Know Your Rights!!!

A thorough description of your civil rights
and how applying them is beneficial.

Resources Page

Click to our resources page to view
more helpful documentation.

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This web site is not intended to be a source of legal advice, nor should it be the basis of a legal hiring decision. The reader should not consider this information to be an invitation for an attorney-client relationship, should not rely on the information provided herein, and should always seek the advice of competent counsel.

The firm does not imply or guarantee that it can obtain the same results as reported in cases on this web site in other cases. The Wyse Law Firm, P.C. is licensed to practice only in Missouri. The Wyse Law Firm, P.C. does not wish to represent anyone desiring representation based upon viewing this web site in a state where the web site fails to comply with all laws and ethical rules of that state.

Stephen is a native of Richmond, Missouri. At Richmond High school Stephen played football, basketball, tennis and was the high school Chess champion. Stephen served in the United States Army as a Military Police Sergeant, and his duties included patrol, attached to CID on a drug suppression team, a customs investigator/inspecter in Italy, and a machine gun squad leader in a strategic MP unit.

Stephen Wyse has...

Worked as a Democratic political consultant, having worked for Carnahan for Governor in 1992, Ted House for Senate in 1994, Ken Jacob for State Senate in 1996, and helped elect two Democratic Members of Congress.


Been a Legislative Assistant in the Missouri Senate.


Also worked for the Missouri Department of Economic Development.


Served as an Assistant Public Defender in Nevada, Missouri.



Also served as a Special Municipal Prosecutor.

Education

1981-1984 Richmond High School
1984-1988 U.S. Army Military Police School, Criminal Investigator's Course, U.S. Customs Course.
1988-1992 University of Missouri at Columbia. B.A. in History.
1993 Law Enforcement Training Institute at the University of Missouri- Basic Police Officer Certification.
1995-1998 University of Missouri at Columbia School of Law. J.D.

Publications

Missouri Bar Subcommitte on DNA Exonerations


Newspaper Articles


KNOW YOUR RIGHTS!

Memberships to Professional Associations

Member, National Association of Criminal Defense Lawyers (NACDL)


Member, Missouri Association of Trial Attorneys (MATA)


Member, Missouri Bar Association
• Past Chairman, Missouri Bar Subcommitte on DNA Exonerations

-Automobile/Injury Accidents-


-Medical Negligence-


-Wrongful Death Cases-


-Products Liability Resulting in Injury-


-Sexual Harassment-


-Racial and Employment Discrimination-

Motor Vehicle Accidents

Statistically, Americans are more likely to be injured in an automobile accident than any other type of accident. After a serious accident the most frequently asked questions include:

1. Who will pay my medical bills?
2. Who will pay my lost wages?
3. What if I need medical treatment in the future?
4. What if the person who hit me does not have insurance?

Medical Negligence

When individuals in the health care industry such as doctors' and nurses' actions fall below the applicable standard of care for their specialty, they have may have committed medical malpractice. Representation of ...

Statistically, Americans are more likely to be injured in an automobile accident than any other type of accident. After a serious accident the most frequently asked questions include:

1. Who will pay my medical bills?
2. Who will pay my lost wages?
3. What if I need medical treatment in the future?
4. What if the person who hit me does not have insurance?

The answer to these questions often must be answered by a review and analysis of several different insurance policies such as your auto insurance policy, the insurance policy of the driver at fault, your health insurance policy, your homeowner's insurance policy and any disability policy you may have. Because we only represent injured people we have significant experience in handling these complex issues.

It is important that you remember that insurance companies DO NOT work for your interests. It is their job to pay you as little as possible to settle your claim. In fact a large nationally known insurance company has been disciplined for misleading injured by claming that the insurance company was looking out for injured persons' interests. An insurance company may also discourage you from hiring an attorney.

It is important that that you have experienced aggressive representation to protect your legal rights. If you have questions feel free to contact us regarding your claim.

