They won’t let me get a lawyer

   

They won’t let me get a lawyer

The govmt keeps harassing me and won’t let me get a lawyer or charge me with anything they are using voice to skull technology to force me to do things and I want to sue but won’t tell me agency or identify themselves when I ask plz help.

Richard’s Answer

You are certainly able to hire an attorney. You sound like you have a tough case and will be hard to find a good attorney. Get your head looked at by a doctor so you can present evidence to a lawyer to show you have a case.

Can a municipal court in missouri still charge you with the same offense if county prosectors denied charging?

   

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QUESTION

 I was accused of invasion of privacy in a municipal district and when turned over to county prosecutors office they refused to pursue charges and sent it back down to municipal court?

 

Criminal Defense Lawyer, R. Christopher Simons Answer

Yes they can, if both courts are of jurisdiction, one may make the charges within the statute of limitations.

Are public defenders reliable when fighting a criminal case? What are the pros and cons to then?

   

Are public defenders reliable when fighting a federal case? What are the pros and cons to then?

I am currently fighting a felony case with 9 counts and was appointed a public defender because at the time I couldn’t afford a private lawyer. It is a serious offense and seems like it could carry alot of time if convicted. Is it best to try and get my own defense lawyer or can a public defender get the same results?
This is my first offense

Kansas City Traffic Lawyer Richard Simons Answer

Public defenders get a bad rap. Many of them are fantastic and in court or trial more than private attorneys. That being said it will depend on their experience and case load. Low experience high case load means little time for your case.

 

How much trouble? And I am for assault on my wife

   

How much trouble? And I am for assault on my wife

Can my wife got into an argument got out of hand she put her hands on me other hand my hands on her how much jail time am I going to have to do or can I do something to get out of it

Richard’s Answer

Depends on if it is a municipal or state charge and what the level of the charge is. All assault charges can carry jail time.

How much jail time for assault?

   

aggravated assault assault harm

Question

Me and my wife had gotten into it I got out of control I put my hands on her choke her how much jail time am I going to get if she does press charges ?

Criminal Defense Lawyer, R. Christopher Simons Answer

Depends on if it is municipal or a state charge and what level of charge. Also depends on the judge. All assault charges have the risk of jail time.

Restraining order

   

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Question

This is concerning a long and drawn out family dispute. However, recently things have escalated and I am in a difficult situation. Basically, I’m accused of domestic abuse by my mother and have a restraining order next week. I never laid a hand on the woman. She waited until I walked into her house and started screaming for neighbors. I left and a couple hours later she had scratch marks on her neck and police were at my house. It may sound somewhat far fetched but, you don’t know my mother. I just would like to know how to be prepared for this hearing. I have a great deal of support from friends and family members who know her. I was thinking just go in on a positive note with character references instead of bringing up the reason this all started. Which was, my mother stole an automobile from my sisters partner. When the owner pursued legal action my mother swore she would see my twin sister and I in jail. I’m assuming it would be best if we go into that if they proceed with charges against me. What is your opinion?

United States  |  Missouri  |  65672  |  Criminal Law

12/18/15, 1:02 pm

Criminal Defense Lawyer, R. Christopher Simons answer

My first suggestion is to hire a lawyer. That being said, your question surrounds you going to a hearing for what I am guessing is a restraining order. My suggestion is to not contest the restraining order and basically say, “these accusations are false and my mother has issues.” The hearing you are going into surrounds specifically her not wanting to see you. If that is the case and there are possible future charges against you, then you do not want to be around her and it would be best if you avoid contact in any form.

How to get video surveillance from a police department camera?

   

How to get video surveillance from a police department camera?

An incident happened outside of the police department and a bank where someone accuse me of a crime I know there should be video surveillance from the police department that picked up the whole incident can I ask the police to preserve it or do I have to go through an attorney or is all police surveillance public domain

Richard’s Answer

Hire an attorney and get them to file a motion to preserve the evidence. This is a serious crime that could effect your life forever. Treat it that way.

My wife feigned assault when she came into our home with family to take stuff…should I be worried?

   

domestic violence Remove term: domestic abuse domestic abuse

Question

Do I have full custody of my son?

   

Do I have full custody of my son?
We have never been married, I kicked him out because he won’t keep and carry a job he has two pending felonies because he had marijuana and a firearm and later a felony charge of impersonating a police officer, he is also on probation for assault and battery…I let him keep our son lastnight because I had to be at work 4 am this morning in which I got off at noon and he is refusing to give me our son

Justin’s Answer
I cannot answer the question with certainty with the information you’ve given, but if you feel he has taken your son, you need to call the police.

Felony Probation For Child Support

   

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My ex boyfriend is on felony probation for child support his court date keeps getting postponed this will be the 3rd time he is supposed to be in court because probation is being revoked why do they not issue a warrant for his arrest.same ex boyfriend ran off with my 17 year old daughter and grandbabies which I found out that my ex boyfriend is the father of both girls what can I do to get this to move on this warrant so DNA test can be done because my daughter was 15 the first time she got pregnant and 16 the second time I’ve stated that I want to press charges against him for that

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What can my husband do after neighbor lied and charged him with harassment?

