Melissa Cates, Attorney at Law
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A full-service practice responding to the needs of the community |
| 3002 S Jefferson St (By Appt. Only) St Louis, MO 63118 Ph: (314) 881-1489 Fax: (314) 334-0946 |
| Welcome to CatesLaw Online. |
| This practice is proud to offer legal representation that is: - Aggressive - Quality - Affordable - Client-Centered Below you will find some brief articles on current legal topics. Please scroll through my web site to view a biography, list of practice areas, legal resources and links, and the contact information for the CatesLaw practice. |
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evidence to support a conviction.
The Court pointed out to the lack of footprints leading away from the vehicle and the fact that no
one was found around the vehicle. It was parked in the middle of a country road and not
reasonable to assume that the "driver" had parked it and left on foot.
The best way to avoid a DWI is to not drive drunk. However, make sure that you are not being left
alone in the car inebriated as well, since "operating" a vehicle can be proven by circumstantial
evidence.
By: Melissa Cates, Esq. Posted 03/30/09
Unbundled Services
Not everything an attorney does takes place in a courtroom. Sometimes people and businesses
resort to self-help with small legal problems and simply have a few questions for an attorney or a
document that needs to be reviewed. In those instances, it is possible to get limited scope
representation. In this scenario an attorney acts in a reduced role to assist the person or
business with their limited needs. The fee is generally based on the time spent reviewing the
documentation or providing advice.
By: Melissa Cates, Esq. Posted 1/2/09
Courtroom Etiquette
Almost everyone, at some point in their lives, will find themselves in a courtroom. It could be for a
divorce, a bankruptcy, a criminal case, or for a simple traffic ticket. This can be an intimidating
experience. Although preparing your case is extremely important, it is also important that clients
not ignore or underestimate the importance of courtroom etiquette. Here are a few simple tips:
- Dress Code: Always dress appropriately in court. For a non-hearing
appearance, business casual is perfectly acceptable. If you are
present for a hearing or trial, you should be dressed in your Sunday’s
best.
- Communicating with your Attorney: If you are present for a hearing,
you should have already prepared in full with your lawyer. This is not
the time to disclose last-minute information or provide commentary
on other witnesses’ testimony. Communication and preparation
must work together in any case.
- Addressing the Court: You might notice that your attorney will preface their address to the
judge as “May it please the court”. This is a formality used to show respect to the judicial
process in America. If you find yourself addressing a judge, always use “Sir” or “Ma’am” to
show the same respect that attorneys should emit. If you have to address other attorneys, they
should ideally be referred to as “Counsel” as opposed to “Mr” or “Ms” so and so.
Although legal proceedings are sometimes full of high tensions and emotion, keep the above tips
in mind. Displaying a calm and respectful demeanor during tense litigation will make you stand
out and give you the upper edge.
By: Melissa Cates, Esq. Posterd 10/17/2008
MO Court of Appeals tackles Accomplice Liability
The Missouri Court of Appeals recently issued an opinion on Accomplice liability in the context of
drug distribution. Accomplice liability holds a person that helps or assists liable for the same
crime as the original actor. In State vs. Hoosier (MLW No.58114/Case No. 28606), the defendant
was convicted on an accomplice theory for drug distribution. The facts show that the Defendant
sat quietly in the backseat of a car during a drug transaction. The dealer and undercover police
officer were sitting in the front.
The mere presence at the scene of the crime has long held to be insufficient. Instead, the
Defendant must be acting to encourage, aid or abet in the commission of the offense. State v.
Richardson, 923 S.W.2d 301, 317 (Mo. banc 1996). However, the Missouri Court of Appeals held in
Hoosier that the Defendant's presence constituted a silent threat since the officer construed him to
be a bodyguard or enforcer in the transaction. The Court held that this constituted more than just
mere presence at the scene of the crime.
You can read the complete case through this link: Missouri Court of Appeals: State v. Hoosier.
By: Melissa Cates, Esq. Posted 10/29
Death Penalty Trial Costs
The September 28th edition of the St Louis Post-Dispatch featured a front page article on the
"excesses" of defense costs for death penalty cases in Illinois. The Illinois Capital Litigation Trust
Fund was set up after the NorthWestern University Law School began investigating wrongfully
convicted death row inmates as part of The Innocence Project.