When individuals in the health care industry such as doctors' and nurses' actions fall below the applicable standard of care for their specialty, they have may have committed medical malpractice. Representation of clients injured by the malpractice of a health care provider is complicated and expensive to pursue. It requires a law firm who not only has an understanding of the law, but of the complex medical issues involved as well as the applicable standard care which the provider may have violated. The Wyse Law Firm, P.C. will handle your medical malpractice cases. We know where to find the experts needed and understand the complicated medical issues associated with the prosecution of these cases. If you feel that you may have been the victim of medical malpractice, please contact us.

Publications

Know Your Rights!

TEN THINGS EVERY CITIZEN SHOULD KNOW ABOUT CRIMINAL JUSTICE:

1. The RIGHT To REMAIN SILENT is the only one that matters; A 17 year old girl who admits to foreplay/sexual contact with her 16 year old boyfriend may spend a year in ...

Missouri Bar Subcommittee on DNA

This Sub-Committee was established for the purpose of reviewing DNA exonerations and analyzing the recommendations contained within the Missouri Senate Bill (SB) 1252, The Integrity of Justice Act, to determine if the reforms advocated by this legislation were adopted would they improve the operation of the criminal justice system...

Newspaper Articles

2007
September 7, 2007: MU P.D. Breathalyzer(The Maneater)
November 14, 2007: As I See It: Inattention to Injustice Puts Politics Over People(NACDL/KC Star)
November 9, 2007: Police Lawsuit Settles(Columbia Tribune)

Areas of Practice

Publications

WYSE LAW FIRM, P.C., (573) 449-7755

TEN THINGS EVERY CITIZEN SHOULD KNOW ABOUT CRIMINAL JUSTICE:

1. The RIGHT To REMAIN SILENT is the only one that matters; A 17 year old girl who admits to foreplay/sexual contact with her 16 year old boyfriend may spend a year in jail, pay a $1,000 fine, and be registered as a sex offender for the rest of her life. RSMo. 566.068 -- (IGNORANCE of the LAW is NO EXCUSE.) When questioned by the Government /Police you need an advocate to protect your rights and guide you through complex legal terrain before talking to a government agent/police officer. Innocent statements (verbal or written) when filtered through an accusing mind often become remembered as incriminating admissions. I’D never make any statement, verbal or written, without the assistance of counsel.

2. The RIGHT to an ATTORNEY to ASSIST the ACCUSED; You must request an attorney to assist them before the right to remain silent truly matters. Even lawyers request another lawyer to assist them when police believe they are associated with a criminal activity.

3. INNOCENTS are IMPRISONED for CRIMES they DIDN'T COMMIT; DNA evidence, which is only a factor in a very small number of cases, has exonerated scores of wrongly imprisoned people and even some sentenced to death. see also (1996 Dept. of Justice Study: Convicted by Juries, Exonerated by Science)

4. EYEWITNESS EVIDENCE is easily CORRUPTED; Studies of DNA exonerations have shown that about TWO-THIRDS of those wrongly convicted were mistakenly chosen as the criminal by one or more eyewitness. In 1999 the U.S. Dept. of Justice established guidelines to preserve the reliability of eyewitness identifications and prevent witness contamination and as of 2001, only New Jersey has adopted the guidelines. (See also Illinois Commission on Capital Punishment)

5. POLICE and LAB REPORTS CONTAIN ERROR; Some of those wrongly convicted were convicted by Lab Technicians like Fred Zain whom doctored reports to get convictions. A police report ranges from 35 to 85 percent accurate in the reporting of the actual events and is prepared by an investigating Officer in support of the decision to arrest.

6. You DON’T have to GIVE CONSENT TO SEARCH YOUR PROPERTY; You will be held responsible for anything left or placed in your car or home should it be discovered by law enforcement. (NO WARRANT = NO SEARCH) Many blame the refusal on their lawyer saying things like: "My lawyer told me never to consent to search and an AMERICAN has the right to have his property respected absent a search warrant from a Judge. Many believe they should politely assert their rights or lose them and possibly their freedom.