   

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Question

Police  were called yesterday. Neighbor alleged that he’s been harassing her, she stated that  yesterday he was staring at her son in small pool outside. He wasn’t. She’s lying. Police took her side, called her victim. She’s been harassing us, yelling at us, banging on walls. He got summons for court.

Criminal Defense Lawyer, R. Christopher Simons Answer
If your husband has been charged with a crime, then he needs an attorney. I agree with Mr. Rafter that “she’s lying” is not going to be a good defense. However, an experienced attorney will know how to investigate the case to find the holes in your neighbor’s statements.

How is it a Prosecutor plays a role in whether or not a bond is issued on a felony probation capias warrant?

   

Bond Reduction Criminal Lawyer

My fiancee was arrested on a possession posted a bond. A felony probation capias warrant came out a day later. His PO said he would not object to the judge lifting the warrant pending the outcome of the case. To just have our lawyer contact the judge. So Im wondering what role it is the prosecutor is playing in objecting to the lift of the capias. I understand his role in the initial charge which caused the violation which as a result the capias was issued but not understanding his role in the capias. Shouldn’t that be between Probation and Parole, the Judge and our Attorney?

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Will I have open warrants after I go to court and plead guilty?

   

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Question 

I have several warrants and would like to get them clear. One is a misdemeanor for exceeding the speed limit. How can I get this taken care of?

  Criminal Defense Lawyer, R. Christopher Simons Answer

Your options for lifting the warrants are as follows:
1. Find a bondsman and pay the bond.
2. Show up at court to pay the bond and hope they don’t arrest you first.
3. Surrender to police and let them arrest you.
4. Contact the court to see if they have an “amnesty” day where defendants can get their warrants lifted.
5. Hire an attorney and let them ask the judge to recall the warrants.

Can a statement be used if person was under the influence illegal drugs

   

Can a statement be used if person was under the influence illegal drugs

A felony crime was committed the person wasn’t there but because they claimed ownership of parafanellia the law is twisting words saying that person admitted to crime.

Kansas City Drug Defense Attorney Justin Hunt’s Answer:

There are several circumstances where a suspect’s statements can be used against them: voluntary intoxication typically does not prevent your statements from being used against you.

If you are charged with a felony, then you need to find an experienced attorney to represent you. They can look at the case and see if your statements to police can be excluded or if there is another way to fight the case.

WWhat is the statute of limitations on a physical assault by a family member in the same household

   

WWhat is the statute of limitations on a physical assault by a family member in the same household
My brother-in-law attacked me in my home and pulled out a kitchen knife and threatened to kill me. He is out of the house now and moving out of state as of this coming Sunday and on his way to Wichita he will never be coming back.

What is the statute of limitations on a physical assault

Justin’s Answer
It depends on how the crime is charged: Three years for a felony, 1 year for a misdemeanor. But that time doesn’t run if the defendant is fleeing from prosecution. If you suspect that he is trying to flee the jurisdiction, you can contact the police.

What is a show cause hearing for restraining order?

   

What is a show cause hearing for restraining order?
Long story short–a family member got a restraining order on me because I didn’t show up to the hearing. Anyhow, my mother had gotten into an argument with said family member-and they argued back any forth. An unrelated matter that had nothing to do with me.

The family member told numerous people it was my mother who did it but then ran to the police and said it was “probably her” and said I violated my restraining order.

Now I have a show cause hearing. They’ve told me to find care for my children because the judge could decide that day to put me in jail. Over text messages that weren’t even me? So.. Can they throw me in jail without a lawyer or fighting it? Or what is a show cause hearing? Will they let me get a lawyer or assign one to me if I am facing jail time? What should I bring?

Justin’s Answer
The judge is ordering you to “show cause” while you should not be held in contempt for violating the order. This is a serious accusation: you need to contact an experienced domestic violence attorney to help you prepare for this hearing.

Can a court grant a PO/CPO to the petitioner if the petitioner is incarcerated?

   

Can a court grant a PO/CPO to the petitioner if the petitioner is incarcerated?
My husband filed a PO/CPO against me in retaliation for a PO that I filed against him. On the day I filed, I was granted a temporary emergency PO as well as temporary custody of our 3 yr old son. The day we appeared in court for my PO case against him, his Attorney’s request that the case be heard with our divorce case was granted; our divorce case is yet to be scheduled. I am due to appear in court on 08/03/18 for the PO/CPO he has filed against me. However, my Husband was picked up by police on July 21 for 2 counts of 1st degree assault against me which also led to a probation violation . I do not expect him to be out of jail by our court date on 08/03/18. Is it safe to assume that this will be thrown out since he is incarcerated? His bond is currently $50,000 cash, no 10% and no surety.

Justin’s Answer
Do not assume that it will be thrown out. At a minimum, show up on the court date. Preferably, find an attorney to represent you at that hearing. You having an order against him does NOT prevent him from filing one against you.