As a result of the NorthWestern University's efforts, many were found to have been wrongfully
convicted. The project focused on older cases where DNA evidence was not available at the time
of trial. The Post-Dispatch has used the case of Jason Smith as an illustration "excessive funds"
available to death penalty Defendants. As an example, the attorney on the case was paid more
than $200,000. An investigation firm was paid $199,000. These funds are paid by the taxpayers in
most cases.
Although there are valid points to the Post-Dispatch article, such as capping fees expert witnesses
charge, I feel that it misses the idea behind providing funds to a death penalty Defendant, and to
Defendants in general.
Most states provide some type of trial funding for indigent Defendants. The reasoning is simple: if
the Defendant were wealthy, he would be sparing no expense to get the best defense possible.
Why should an indigent Defendant suffer due to their monetary circumstances? This is
particularly evident in a case where a person's life is at stake. After all, everyone is innocent until
proven guilty.
By: Melissa Cates, Esq. Posted 09/29
The Court pointed out to the lack of footprints leading away from the vehicle and the fact that no
one was found around the vehicle. It was parked in the middle of a country road and not
reasonable to assume that the "driver" had parked it and left on foot.
The best way to avoid a DWI is to not drive drunk. However, make sure that you are not being left
alone in the car inebriated as well, since "operating" a vehicle can be proven by circumstantial
evidence.
By: Melissa Cates, Esq. Posted 03/30/09
Unbundled Services
Not everything an attorney does takes place in a courtroom. Sometimes people and businesses
resort to self-help with small legal problems and simply have a few questions for an attorney or a
document that needs to be reviewed. In those instances, it is possible to get limited scope
representation. In this scenario an attorney acts in a reduced role to assist the person or
business with their limited needs. The fee is generally based on the time spent reviewing the
documentation or providing advice.
By: Melissa Cates, Esq. Posted 1/2/09
Courtroom Etiquette
Almost everyone, at some point in their lives, will find themselves in a courtroom. It could be for a
divorce, a bankruptcy, a criminal case, or for a simple traffic ticket. This can be an intimidating
experience. Although preparing your case is extremely important, it is also important that clients
not ignore or underestimate the importance of courtroom etiquette. Here are a few simple tips:
- Dress Code: Always dress appropriately in court. For a non-hearing
appearance, business casual is perfectly acceptable. If you are
present for a hearing or trial, you should be dressed in your Sunday’s
best.
- Communicating with your Attorney: If you are present for a hearing,
you should have already prepared in full with your lawyer. This is not
the time to disclose last-minute information or provide commentary
on other witnesses’ testimony. Communication and preparation
must work together in any case.
- Addressing the Court: You might notice that your attorney will preface their address to the
judge as “May it please the court”. This is a formality used to show respect to the judicial
process in America. If you find yourself addressing a judge, always use “Sir” or “Ma’am” to
show the same respect that attorneys should emit. If you have to address other attorneys, they
should ideally be referred to as “Counsel” as opposed to “Mr” or “Ms” so and so.
Although legal proceedings are sometimes full of high tensions and emotion, keep the above tips
in mind. Displaying a calm and respectful demeanor during tense litigation will make you stand
out and give you the upper edge.
By: Melissa Cates, Esq. Posterd 10/17/2008
MO Court of Appeals tackles Accomplice Liability
The Missouri Court of Appeals recently issued an opinion on Accomplice liability in the context of
drug distribution. Accomplice liability holds a person that helps or assists liable for the same
crime as the original actor. In State vs. Hoosier (MLW No.58114/Case No. 28606), the defendant
was convicted on an accomplice theory for drug distribution. The facts show that the Defendant
sat quietly in the backseat of a car during a drug transaction. The dealer and undercover police
officer were sitting in the front.
The mere presence at the scene of the crime has long held to be insufficient. Instead, the
Defendant must be acting to encourage, aid or abet in the commission of the offense. State v.
Richardson, 923 S.W.2d 301, 317 (Mo. banc 1996). However, the Missouri Court of Appeals held in
Hoosier that the Defendant's presence constituted a silent threat since the officer construed him to
be a bodyguard or enforcer in the transaction. The Court held that this constituted more than just
mere presence at the scene of the crime.
