RSMo S 586.040 allows the state of Missouri to criminalize non-payment of a child support order.
Essentially, this means the state of Missouri can arrest you and lock you up for not paying a bill.
This law is particularly frightening for the following reasons…
1-Most jurisdictions employ a special group of prosecutors
whose ONLY job
it is to prosecute men (and some women) for this crime.
2-A man may still be prosecuted for this offense even if he believes that he is NOT the father
of the child(ren).
3-A man may still be prosecuted for this offense if the mother of the child(ren) refuses any and all attempts on the father’s part to see his kid(s).
4-A person can be re-charged with this offense
even if this same person has already served time in jail and/or prison for this offense. This is possible because the law allows a prosecuting attorney to recharge someone with a felony for every $5,000 they believe that person is behind in their support payments or for not paying 6 out of 12 months in a calendar year.
5-Bond for this offense often may be quite high.
Some jurisdictions will set the bond amount at the amount they believe is owed. In other words, if the state believes a person owes
$17,000 in back child support, his/her bond may be $17,000 cash only.
This offense can be charged up as a misdemeanor
or a felony
depending in large part how much the state believes a person owes toward this debt.
If you are believed to have committed the offense of criminal non-support, you may face severe consequences for this alleged crime. You can be arrested from your job or home and locked up in jail with a very high bond. Frequently, the state of Missouri will suspend your driver’s license and put liens on lawsuit settlements or tax refunds. If convicted of this offense, you face becoming a convicted felon and being labelled a “deadbeat Dad”. Many men are looking at jail time and too often, prison.
If you are confronted with the charge of criminal non-support, it is essential that you contact an experienced criminal defense lawyer who is familiar with such cases. My law firm has successfully represented clients facing criminal non-support charges for 18 years. We have the knowledge and the know-how to combat over-zealous prosecutions.
Some possible positive outcomes in a criminal non-support case:
- Dramatic reduction of the bond.
In many instances, my law firm can get your bond reduced to a reconnaissance bond or a no-money down bond.
- Reinstatement of your driver’s license.
- Dismissal of your case
- Probation with a reasonable payback plan and no felony conviction
If you or a loved one is facing prosecution of a criminal no-support, it is critical that you speak to an experienced criminal defense attorney. At our law firm, we have over 18 years of experience in handling criminal non-support case in the greater St. Louis area. Our attorneys will fight to get you the best possible outcome in your case.
Call us today at (314) 862-7277
or (314) 602-0826
for a free phone consultation. We will get through this together.