PMCW Law

Do you understand how Missouri criminal trials work and the roles that each of the participants play? The professional Missouri attorneys advocate for and defend their clients' positions. The judge oversees the proceedings and acts as the ultimate authority on the law. The jury members objectively evaluate the facts presented by the attorneys and decide the final verdict (guilty or not guilty) based upon the evidence provided. The attorneys and judges are individuals with years of schooling and experience. The jury members, however, can be any citizens who live in the county in which the crime was committed. Jury members are selected completely at random, usually from a list of licensed drivers, personal property tax list or voting registrants.  Given the random selection process, most (but not all) American citizens will be asked to serve on a jury at some point in their lives. Serving on a jury in an American courtroom is not only a civic duty - it's also an honor and a ...

Do you know what a 'default judgment' is? These unique legal judgments can either make or break your case, depending on which side of the ruling you are. Your allies at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. are here to help increase your understanding of default judgments and how to use them to your advantage. Judgments By Default To put it simply, a default judgment exactly what the term implies: a judgment in favor of one party over another by default. When one party fails to take some form of required action, such as failing to appear before a court of law or failing to respond to a court order, the other party may request the Court to grant a default judgment. When one party fails to comply with certain mandatory legal proceedings, the court may automatically rule in favor of the compliant party. Though not physically present, the defaulting party will be obligated to comply with the Court's judgment. Setting Aside Default Ju...

Being a parent is one of the most rewarding experiences in life, but it also comes with a lot of responsibilities. Even if the parents were unmarried at the time of the baby's birth, both parents still have legal responsibilities for the child's health and well-being. In some situations, a paternity test is required to establish the identity of the father. How do you know when a paternity test is necessary, though? What types of paternity tests are available? In this blog post, the lawyers at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. are here to clear up some of these questions surrounding paternity testing. When Do You Need a Paternity Test? Paternity tests are special forms of DNA testing used to prove who the child's father is. These tests are typically used in two main situations: To prove who the child's father is if the mother is unmarried. To dispute the husband's status as the father if the mother is married. ...

This question ways heavily on the minds of people in the process of planning their estates. As experienced probated administration attorneys , those of us here at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. are here to help. In this blog post, we will help clarify some of the questions you may have surrounding the taxation and expenses your heirs will be subject to. Estate/Inheritance Tax Let's start off with the good news! There are two types of taxation total estates can be subject to: estate tax and inheritance tax. Estate tax is levied against the total value of the estate and is paid before the estate is transferred to the heirs. Inheritance tax is applied to the assets actually given to the heirs and is paid by the heirs once the inheritance is in their possession. The good news is that estate tax is only levied on estates whose total value exceeds $5 million , and that the state of Missouri does not currently have an inheritance or estate ...

Bundle up! It's time for one of the most popular winter events at the Lake of the Ozarks. If you're looking for something fun to do this weekend, all of us at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. would like to invite you to Eagle Days. Eagle Days at the Lake of the Ozarks On Saturday and Sunday, January 3rd and 4th, 2015 , Eagle Days will return for its 15th year! The first program attracted 651 participants, and it has only continued to grow since then. Last year, a record-breaking 3,700 people took part in the activities. This year promises to be bigger and better than ever. You and your family will get to watch live eagle demonstrations by the birds at the World Bird Sanctuary. Naturalists will be standing by at Osage National Golf Resort to answer any questions that the visitors may have. This event is educational and fun, but the best part is that the event is completely free (except for the boat cruise, which has a small c...