Everything You Need to Know About Criminal Defense Cases in Missouri. St. Louis defense attorney Chris Combs answers the most commonly asked questions about Criminal Defense Cases in Missouri.
You can read a transcript of the interview below.
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Interview Transcript
Scott Michael Dunn: Welcome back to the Hexxen podcast. This is Scott. I’m with Chris Combs from Combs Waterkotte out of Clayton, Missouri. We’re going to have a discussion about general criminal defense.
So the big question to start off with would be why and when would I need a criminal defense attorney?
Chris Combs: Anytime you’re charged with a crime you need a defense attorney.
Sometimes without even being charged with a crime. You get a call from a detective wanting to talk to you. There’s an allegation made, but charges aren’t filed yet.
Anytime there’s a contact from law enforcement or you’ve been arrested, you need a defense lawyer to put someone between you and law enforcement, you and the prosecutor’s office.
Scott Michael Dunn: And do I need a criminal defense attorney if I’m innocent?
Chris Combs: That’s probably when you need one the most, because if the prosecutor’s office feels that they have enough evidence to charge you, and you’ve been charged and you are completely innocent, then that is – you always need a criminal defense lawyer, but that is really when you need one.
Unfortunately we sit here, we talk about the burden of proof being on the state of Missouri. Often defense lawyers would joke during picking a jury, “I don’t have to do anything. The burden is on the state.”
Now, of course, I’m not going to sit here and not do anything. But the state has to [meet] their burden. So that being said, yes, you absolutely need a defense attorney.
Scott Michael Dunn: Now, how do I find a good criminal defense attorney?
Chris Combs: The way I would look for a defense attorney is I would do my research, first and foremost. I’d hop online and I would do my research. Then after doing my research, I would call. Get a vibe, try to get my questions and concerns answered.
I’d start asking questions like, “Are you going to be the one personally handling my case? Are you going to pass this off to a younger lawyer? Are you going to be the one at my court dates? What’s your defense strategy look like?” So I would interview them and ask them the appropriate questions.
After that, you kind of have to go with your gut. I tell people that all the time. It is not easy. You’re calling up a bunch of strangers, for the most part, and you’re putting your life in their hands. So, again, vet them, vet them on the internet, interview them.
Eventually you’re going to have to go with your gut, right?
Scott Michael Dunn: What are my rights if I’m arrested?
Chris Combs: Well, again, all your constitutional rights apply. Your fifth amendment right to remain silent. I know that we are a broken record on that, but there’s a reason. As much as it’s said, I cannot tell you how many police reports I get, or audio recordings, or body cam footage where people just cannot restrain from saying something that ends up incriminating them and making my job much harder.
The right to remain silent should be used much more often than it is. But, you have all your – you have a right to an attorney. All your constitutional rights apply.
Scott Michael Dunn: What should I do? The first thing I should do if I’m arrested?
Chris Combs: The first thing you should do if you’re arrested is, of course, if you’re in custody, then you probably need to contact family and have your family or whoever you trust start looking for an attorney for you.
That attorney will come and visit you while you’re in custody and talk about getting your bond reduced and getting you out so you can fight the case from the street.
But again, yeah, your first call is probably to family to start looking for an attorney for you to get moving on getting you out.
Scott Michael Dunn: What should I do if I’m charged with a crime?
Chris Combs: Again, you have to get a defense lawyer.
My law partner joked earlier, “I’m not going to do my own knee replacement surgery.”
Scott Michael Dunn: Right.
Chris Combs: It’s the same concept. Obviously, it’s easy for me to say because I’ve been doing this for 13 years, but I just could not imagine walking into a courtroom unrepresented. You are at such a severe disadvantage.
Scott Michael Dunn: Would you say you’d have confidence in just getting a public defender?
Chris Combs: That’s a tricky question. There are great public defenders.
The big difference between public defenders and private counsel are: One, public defenders are so busy, they typically do not communicate with family. They only communicate with their client. So you’ve got mom, dad, sister, brother who wants to be kept in the loop. They simply do not have the time because of the caseload they have and things of that nature.
There’s nothing wrong with the public defender. However, you’re not getting your choice of who you want. Oftentimes, the turnover rate is high in the public defender’s office, and a felony case can last a year, and you may have three, four different lawyers. So you’re just not going to get the face time, they’re not going to communicate with your family. Things like that.
Scott Michael Dunn: What happens during a criminal trial?
Chris Combs: A criminal trial, obviously the first step is pre-trial motions. So you’re filing motions on what can and cannot be set at trial. Those are referred to as motions in limine. So you’re filing pre-trial motions.
Then, day one, you’re picking a jury. That’s arguably one of the most important parts of a trial is jury selection.
After that, the state puts on their evidence. Then of course the defense council has an opportunity to cross examine any state witnesses. Then defense counsel can put on their case, which often can be the decision whether or not your client testifies, or if you have any experts you want to put on.
