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Recent Victories

Client v. Sheriff of Sarpy County, Nebraska - March 15, 2017

Victory. Client plead guilty to felony stealing in 1991 and received a suspended imposition of sentence. In 2017, as required by Nebraska law, client attempted to obtain a certificate from the local sheriff so that he could obtain a handgun. Relying on federal law, the sheriff denied the application on the grounds that client has purportedly been "convicted" of a felony. Kevin Whiteley provided an expert opinion stating that federal firearms law defers to the respective state's definition of "conviction" and Missouri law does not classify a suspended imposition of sentence as a conviction. The sheriff's denial was subsequently overturned on appeal.

St. Louis County v. Client - September 6, 2016

Case Dismissed. Client and her neighbor had a long-standing and ongoing dispute routinely involving police intervention. On one instance, neighbor's harassment was so abusive, client feared for her safety and again contacted police, who summarily issued both client and the neighbor a summons for peace disturbance. Kevin Whiteley discussed the matter with the prosecutor and obtained dismissal of the charge.

Client v. Federal Bureau of Investigation - June 2, 2016

Second Amendment Victory. Client tried to purchase a firearm from a federal firearms licensee; however, the FBI NICS section denied the transfer. According to the FBI, client had been convicted of a misdemeanor in another state, but the offense would have been a felony if committed in Missouri. Client appealed the NICS denial and hired Kevin Whiteley, an NRA referral attorney, who, through exhaustive research and monitoring of the fast-changing legal landscape for firearms, found Missouri Supreme Court precedent stating that the statute relied upon by the FBI did not apply to misdemeanors. The FBI granted the appeal and transfer of the firearm to client was authorized.

State of Missouri v. Client - November 6, 2015

Charges Dismissed. Upon receiving permission to search a residence in Jefferson County, police located several items customarily used in the manufacture of methamphetamine. A second subsequent search further revealed methamphetamine and empty syringes. Client was later charged with two felonies - possession of precursor chemicals and possession of a controlled substance. Based on client's criminal history, the State recommended 5 years imprisonment; however, Kevin Whiteley obtained the dismissal of all charges.

St. Louis County v. Client - April 2, 2015

Case Dismissed. Immigrant client was charged with domestic assault third degree after police received information regarding client's alleged physical abuse of his fiance. Because of client's immigration status, a plea or finding of guilt would have likely resulted in client's deporation. Given a unique set of circumstances, Kevin Whiteley was able to obtain a complete dismissal of the case by the prosecutor.

State of Missouri v. Client - December 19, 2014

Probation Continued. Client plead guilty to criminal non-support and was placed on probation for a term of five years. The State filed a motion to revoke client's probation since he allegedly failed to make the required payments. Relying on state and federal law respectively, Kevin Whiteley argued that the State's evidence failed to prove the existence of a child support debt and any debt was uncollectable as a matter of law. After the hearing, the court denied the State's motion and continued client on probation.

State of Missouri v. Client – January 28, 2014

Charge Reduced. Client was stopped by St. Louis County police for a minor traffic violation. During the search of the vehicle, the police discovered pseudoephedrine and client was subsequently charged with felony possession of methamphetamine precursor drugs. Kevin Whiteley reviewed the police reports and convinced the prosecutor that the police were deficient in stopping and searching his client's vehicle. Through negotiations, the felony drug charged was dismissed in favor of a minor misdemeanor charge.

State of Missouri v. Client – June 17, 2013

Case Dismissed. St. Louis city police arrested client for possession of a concealed firearm while he was in the back of a friend's vehicle. The gun was unloaded and no ammunition was located in client's possession or in the vehicle. Despite this fact, the prosecutor filed felony unlawful use of weapon charges against client. After a preliminary hearing, Kevin Whiteley argued that the State failed to meet their burden of proof showing a felony crime was committed. The court agreed, dismissed the case, and released client from custody.

State of Missouri v. Client – May 6, 2013

Case Dismissed. Client was charged with misdemeanor driving while intoxicated after being stopped at a sobriety checkpoint in Franklin County, Missouri, and failing a breathalyzer examination. Kevin Whiteley filed a motion to suppress the results of the stop, including the breathalyzer results, by arguing that the police acted in an unconstitutional manner. After a hearing and submittal of a lengthy memorandum on the legal issues by Kevin Whiteley, the State dismissed the case.

State of Missouri v. Client - February 8, 2013

Case Dismissed. Client was charged with the felony offense of criminal non-support. Kevin Whiteley reviewed the facts of the case and informed the prosecutor that the charge was filed outside of the time permitted by the statute of limitations. After several attempts by the State to obtain evidence that the charge was timely filed and for failing to obtain the presence of their witness at a scheduled trial after she forgave all past due child support, the case was dismissed for lack of prosecution.

State of Missouri v. Client – October 25, 2012

Charge Dismissed. Kevin Whiteley's client was charged in St. Louis County with the class C felony of Assault on Law Enforcement officer and the class D felony of Resisting Arrest. The prosecutor alleged that the client refused to stop for a traffic violation, and in the process of fleeing, the client attempted to strike the officer with his car. After a review of the case, it was discovered that the assault did not even occur within the county. Kevin Whiteley discussed this fact with the prosecutor, who immediately dismissed the charge. On the remaining felony charge, Kevin Whiteley negotiated a six month jail sentence.

Client v. St. Louis County Police Department - August 23, 2012

Victory. Client applied for a permit to carry a concealed weapon and the police department denied the application. After arguing that there were no disqualifying criminal convictions, the County conceded the issue and the court ordered the police department to issue the permit. Read the full story here.

City of Kirkwood v. Client – July 24, 2012

Charge Amended. During a prostitution sting operation in St. Louis County, client was arrested and charged with the municipal offense of patronizing prostitution. Although the prosecutor offered probation, client needed to avoid the stigma of a plea to a prostitution-related charge in order to maintain his standing in the community. Despite overwhelming evidence, Kevin Whiteley was able to negotiate the charge to peace disturbance with a fine.

State of Missouri v. Client – May 3, 2012

Probation Terminated. After serving nearly four years on supervised probation for possession of a firearm while intoxicated, Client sought to have his probation terminated early. Over opposition by prosecutors and the Board of Probation and Parole, Kevin Whiteley successfully argued that, given Client's unique employment, the probation was overly burdensome and was actually hindering reintegration into society.

State of Missouri v. Client – March 21, 2011

Charge Reduced. After running away from a police officer who was trying to arrest client for failing to appear in court on a probation violation, client was charged with felony resisting arrest. Kevin Whiteley informed the prosecutor that the statute does not permit a felony charge based on the failure to appear for a probation violation. In response, the prosecutor reduced the charged to a misdemeanor and recommended a short jail sentence.

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Address: 222 South Central Avenue, Suite 804, Clayton, Missouri 63105 Phone: (888) 910-8827