7. NEVER LIE TO THE POLICE: If you observe rules number 1 & 2 this will not be a problem. Even a harmless lie to save embarrassment will reflect on you through out all future dealings with law enforcement and could result in criminal prosecution. (I'd like to have a lawyer assist me before I decide whether to talk with you.)

8. POLICE PROMISES ARE NOT BINDING: Law enforcement officers are permitted to lie and any promises made by the police are not binding on them in any subsequent prosecution. Telling a citizen they're looking for A when they are really investigating B is a common police technique to induce trust and cooperation in a suspect. Police Promises of lenient sentences for cooperation are not binding and are regularly ignored by prosecutors. If a deal is to be made only a prosecutor can negotiate on behalf of the state and a lawyer will recognize trapdoors in the deal.

9. An ACCUSATION CARRIES THE PRESUMPTION OF GUILT; Most accusations are justified, but some are motivated by hatred, revenge, mistake, or to misdirect responsibility to someone else. Law enforcement plays the percentages and will arrest when they think the initial complaint is probably what happened. It takes diligence upon the part of the accused and his lawyer to investigate, educate, and persuade. The legal presumption of innocence only works when life is breathed into it by an able lawyer.

10. You don't have to submit to DWI Field Sobriety Tests; (Refusal to take Breath, Blood, Saliva or Urine test results in a 1 year suspension of license, unless reversed) Field sobriety tests (one leg balance, walk and turn, eyes following finger/light, alphabet, counting, etc.) are very subjective and are rarely performed in accordance with federal standards. You may tell the Officer that you'd like to have your lawyer present before answering any questions or taking any tests and then try and make contact with a lawyer. If asked to take a blood, breath, saliva or urine test and you are unable after a reasonable period of time (20 Minutes) to contact an attorney, you will have to make a decision whether to take this type of test or it will be considered a refusal.

This list is only Personal Observations and it is Not legal advice and does not create an attorney-client relationship with the author

RESPONSES THAT MAY PROTECT YOUR SAFETY & RIGHTS IN A TRAFFIC STOP

1. BE POLITE; The officer is performing a duty and courteous behavior reflects well upon you at the time and in any future court proceedings. Yes/no Sir/Ma'am or Officer is an appropriate address in any response you give.

2. PROVIDE YOUR LICENSE, INSURANCE, AND CAR REGISTRATION

3. BE SAFE: Traffic stops are related to a substantial percentage of Police Officer injuries and fatalities. 1. Turn vehicle off 2. Roll the driver's window down 3. Remain in the car unless instructed otherwise. When the officer exits the patrol vehicle, the driver should place their hands on the steering wheel with the license and insurance card in hand. If the officer exits the vehicle before you have your license, then place your hands on the steering wheel and wait until the officer asks for them and inform the officer where you have to reach to obtain the documents before obtaining them. Passenger(s) should remain in the vehicle facing forward with their hands on their knees unless directed by the officer to take a different action.

4. IN RESPONSE TO OFFICER QUESTIONS, YOU MAY INVOKE YOUR RIGHT TO A LAWYER TO ASSIST YOU AND YOU MAY OTHERWISE REMAIN SILENT: The officer will likely ask you "Do you know why I pulled you over?" Your response may be "A lawyer told me never to answer any question(s)." If you add humor, such as "My lawyer told me he'd throw darts at me if I answer any questions" or "My lawyer told me I have to pay him ten dollars every time I answer a question without his assistance." it will lessen the tension of the situation. Any response you make will be used as evidence against you for any subsequent charge. "Yes, Officer I knew I was speeding, made an illegal lane change, and failed to signal." will be recorded and could result in additional tickets being issued or confirm to the officer he did see an illegal act.

