Case Results
  • Victory Client v. Sheriff of Sarpy County, Nebraska
    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.
  • Case Dismissed St. Louis County v. Client
    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.
  • Victory Client v. St. Louis County Police Department

    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.

  • Second Amendment Victory Client v. Federal Bureau of Investigation
    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.
  • Charges Dimissed State of Missouri v. Client

    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.

  • Case Dismissed State of Missouri v. Client
    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.
  • Probation Continued State of Missouri v. Client

    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.

  • Charge Reduced State of Missouri v. Client
    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.
  • Case Dismissed State of Missouri v. Client
    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.
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