Dear flyhoover-ga;
Thank you for allowing me an opportunity to answer your interesting
question. I was a law enforcement officer in Missouri for a time and
the laws there are not much different from the laws in my home state,
where I have since been in law enforcement some twenty years now.
According to these Missouri lawyers the potential penalties for a
Class B Misdemeanor are relatively light in comparison to more
seriously classified crimes:
?CLASS B MISDEMEANOR - Maximum Penalty: From 30 days up to six months
in jail, and a fine of up to $500. Examples of Class B misdemeanors
include a First (1st) offense DWI/DUI, and first degree trespass.?
Shaun P. Kenney, Attorney at Law and J. Matthew Guilfoil, Attorney at Law
KENNEY, SHEPHERD & GUILFOIL, L.L.C.
http://www.missouri-criminal-defense.com/index.htm
According to HOUSE BILL NO. 841, 92ND GENERAL ASSEMBLY (2004)
?No person convicted of or pleading guilty to a violation of section
306.111 or 306.112 shall be granted a suspended imposition of
sentence, unless such person is placed on probation for a minimum of
two years and a record of the conviction or plea of guilty is entered
into the records of the Missouri uniform law enforcement system
maintained by the Missouri state highway patrol.?
MISSOURI HOUSE OF REPRESENTATIVES
http://www.house.state.mo.us/bills041/biltxt/truly/HB0841T.HTM
Assuming you are, or plead guilty (or ?no contest?, aka ?nolo
contendere? in legalese), it seems then that the sentencing options
range from:
1) A potential 30 day sentence and/or a $500 fine if you are found guilty, or
2) Opt for a plea bargain (if one is offered) for a suspended sentence
and risk getting up to two years probation and/or a fine along with
it.
Naturally, there are almost always associated court costs, processing
fees, probation fees, etc. that usually end up having to be paid as
well. These sometimes equal or even exceed the amount of the fine.
Each court establishes it?s own fee schedule so you?d have to consult
the clerk of the court in the jurisdiction you are referring to in
order to find out exactly what these amounts are for certain.
Of course, don?t overlook the fact that some people can plead guilty
or ?no contest? to a lesser offense in criminal court. For example, a
lesser Class C Misdemeanor carries half the penalty of a Class B. Big
difference, huh? So it might just be a legal maneuver worth consulting
a lawyer about ? which, by the way, I recommend you do since policy
prohibits us from providing legal advice in this forum.
I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad ? Google Answers Researcher
OTHER INFORMATION SOURCES
Missouri Revised Statutes
Chapter 306
Watercraft Regulation and Licensing--State Water Patrol
Section 306.111
http://www.moga.state.mo.us/statutes/C300-399/3060000111.HTM
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CLASS B |