Then it goes to closing arguments and jury deliberations.
Scott Michael Dunn: Can criminal charges be dropped?
Chris Combs: Yes, they can be dropped in a number of ways.
Really, the prosecutor’s office is the only one who can drop charges. There’s this misnomer that we talked about domestic assault earlier, where husband and wife, been married 20 years, never had an incident, had too much to drink one night, something got out of hand.
“Look, we don’t want the courts involved. We’re good.” Once that 911 call is made, it’s too late. That ball is rolling.
But can you get them dismissed? Yes, you can. And there’s a few other ways to do it. A lot of times, for [the] appearance of essential witnesses, people don’t appear. Like if someone doesn’t want to prosecute.
There’s also a way to get them dismissed by just working the case up aggressively, taking the alleged victims’ deposition, which is their sworn statement under oath, and challenging them on their credibility, their history, et cetera, et cetera.
Scott Michael Dunn: What’s the difference between a misdemeanor and a felony?
Chris Combs: Misdemeanors vary from A to D, and felonies go from A to E.
First off, for a misdemeanor, you’re not going to prison. You’d be going to county jail, if anything. But the fines and penalties for misdemeanors are lightyears lower than anything you’re looking at in felony territory.
Scott Michael Dunn: How long does a criminal case take?
Chris Combs: For a felony, procedurally, just to make its way from associate to circuit court and what it has to go through, I’d say the quickest you’re resolving a felony case is probably six to nine months. A misdemeanor case, probably quicker.
But I say this all the time, I would never rush a case at the expense of the outcome. There’s so many things that happen as a case gets kind of some age on it. People don’t care as much. I’ve had law enforcement join the military. They’re no longer available.
I’ve seen cases fall apart over time.
Scott Michael Dunn: What are the potential penalties for a criminal conviction?
Chris Combs: Oh, you’re looking at anything from prison time to a felony conviction on your record, a lot of your rights taken away from you, voting rights, gun rights. You [can] spend the rest of your life in prison being convicted of a felony.
Scott Michael Dunn: What should I say to the police if I’m –
Chris Combs: Nothing. Nothing.
I know I cut you off. It’s just such an easy answer. It never, ever, ever bodes well, because there’s questions they ask that do not have good answers. They are seeking to build a case. I hate to say it. They’re not your friend. They’re not there to help you out. They’re trying to make a case.
Nothing you say is going to help anything whatsoever. It’s going to be taken out of context, misconstrued to build a case against you.
So, nothing.
Scott Michael Dunn: Can I plead guilty? I mean, what do I do to avoid jail time?
Chris Combs: That’s a good question. There’s a lot of different things you can do to avoid jail time.
Yes, you can plead guilty to a lesser offense, or plead guilty for a probation as opposed to some shock time or incarceration.
It’s obviously very case specific.
Scott Michael Dunn: What’s the process of getting bail and how do you get it? How do you do it?
Chris Combs: Once you have been arrested and the judge sets bond, then typically you’ll have your initial appearance where the judge will say – it’s kind of an arraignment. “This is what you’re charged with. Here’s your bond amount.” Then they’ll typically put you on the seven day bond review docket.
Now if you get a defense lawyer, you can bump up that timeline considerably. Almost always.
However, there’s only two ways to get a bond reduced. That is by consent, meaning you come up with an agreement with the prosecutor, with the state. Or you go in front of a judge and you argue why the bond should be reduced. And the judge will make a ruling.
Scott Michael Dunn: Can I reduce or dismiss criminal charges?
Chris Combs: No, only the state can outright dismiss charges.
We talked a little bit about domestic violence earlier. Again, it’s a misnomer thinking – from law and order and all these TV shows – that “Oh, they don’t want to press charges,” so case dismissed or case dropped.
Again, I’m talking about domestic specifically. But, once the prosecutor’s office is involved, you’re not going to see a dismissal unless the case is aggressively worked up and challenged. You have to make the state see, “All right, maybe I don’t have the case I thought I had.”
Scott Michael Dunn: What should I expect during a criminal defense consultation?
Chris Combs: We try to give people as much of our time as possible. We try to address any questions or concerns.
What I typically do is lay out the process in its entirety. By the time I’m talking to someone, if they’ve been charged, I’ve been able to read the allegations and look at the law and the statute.
So I really just lay out the process in its entirety, explain the charge, the range of punishment, what their exposure is. Then once they tell me their side of the story, then we start talking about potential – everyone wants to know what’s the best outcome, what’s the worst outcome.
So then we get into that conversation of “Okay, this would be the best possible outcome.” Then, “Here’s kind of the worst that could happen.”
Scott Michael Dunn: So what are the chances of winning a criminal case?
Chris Combs: That’s a tough question to answer because it’s so fact specific. Every case is very different.