5. You don't have to GIVE CONSENT TO SEARCH YOUR CAR: You may tell the officer "A lawyer told me never to consent to search of my property." You will be held responsible for anything left or placed in your car. If the officer starts to search your car you may tell the officer, in a calm and clear voice, that he doesn't have permission, but don't interfere or obstruct the officer or you could be charged.

6. You don't have to Submit to DWI FIELD SOBRIETY Tests: (If arrested Refusal to take Breath, Blood, Saliva or Urine test results in a 1 year suspension of license, unless reversed) Field sobriety tests (one leg balance, walk and turn, eyes following finger, alphabet, counting, hand-held breathalyzer used at traffic stop etc.) are very subjective and are rarely performed in accordance with federal standards. You may tell the Officer that you'd like to have your lawyer present before answering any questions or taking any tests and then try and make contact with your lawyer. If requested to take a blood, breath, saliva or urine test and you are unable after a reasonable period of time (20 MINUTES) to contact your attorney, you will have to make a decision whether to take these types of chemical test(s) or it will be a refusal.

7. Reflections of an ex-cop: Traffic enforcement is usually clear cut with the offense usually being observed and the violation clearly understood by the driver with obvious safety implications related to the offense. Personally traffic stops resulted in a warning about 5% of the time. The percentage of warnings increased to 20% if the driver was polite and further increased to about 40% if the driver said something humorous as well.

This list is only personal observations and it is not legal advice and does not create an attorney-client relationship with the author.

Newspaper Articles by, mentioning, or featuring Stephen Wyse of the Wyse Law Firm, P.C.

2007
September 7, 2007: MU P.D. Breathalyzer(The Maneater)
November 14, 2007: As I See It: Inattention to Injustice Puts Politics Over People(NACDL/KC Star)
November 9, 2007: Police Lawsuit Settles(Columbia Tribune)

2006
July 19, 2006: Couple sues Columbia Police Department (Columbia Tribune)
June 20, 2006: Michael Williams Sentencing (Columbia Tribune)
April 18, 2006: Julian Jackman Sentencing (Columbia Tribune)
April 11, 2006: Walter Harris Sentencing (Columbia Tribune)

2005
December 5, 2005: Michael Williams plea (Columbia Tribune)
November 8, 2005: DNA Investigative procedures At Issue (Columbia Tribune)
June 5, 2005: Moberly, police officers, Taser sued over stun gun use (Columbia Tribune)
June 4, 2005: Local attorney has personal experience in police lineup (Columbia Tribune)
May 1, 2005: Let justice prevail: DNA exonerations support passage of reforms (Columbia Tribune)

2004
12-08-2004:  Due Process at Issue Before the Missouri Supreme Court (Columbia Tribune)
12-03-2004:  Presentation addresses marijuana law confusion (The Maneater)
06-14-2004:  Blacks Twice as Likely to Be Searched (Columbia Missourian)
05-06-2004:  20/20 hindsight: When witnesses fail (Columbia Missourian)
05-03-2004:  Few drug cases made by search warrants (Columbia Missourian)
01-03-2004:  Parking squabble becomes federal case (Columbia Tribune)
01-02-2004:  Civil-rights lawsuit stems from $2 ticket (Columbia Missourian)

2003
11-02-2003:  Innocence should be protected (Columbia Tribune)
10-30-2003:  Reform needed in Mo. death penalty system (Columbia Missourian)
05-02-2003:  Death row 180 spurs precedent change (The Maneater)
02-14-2004:  Amrine case under fire (The Maneater)
01-21-2003:  Criminal justice system reforms sorely needed (Columbia Tribune)
01-19-2003:  State justice system needs improvements (Columbia Missourian)

2002
09-16-2002:  Columbia lawyer pushes for law enforcement reforms (The Maneater)
04-16-2002:  Nixon must take a stand on criminal justice reform (Columbia Tribune)
04-15-2002:  Witness reform needs leadership (Columbia Missourian)