- INTRODUCTION
- VOTING
- JURY DUTY
- DRIVING
- DRINKING LAWS
- CRIMINAL CHARGES
- EMPLOYMENT
- APARTMENT LEASES
- MARRIAGE
- CONTRACTS
- CREDIT
- CONSUMER PROTECTION
- MILITARY SERVICE
- FURTHER INFORMATION
326 Monroe St.
P.O. Box 119
Jefferson City, MO 65102
573/635-4128
Copyright 1996 The Missouri Bar
INTRODUCTION
This publication has been specially prepared as an introduction of your rights and responsibilities as an adult citizen of the United States. We have attempted to answer basic questions in several areas that will affect your every day life. It can be alarming the day you turn 18 and realize that from now on you are solely responsible for all of your actions. Stepping Out was designed to alleviate some of your concerns by giving you direction and a place to start if you have particular problems.Some of the rights that you have after age 18 are:
- to vote
- to make a will
- to sue in your own name
- to make contracts
- to obtain medical treatment without parental consent
- to live on your own and be independent of parental control.
- at age 17 you will be tried as an adult for any criminal charges filed against you
- your parents are not required to support you
- you are liable for any accidents you cause
- you may be sued by others for any contracts you make
- all males are required to register for military service
- at age 21, you are eligible for jury duty.
The rights explained in this booklet are your legal rights. They are important for you to know and remember. The purpose of this publication is to introduce you to many of these areas which may be new to you. However, we were only able to give you a beginning guideline, and every area has exceptions and special circumstances, which we were not able to list. For further information on particular problems, we suggest that you consult with an attorney. We have also provided a list of government agencies at the end of this pamphlet which may be helpful in certain situations.
It is our sincere hope that this booklet will be helpful to you as a guide in your understanding of your rights and responsibilities as an adult.
VOTING
Who is qualified to vote? Every citizen of the United States 18 years of age or older who is a resident of the State and has been registered to vote for 20 days prior to the election is qualified to vote, and may vote in the precinct in which he or she resides. Persons who are imprisoned or on probation or parole are not qualified to vote.Who may register to vote? Any person who is qualified to vote on or before the day of election may register to vote. Once registered, an individual is not required to register again unless his or her registration has been canceled. Where do I register to vote? Each person qualified to register may do so at the office of the local election authority or at any location established for voter registration. A valid Missouri driver's license or some other form of personal identification must be shown at the time of registration.
How do I register to vote? If qualified, you may register in person at the office of your local election authority or by mail. Registration in person is accomplished by filling out registration forms with information on identity, residence and qualification which are signed and sworn to, then witnessed by the election authority or designee. Registration by mail is accomplished by submission of an application stating qualification after which receipt of registration will be sent by mail to the applicant.
Where do I vote? Your local election authority establishes voting locations (polling places). Polling places are usually located in tax supported buildings (such as schools) within the precinct in which you live. Certain non-partisan elections may be conducted by mail-in ballots.
What if I am or will be out of town on election day? Any registered voter who will be out of town on election day may apply to his or her election authority for an absentee ballot. The request for an absentee ballot may be in person or by mail, but must be in writing in any case.
JURY DUTY
At what age am I eligible to be called to serve on a jury? Not until you are 21 years of age.When I reach 21 years of age, if I am called to serve on a jury, do I have to go? Yes, unless you are excused for some special reason. This is one of the responsibilities of being an adult.
What are the other qualifications for serving on a jury? To serve as a juror you must:
- have been convicted of a felony; or
- are unable to read, write, speak, and understand English; or
- if you are on active duty with the military; or
- if you are a lawyer or judge.
Do all people who are on the jury panel actually serve on a jury? No. More people are chosen than will be needed because some people are automatically excused and others might be excused by the judge or the attorneys.
Who will a judge excuse from jury service? You can be excused from serving in a jury if:
- you are a practicing doctor, osteopath, chiropractor, dentist, or clergyman; or
- you have served upon a jury within one year before being called again; or
- the judge decides that absence from your employment would adversely affect the public health, safety, and welfare; or
- the judge decides that for whatever reason, your service would be an extreme hardship on you.