You can read the complete case through this link: Missouri Court of Appeals: State v. Hoosier.
By: Melissa Cates, Esq. Posted 10/29
Death Penalty Trial Costs
The September 28th edition of the St Louis Post-Dispatch featured a front page article on the
"excesses" of defense costs for death penalty cases in Illinois. The Illinois Capital Litigation Trust
Fund was set up after the NorthWestern University Law School began investigating wrongfully
convicted death row inmates as part of The Innocence Project.
As a result of the NorthWestern University's efforts, many were found to have been wrongfully
convicted. The project focused on older cases where DNA evidence was not available at the time
of trial. The Post-Dispatch has used the case of Jason Smith as an illustration "excessive funds"
available to death penalty Defendants. As an example, the attorney on the case was paid more
than $200,000. An investigation firm was paid $199,000. These funds are paid by the taxpayers in
most cases.
Although there are valid points to the Post-Dispatch article, such as capping fees expert witnesses
charge, I feel that it misses the idea behind providing funds to a death penalty Defendant, and to
Defendants in general.
Most states provide some type of trial funding for indigent Defendants. The reasoning is simple: if
the Defendant were wealthy, he would be sparing no expense to get the best defense possible.
Why should an indigent Defendant suffer due to their monetary circumstances? This is
particularly evident in a case where a person's life is at stake. After all, everyone is innocent until
proven guilty.
By: Melissa Cates, Esq. Posted 09/29
This website is informational only and does not constitute legal advise nor
does it form an attorney-client relationship. Additionally, the choice of an
attorney is an important one and should not be based solely upon an
advertisement.
does it form an attorney-client relationship. Additionally, the choice of an
attorney is an important one and should not be based solely upon an
advertisement.
Suddenly consumers are getting calls and collection notices on this old
debt. Before you act (or don't!), remember these points:
- The statute of limitations in Missouri for credit card debt is 5 years. If you
haven't made a payment in 5 years and suddenly receive a collections
notice, sending in a payment will RESTART your statute of limitations!
- Don't miss Court! If you are served with notice of a suit on an old credit
card and fail to show, a default judgment may be entered! Once a default
judgment is entered, the companies can proceed with post-judgment
remedies such as garnishing your wages.
debt. Before you act (or don't!), remember these points:
- The statute of limitations in Missouri for credit card debt is 5 years. If you
haven't made a payment in 5 years and suddenly receive a collections
notice, sending in a payment will RESTART your statute of limitations!
- Don't miss Court! If you are served with notice of a suit on an old credit
card and fail to show, a default judgment may be entered! Once a default
judgment is entered, the companies can proceed with post-judgment
remedies such as garnishing your wages.
By: Melissa Cates, Esq Posted 08/31/09
DWI and "Operating" a Vehicle
You do not have to be actually driving your vehicle intoxicated to be convicted of a DWI. Traditionally
"control" of the vehicle was the center of the legal analysis. Basically, if you
were in the car and the keys were in your possession or in the ignition, there would be enough to
sustain an arrest for operating a vehicle while intoxicated.
A recent Missouri Court of Appeals decision has expanded that concept of "control". In Harper v.
Director, the defendant was found passed out on the passenger side of a parked vehicle. Despite
no evidence of actually driving the vehicle, the Court found that there was enough circumstantial
DWI and "Operating" a Vehicle
You do not have to be actually driving your vehicle intoxicated to be convicted of a DWI. Traditionally
"control" of the vehicle was the center of the legal analysis. Basically, if you
were in the car and the keys were in your possession or in the ignition, there would be enough to
sustain an arrest for operating a vehicle while intoxicated.
A recent Missouri Court of Appeals decision has expanded that concept of "control". In Harper v.
Director, the defendant was found passed out on the passenger side of a parked vehicle. Despite
no evidence of actually driving the vehicle, the Court found that there was enough circumstantial
Zombie Debt
The credit crunch has been effecting the entire world, including the credit card and collection
companies. As a result, there has been an insurgence in "Zombie Debt". This is debt that has
been "charged-off" by credit card companies and creditors, sometimes years before.
The credit crunch has been effecting the entire world, including the credit card and collection
companies. As a result, there has been an insurgence in "Zombie Debt". This is debt that has
been "charged-off" by credit card companies and creditors, sometimes years before.