients has resulted in countless dismissed DWI charges and not guilty verdicts, as well as not guilty verdicts on other charges involving alleged drunk driving.  Information on which to build a strong defense lies in the evidence. My review police reports and review deficiencies in Breathalyzer tests and police actions and draw on our trial relationships with prosecutors for a best outcome for my DWI clients.


Probation Revocations

If you have violated the terms of your probation, you are facing a serious charge. Often, a court will grant probation to an offender after being convicted of or pleading guilty to an offense in lieu of imposing a term of imprisonment. However, when an individual is placed on probation, the court typically assigns certain terms and conditions that he or she must adhere to.

Any time there is a violation of the condition of the probation, the Judge, Prosecutor, and Probation officer and file a notice with the Court to schedule a probation revocation haring.  This evidentiary hearing is purely about whether or not the probation was actually violated.  In many cases, probationers are facing prison and jail time as they were on probation originally.  The battle here is to investigate and handle the situation that caused the revocation, then move my attention to the revocation itself.


Property Crimes

Crimes against property encompasses  anything from robbery to burglary to property damage, among others. These are cases where a victim is likely to cooperate with the Prosecuting Attorney.  Aside from facing prision/jail time, punishments also commonly include restitution payments.  As a crime that typically has a victim, these very serious chargse are aggressively proseucting throughout the State of MIssouri.  Understanding the nature of teh charge allows me to begin to craft a strong defense to the charge from the moment the attorney-client privilege begins. 


Juvenile Crimes

In Missouri, cases involving the alleged offenses of teens who are under the age of 17 are typically under the jurisdiction of the juvenile courts. Unlike the criminal court system, juvenile cases are considered to be civil matters even though severe penalties can be assessed. A juvenile held to be delinquent can be assessed fines and restitution and can be placed in a juvenile detention facility, among other possibilities.  It is also important to remember that a juvenile can be tried as an adult in criminal court if he or she is accused of committing a felony offense. 



Divorce/Family Law

Divorce cases tend to be the most emotionally charged of all the cases I handle.  Many different factors can affect the complexity of a divorce, from child custody to a small business.  It's important to have an attorney who can understand and litigate sophisticated and complex issues.  My job is to aggressively represent you so that you can remain focused on what is important- your family.


Paternity

Paternity means fatherhood. Establishing paternity of a child is the process of determining that a man is or is not a child’s father.

Proving paternity can start with the mother, who wants the father to contribute to the family he helped create, or with the father, who doesn’t want to be shut out of that family. In more unfortunate cases, it can start after a biological father has passed and has left assets for their son or daughter.

By creating a legal connection between a father and child, the child will become a beneficiary to what he or she needs. Whether that is child support, child custody, or the simple emotional connection with their father, they reap almost all of the benefits of a paternity test.


Personal INjury

I represent individuals who are injured in St. Charles and other jurisdictions in Missouri as a result of the careless, negligent, wrongful or reckless acts of other individuals, companies, government entities or as a result of the improper manufacturing, design or production of products sold to consumers. The large majority of our clients find themselves battling relentless insurance companies in seek of the compensation they deserve.

From a car accident that leaves you with a severe back injury and in chronic pain to a slip and fall that results in a debilitating traumatic brain injury, a personal injury can negatively impact your life in numerous ways. In cases where you believe that your injuries resulted due to another party's negligence, it's important to explore your legal options.

After a personal injury, your focus should be on recovery and reclaiming control of your life. Attempting to communicate and negotiate with insurance companies or pursue legal actions on your own can be overwhelming and frustrating. I provide the answers, advice and advocacy that you and your family need and deserve during this difficult time.

 


    Driver's License Resinstatements/Hardships

    Limited driving privileges (LDP), also known as a hardship license, may be available to you if your license has been revoked due to an alcohol-related charge or for failure to submit to a chemical test.

    Depending upon the circumstances, if you have been cited for failing a breath test or for refusing to take a breath test, you may qualify for limited driving privileges. If you have been arrested for a first-time DWI where you failed a breath test, your license will be suspended for 90 days. However, a driver is now able to obtain an immediate limited driving privilege upon meeting certain criteria.  A driver can also decide to receive a limited driving privilege for the last 60 days of the suspension period so long as he or she files an SR-22 affidavit with the Department of Revenue. Limited driving privileges will allow you to drive to work, school, and alcohol education or treatment purposes. If you have been arrested for DWI and refused a breath test, a limited driving privilege may be available after the first 90 days of a 1 year revocation period.

    If you are serving a 5 or 10 year license denial, you may be immediately eligible for limited driving privilege.  Missouri now follows a 5 year "look back" period regarding felony convictions involving the use of a motor vehicle.  There are other specific criteria that may disqualify you from a limited driving privilege.  Due to the complicated nature of limited driving privileges, it is important to consult with an attorney with the expertise and experience in dealing with hardship and license reinstatements. 


     
     

     
     
     
     
     
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