To be excused because you fit into one of the above categories, you have to ask the judge; this excuse is not automatic.
A person is disqualified to serve as a juror in a particular case if he or she:
- is a witness in the case; or
- has formed an opinion concerning the case; or
- is a close relation either by blood or marriage to a party in the case.
How are people chosen from the jury panel? The judge and the lawyers ask the persons on the jury panel questions. Based on the answers, the lawyers can ask the judge to excuse someone if there is a special reason such as bias, prejudice, or financial interest in the case. Each lawyer is then allowed to eliminate a certain number of people for any or no reason. This is called a pre-emptory challenge.
Do people on the jury lose their salary? That depends on the employer. Employers are required to give employees time off for jury service but are not required to continue wage payments.
Are jurors paid by the county? Yes. The amount of pay varies depending on which county you live in and ranges from $6.00 to $20.00 per day for actual jury service. Additionally, you should inquire as to whether you qualify for mileage reimbursement.
DRIVING
Is driving a right or a privilege? It is a privilege that the state regulates.Are all drivers required to have car insurance? Yes. In Missouri, all drivers are required to maintain a liability policy, and you must carry proof of insurance with you at all times while driving. If you are stopped by an officer of the law and cannot show him or her proof of insurance, your license will be suspended for sixty days for the first offense, for one year for the second offense, and for two years for any subsequent offenses.
What happens if someone is stopped for driving while intoxicated? By exercising the driving privilege, it is implied that you consent to taking a blood or alcohol test to determine your blood alcohol content. If you refuse to take the test, your license will be revoked for one year. If you take the test and register .10 percent or higher, your license will be suspended for thirty days.
What are the penalties for driving while intoxicated? For the first offense, you can be fined up to $500 and confined in the county jail for up to six months. For the second offense, you can be fined up to $1,000 and confined in the county jail for up to one year. The third or subsequent offense is a felony and you can be fined up to $5,000 and confined in the county jail for up to one year or imprisoned in the state penitentiary for up to five years. In all cases you may be eligible for probation for a period of time.
Regardless of your past driving record, if you are driving while intoxicated and involved in an automobile accident where another person is either injured or killed you could be charged with a felony and sen-tenced to imprisonment for up to seven years.
What is "abuse and lose?" Under the Abuse and Lose law, your driver's license will be revoked for 90 days if you are under 21 years old and are operating a motor vehicle with either alcohol or illegal drugs in your possession. This is a tough law because it can affect you even if you are not drinking or taking drugs. The Abuse and Lose law also requires that your license be revoked for 90 days if you commit any of the following offenses:
- any alcohol related traffic offense; or
- possessing or using an illegal drug; or
- altering a driver's license; or
- trying to use someone else's driver's license.
Second and subsequent offenses result in one year suspension.
NOTE: Driving while your license is suspended or revoked carries a minimum mandatory forty-eight hour jail sentence unless you live in a community which has a program allowing you to com-plete forty hours of community service work instead of serving forty-eight hours in jail.
What is a hardship license and how does one get one? If your license has been suspended, you may ask the court to issue you an occupational license to meet an essential need such as work. The license will be good for limited hours, and for limited areas or routes, and will extend for a period of original suspension.
Is it illegal to have an open container of alcohol in a motor vehicle? It is an infraction for the operator of a motor vehicle to consume alcoholic beverages.
What happens if I get a speeding ticket? Upon a conviction to a speeding violation, the Department of Revenue assesses 2 or 3 points against your driver's record, depending on where you received the ticket. If the Department of Revenue assesses 8 points against your driver's record within eighteen months, your license will be suspended for 30 days. If 12 points are assessed, your license will be revoked for 1 year.
DRINKING LAWS
May the state change the drinking age? Yes. Buying beer, wine, or liquor is considered a privilege rather than a right, so a state may change the drinking age.What is the legal drinking age? In Missouri, no person under the age of 21 may legally purchase beer, wine, or liquor. Further-more, it is an offense to be in possession of it under most circumstances.