I will say that the cases that we want to take to trial, oftentimes we don’t get to because that means that we’ve either worked the case up so well, or that the state has issues with their case that we’ve pointed out and or highlighted. That’s a nice way to put it.
The state will look at it and potentially would look at dismissing it or lesser charge. Something of that nature.
Scott Michael Dunn: How does plea bargaining work?
Chris Combs: It’s negotiations, of course.
We have to get all of the facts. I always tell our clients, “We can never have too much information. I will parse through it. Give me everything.”
We also talk about mitigation. I always tell people, “Look, I’m not your dad. I don’t pay your bills. You can tell me you don’t want to do this stuff, but if you want to be in the best position to get through this case, here’s what I recommend.”
If it’s a third time DWI, I’m recommending treatment. If it’s a domestic assault, I’m recommending anger management therapy. So those are other things that of course we consider.
Plea bargaining is really a negotiation to get something reduced – to get a charge “amended” is what we say, or reduced to a lesser charge.
So plea bargaining is negotiating. Once you have all the facts, potential mitigation, and things of that nature.
Scott Michael Dunn: So what should I do if I’m convicted of a crime?
Chris Combs: If you’re convicted of a crime, then you have to either serve your sentence or complete your probation. Then, you can call an attorney to see if that charge you were convicted of is eligible for an expungement.
Scott Michael Dunn: Well, speaking of, can I clear a criminal record?
Chris Combs: Everyone has four types of records. You have a driving record, you have an arrest record, you have a criminal record, and you have a DFS, Department of Family Services, CPS, Child Protective Services record. So you have four records.
What a lot of people don’t understand, particularly people who’ve never been in trouble before, when you’re hiring a defense lawyer, they’re there to protect your freedom and your criminal record.
The second you’re fingerprinted and arrested, that arrest record is there. It doesn’t matter how much money you spend, who you hire, that arrest record is there.
Our job is to do a good enough job. Our job is to do good enough on the case and get a good enough result, if not a dismissal or an acquittal, that you can go back and get that arrest record expunged.
Scott Michael Dunn: That’s a really important decision, to choose an attorney. We talked a little bit about interviewing attorneys, understanding the value of that attorney.
So, not all people can afford a private attorney. There’s options, right? You can get [a] public defender. Now, in your opinion, obviously, there’s a difference between a private attorney and a public defender.
On a basic scale, if criminally convicted of some crime, where do you stand and what makes the most sense for you and what direction should you go?
Chris Combs: I always think you want a private attorney, and I say that first and foremost because then that’s the attorney of your choosing, okay?
If you go with a public defender, it’s just whoever you get, whoever gets assigned to your case. There’s plenty of great defense lawyers who are public defenders. There’s a lot of great lawyers in the private sector today that got their start being public defenders.
However, their caseload is gigantic, and the turnover in most public defenders’ office is high. So you have a felony case that lasts a year, you may have three different, four different lawyers, on and off your case.
And because [of] public defenders’ time constraints, they have to make the office — and I’m not saying this is an office guideline. But from everything I’ve ever heard, public defenders don’t have time to report back to family and things like that. So a lot of frustration we get is, “Hey, we have this public defender and we just can’t get them on the phone.”
And I explain to them, they don’t report back to family. They only talk to the defendant. That’s scary for a lot of people. Again, with the time constraints and their caseload and whatnot, you’re not going to get the face time you’re gonna get with the private lawyer.
It’s just the truth of the matter.
Scott Michael Dunn: It just sounds like they’re overloaded.
Chris Combs: They are. They’re overworked and underpaid, in my opinion, and you just don’t know who you’re gonna get. You could get a great lawyer who really cares. You could get one who’s just so overwhelmed with so many files that you get lost in the stack.
If you’re charged with a crime, why would you roll the dice on who’s fighting for you if you have the financial resources to go interview and pick who you want? That seems like a no brainer, I think.
Scott Michael Dunn: I think that’s a no brainer. That makes the most sense of all. Your life is the on line. Your quality of life, your —
Chris Combs: Your freedom, your liberty.
Scott Michael Dunn: That’s terrifying.
Chris Combs: A criminal record that could prohibit you from excelling in your professional career.
Scott Michael Dunn: Yeah, everything’s on the line.
Chris Combs: You could end up not being able to go to your son’s T-ball game or field trips or chaperone events.
Scott Michael Dunn: Not saying that the greatest attorneys that grace the courts today didn’t start as a public defender. You very well [could] roll the dice and gamble and could have the up and coming best attorney that’s ever graced the courtroom.
But that to me, I don’t want to gamble on my life. That’s where I’m at.
Chris Combs: I didn’t mean to talk over you, but I agree. It’s a gamble. You have no idea what you’re going to get.
Scott Michael Dunn: One of the factors I think between public defenders and private attorneys is — well, we talked about caseload, right? And their ability to reach and meet and talk to family, which they don’t do that either.
But one thing that really dawns on me, which is scary, if you’re overloaded and you have a massive caseload, is there a predominance in the public defense creed to maybe expedite cases a little quicker than they should? Or maybe not work really super hard to get what they could possibly get by taking it to court?
Chris Combs: Well, I know at least at our firm, we are results driven, meaning we are always looking for dismissal or an amendment to a lesser charge. We do not take the first plea offer and then go back to our client and say, ”If you don’t like it, pay us to go to trial.”
Whereas in the public defender’s office, I think you hit the nail on the head. I think that with less face time, less hands on the file. By the time your file makes its way to me at Combs Waterkotte, it’s been reviewed by two or three people, a paralegal, a law clerk, an associate lawyer, before it lands on my desk. Again, you’re just not going to get the time.
I’m not saying you’re not going to get the effort, but you’re just not going to get the time that we’re going to invest in your case. I think that’s critical.
Scott Michael Dunn: And with that time investment in the case, you’re looking for the win.
Chris Combs: Yeah, I’m looking for the win. I’m not here to rush it.
When you have that kind of caseload, you may do what I just mentioned, which is, “Look, this is the best deal I can get. If you don’t like it, we’ve got to go to trial and there may be a much better deal out there, but just not time to fight for it.”
So it’s like, “Take this or let’s roll the dice in front of 12 jurors,” when there very well could be another avenue to getting a better result.
Scott Michael Dunn: Yeah. I know Steve had mentioned – and you just said, so many eyes on content and the documents. What Steve mentioned, we were talking about orders of protection, he really goes through everything in great detail, reads text messages and all through and through.
And what I feel like there’s a pretty substantial difference between being overloaded as a public defender and going into a private attorney. I don’t know how they would even have the time to really comb through stuff like that.
Chris Combs: Yeah, I don’t think they have the time. We tell every client, “You cannot give us too much information.”
Our team will parse through anything. Medical records, we get mountains of medical records sometimes. It’s just case specific, but we always want as much information as possible and will parse through it.
This is a generalized statement, but I don’t know how most public defenders could find the time.
And I have great friends who are public defenders, but it is hard for them to find the time to be able to go through voluminous amounts of documents and things of that nature.
Scott Michael Dunn: I don’t know how it’s even possible. They’re a singular entity.
Chris Combs: They’ve got a tough, tough job, public defenders. I respect it.
Scott Michael Dunn: Exactly. Lots of respect to any of those out there that are public defenders. Because it’s a hard job.
Chris Combs: Yes, it is.
Scott Michael Dunn: But, if my life’s on the line, I don’t really want to gamble.
Chris Combs: No, you want the lawyer of your choosing, that you’ve researched, that you’ve interviewed, and that you feel comfortable handling your freedom, your liberty, your criminal record, your ability to go back and get an arrest record expunged.
Scott Michael Dunn: Absolutely.
I’m always amazed by the quantity of information that can fit in one brain. You have an immense amount of information. I’m always pleased and we’re blessed that you take the time out to sit and share that just vast amount of knowledge with us.
Chris Combs: It comes with time. Every day I learn something new, but I appreciate it.
I think getting this information out there is really helpful to people. As we say, we’re helping good people in bad situations. People make bad judgment calls in the heat of the moment or what have you. So we’re there to help them every step of the way.
Scott Michael Dunn: I like the humbling fact as well, of “interview your attorney.” Meaning, you’re not saying to everyone out there, “Call me, call me, call me, call me,” like I see on billboards in every advertisement, every attorney commercial I’ve ever seen. “Call me, call me, call me, me, me, me, me.” It’s nice to hear from you that it’s important that you find the right fit. For your case, for what you need, for your family. I think it says a lot about your character.
Chris Combs: Well, thank you. And I appreciate that. And I mean that wholeheartedly.
This is, for most people, one of the most trying times of their life. And they call us attorneys “counselors at law” for a reason. You want an attorney who cares and who’s going to pick up the phone, answer your questions, and relieve your anxiety, and things of that nature.
Of course, I’d love the opportunity to fight for anyone, but whether it’s financial constraints or whatever it may be, you don’t like their style. It’s the person’s choice and the choice of a lawyer is so critical.
Again, yes, I think that you should interview who you think are a couple of the top guys and then go with your gut.
Scott Michael Dunn: Makes sense. It makes so much sense.
Well, we appreciate you joining us yet again. Chris Combs with us from Combs Waterkotte out of Clayton, Missouri.
We covered general criminal defense and that subject is tricky and scary. Be cautious and be armed with the right attorney.
Thanks for joining us. We’ll see you next time.
If you need Missouri’s leading criminal defense team to defend your rights and freedom, speak to a criminal defense attorney today at (314) 900-HELP or contact us online for a free case review.