May a person under the state drinking age buy beer, wine, or liquor with parental consent? A person under the drinking age may not buy beer, wine, or liquor even if accompanied by a parent, legal guardian, or spouse who is over the drinking age. Any place that sells beer, wine, or liquor has a duty to ask for identification for proof of age for all persons who appear to be and might be under age. All places have the right to refuse to sell beer, wine, or liquor to any person who cannot show true proof of age, even if that person is 21 years or older.
What is the penalty for possessing, buying, or attempting to buy liquor? If you are at least 17 years of age but less than 21 years of age, you can be fined up to $1,000 or sentenced to jail for up to one year or both fined and sentenced.
CRIMINAL CHARGES
At what age can someone be arrested for a criminal offense? When you turn 17 years of age, you are treated as an adult by the criminal justice system and can be arrested, jailed, and prosecuted for committing a crime. Also, under certain circumstances, a juvenile may be prosecuted as an adult.What happens when someone is arrested? If you are arrested for anything other than a minor traffic offense, you will be searched, handcuffed, and taken to the police station. If the police want to question you about the offense, they must first advise you of your rights by giving you a "Miranda" warning. In other words, you do not have to answer any questions, you have the right to have an attorney present during questioning, and if you cannot afford an attorney, one will be appointed to represent you. If the police do not question you, they are not required to advise you of these rights.
What basic things should a person remember if arrested? You have an absolute right to refuse to discuss the case with anyone and do not have to answer questions without consulting an attorney. If you choose not to answer questions or make a statement, and then the police continue to question you, tell them that you want to consult with an attorney. They must then stop questioning you immediately. A police officer has no authority to promise you anything in exchange for your statement, and if you make a written or oral statement it can be used against you at trial. If at first you decide to cooperate with the police, you can change your mind at any time and refuse further cooperation.
How soon after arrest must a person appear before a judge? You must be brought before a judge "as soon as practicable" after being arrested. In many cases, this will be done within 24 hours after your arrest. But if you live in an area of the state where criminal court is not held every day, you could be required to wait for as long as a week. The judge will tell you what you are charged with and inform you of certain rights. If your bond has not yet been set, the judge will also set bond.
What does it mean to be released on bond? You will be released from jail if you are able to "post bond." In most cases you can post bond by hiring a bondsman or depositing the cash amount of the bond with the court. In some cases you can post bond by putting up property with the court or you may be eligible to be released on your promise to appear in court. When you post bond, you also promise to appear in court. If you do not appear as promised, the amount of your bond will be forfeited and a warrant can be issued for your arrest.
What if a person cannot afford to hire an attorney? The first time you appear in front of a judge, you should tell the judge that you cannot afford to hire an attorney but that you wish to have an attorney represent you. If you are charged with a crime for which you could be sentenced to serve time in jail or prison, a lawyer will be appointed to represent you if it is determined that you truly do not have the means to pay an attorney.
EMPLOYMENT
What is the minimum wage law? A federal statute which requires employers to pay workers a minimum hourly wage for most types of employment.Must an employer give employees a written contract? No. Most employment contracts are verbal.
For what reasons can an employee be fired? Generally, an employer can fire someone at any time for no reason. However, under certain circumstances an employer may only fire an employee for good cause according to the employer's established rules and regulations.
What is employment at will? Employment at will is a legal principle which states that an employee does not have a right to work for a particular employer and an employer does not have the right to make an employee remain in its employment.
What is unemployment insurance? Unemployment insurance provides for the mandatory saving of money to compensate workers who are unemployed due to no fault of their own. In all states, there are certain requirements that an individual must meet in order to be eligible for benefits.
Who pays for unemployment insurance? The employer is required to pay for the insurance by paying what is known as a contribution.
Is an employer required to inform its employees of possible entitlement to unemployment insurance benefits? Yes, but it is the employee's responsibility to file the claim and to satisfy the eligibility requirements.
What is workers' compensation? A state statute which compensates a covered worker against injuries stemming from a work-related accident. Workers' compensation is not health insurance.
What do I do if I have been injured on the job? Notify your employer and fill out an accident form that your employer should have. Your employer, through his/her workers' compensation insurance company must pay your medical bills for any injuries you receive.
Must the injured worker prove that the employer was at fault? No.
Must the injured worker fear losing his or her job if he or she files a workers' compensation claim? No, it is a violation of law to fire or reprimand an injured worker for filing a workers' compensation claim.
What should I do if I feel I have been discriminated against? An employer may not fire or discriminate against someone based on race, sex, color, religion, national origin, disability, or age. However, age discrimination claims may be brought only by those persons between the ages of 40 and 70. You may file a complaint of discrimination with the Missouri Commis-sion on Human Rights or the United States Equal Employment Opportuni-ty Commission.
APARTMENT LEASES
Must a lease be written to be enforceable? No, unless the lease is for longer than one year.What are the advantages of having a written lease? A written lease will serve as a clear and concise reminder of your rights and obligations. It can also serve as protection against dishonesty and poor memories.
What are the disadvantages of a written lease? A printed lease form may contain terms more favorable to the landlord than those which would otherwise be applicable.
What is a security deposit, how much is a normal deposit, and what is it used for? A security deposit is an amount of money normally collected by a landlord which is held as security against property damages, unclean conditions, and unpaid rent. The amount may vary; it is often equal to one month's rent, but it cannot exceed two months rent. The landlord may retain all or any portion of the deposit to cover any damages or charges for which you are liable under the lease or to cover normal wear and tear. The landlord may also retain all or any portion of the deposit if you break the lease agreement. However, within 30 days of termination of the tenancy, the landlord must furnish a written list of damages for which the security deposit or a portion may be withheld. Failure to comply with this provision could allow the tenant to collect up to twice the amount wrongfully withheld.
How can I terminate a lease which I signed for one year? You must give written notice to the landlord not less than 60 days before the end of the lease period. The landlord must give you the same notice. In order to remain on the premises after the agreed time of possession has terminat-ed, either the lease should contain a clause to that effect or a new lease should be entered into.
What about a lease for less than one year? This is called a tenancy at will and it can continue until either party gives written notice one month in advance of terminating the lease.
When is notice of termination not necessary? It is not necessary for either party to give notice to quit the premises when there is an agreement which specifies a certain time or when, by special agreement, notice is dis-pensed with.
What if I do not leave after I have said I intend to do so? If you fail to deliver the premises to the rightful possessor on the required date, you will be liable for double the rent which is owed for the period you remain in possession.
What if I fail to pay my rent? The person to whom the rent is owing, or his or her agent may evict you. Additionally, they may initiate attachment proceed-ings on any portion of your personal property which would not be exempt from execution.
Is there any other reason for which I may be evicted? The presence of any illegal activities conducted on the premises which you have leased automatically renders the lease void. The lessor's remedy would be double recovery of the rent owed for the remainder of the lease.
What can I do if a landlord refuses to make repairs to the premises? The landlord's general duty is to make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom rent is normally paid; (2) the tenant is not delinquent in the payment of rent; (3) the condition materially affects the physical health or safety of an ordinary tenant; and (4) the condition is not caused by the tenant or a member of the tenant's family or a guest of the tenant. If the cost of repair is minor in relation to the rent, it may be your responsibility to fix the problem. When conditions are so bad as to make the premises "uninhabitable," you should consult an attorney about possible remedies.
Under what circumstances can a landlord enter my premises? A landlord may enter your premises at reasonable times to inspect, make repairs, or show the premises to prospective tenants. The landlord may enter in unusual situations to preserve or protect the premises.
MARRIAGE
When can a person marry without a parent's consent? At age 18, you can marry without a parent's consent.What is the youngest age at which a person can marry with a parent's consent? The youngest age at which a person may marry with a parent's consent is 15.
How does one get a marriage license? You must apply in person to the county recorder of deeds at least 3 days before a license can be used. The license shall be void after 30 days from the date of issuance. The Application must be signed in the presence of the recorder of deeds or his or her deputy. However, a license may be issued on order of a circuit or associate circuit judge (for good cause shown) without waiting 3 days.
Who can solemnize a marriage? Any clergyman, active or retired, who is in good standing with any church or synagogue in this state, or any judge of a court of record, other than a municipal judge.
Are blood tests required in Missouri? No.
Does common law marriage exist in Missouri? No. The presumption that a couple is married because they have been living together as man and wife for a period of time is repealed.
What is an annulment? An annulment is a declaration of invalidity of a marriage which renders the marriage completely void. Grounds for an annulment include duress of a party, insanity of a party, bigamy, and fraud.
How do you get a divorce? One of the parties files a petition in the circuit court in the county where the petitioner resides. The petitioner must have been a resident of Missouri 90 days before filing. After filing there is a mandatory 30-day waiting period.
What are the grounds for divorce? Missouri is basically a no-fault state in granting divorces. However, the court must find that there remains no reasonable likelihood that the marriage can be preserved and, therefore, the marriage is irretrievably broken.
What does a court decide in a divorce? If the parties are unable to reach an agreement, the court must decide on child custody, the support of any child of the marriage who is entitled to support, the maintenance of either spouse, the disposition of property, and the payment of attorney's fees and court costs. The court makes orders on these issues as well as dissolving the marriage and restoring a wife's maiden name, if requested.
What happens if parents don't pay child support? Parents who don't pay child support can have their wages garnished, their bank accounts garnished, or other real or personal property levied upon and sold to pay the child support they owe. A wage assignment can be obtained that will automati-cally deduct the amount from a parent's paycheck. A parent can also be held in contempt of court.
What can parents do if they are being denied visitation with their child as ordered by the court? A parent can bring a contempt action against the custodial parent. Sanctions can be entered against the custodial parent if that parent has denied the visitation without good cause, including a change of custody to the other parent or an abatement or reduction in child support, if the parent was current in his or her child support obligation. Visitation cannot be denied solely on the grounds that the parent has not paid child support. Nor can a parent stop paying child support because he or she has been denied visitation.
If a man denies he's the father of a child can he be required to pay child support? Yes. A paternity suit can be started to ascertain, by complex blood testing, if he is the father of the child. The parties have a right to trial by jury. Custody and child support of the child is ordered by the court.
How is custody determined by the court? The court determines custody in accordance with the best interest of the child. The court considers the following factors:
- the wishes of the child's parents as to his or her custody
- the wishes of the child as to his or her custodian
- the interaction and the interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interest
- the child's adjustment to his or her home, school, and community
- the mental and physical health of all individuals involved, including any history of abuse of any individuals involved
- the needs of the child for a continuing relationship with both parents and the ability and willingness of the parents to actively perform their functions as mother and father for the needs of the child
- the intention of a parent to change his or her residence outside the state
- which parent is more likely to allow the child frequent and meaningful contact with the other parent.
Who pays attorney's fees? The court, after considering the financial resources of the parties, may order a party to pay a reasonable amount for attorney's fees and costs.
What is joint-legal custody and joint-physical custody? Joint-legal custody means that the parents share the decision-making rights and responsibili-ties and authorities relating to the health, education, and welfare of the child and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of the decision-making rights, responsibilities, and authority. Joint-physical custody means an order awarding each of the parents significant periods of time during which a child resides with or is under the care and supervision of each of the parents. Joint-physical custody shall be shared by the parents in such a way to ensure the child of frequent and meaningful contact with both parents.
What kind of protection can an abused spouse get? Any adult who has been subject to abuse by a spouse or other present or former adult member of his or her household may apply to the court for a temporary order requiring the other person to leave the home, grant custody of children, and pay child support and maintenance for the expenses of the abused spouse. A hearing is held within 15 days and, upon a finding that the allegations of abuse have been proven, the court can continue its order for 180 days. Clerks in the office of Circuit Clerk shall explain to persons not represented by counsel the procedure for filing the forms necessary to present their petitions.
Stepping Out - Part 2