Can I get an order of protection dismissed on the grounds of fraud in Missouri without the petitioner being contacted?

  

Can I get an order of protection dismissed on the grounds of fraud in Missouri without the petitioner being contacted?
I found out my ex was still married to her first husband in Canada. When I confronted her and told her she would need to return to Canada and get this resolved, she reported me for domestic violence. While in a women’s shelter she got an order of protection. She later e-mailed me when I said she was lying she said”Of course she was” and “If I ever came after her and our son she would kill him and herself.”

I have 3 different charges now for breaking the order of protection. If she should not have received the order by definition as she was never abused nor received any threats from me. Is there a way to get rid of the order so the charges must be dropped?

Justin’s Answer
If you already have the permanent order against you it will be difficult. It would be easier if you haven’t had the hearing yet. It would be even easier with a lawyer to help you present your case. You can also report her threats to the police.

What will happen if I plead not guilty to a municipal violation?

   

vehicle citation vehicle missouri violation municipal violations

Question

Hello,I was given a derelict vehicle citation. The property is a rental and the vehicle had plates that are less than one year expired. They say they sent me a warning prior to the citation but that was never received and while I doubt it matters I have a recorded conversation with the police offer who admits that it was sent to the wrong address. It was sent a child hood home in the same community but that me nor any of my family owns now.

Additionally, I’m unsure if according to Missouri law if I should have received the citation or my tenant? Lastly, I know it probably doesn’t matter but the brother of the Alderman of this municipality has a junkyard masquerading as a mechanic shop that has many vehicles with tags that are many years expired all around the surrounding house in the neighborhood.

For all of these reasons I refuse to plead guilty to a municipal violation charge for a derelict vehicle. If the car is moved or the plates updated by court what will happen if I plead not guilty to the violation? What could happen if the car is not? I apologize if I gave to much information but I’ve attempted to give everything pertinent.

Thank you very much in advance!

Criminal Defense Lawyer, R. Christopher Simons Answer
It depends on the municipality. Generally what you’ve described is just a fix-it ticket and the judge will dismiss the case if you’ve fixed the problem, but not in every city. If you just plead not-guilty, it will go to trial. You will lose the trial because nothing you just described is a defense in your case. The only possibility is if the warning is required before you can be convicted. However, I cannot explain to you how to use this evidence in a trial. Your best bet is to ask an attorney in that municipality.

 

What does it mean when I look someone up on Missouri CaseNet and it says Initialization error once you click on the case number?

  

What does it mean when I look someone up on Missouri CaseNet and it says Initialization error once you click on the case number?
I am trying to view a particular person’s case on Missouri Case Net. It used to be on there but now when I click on the case number this comes up: gov.mo.courts.smc.security.utils.SharedKeyEncryptDecrypt (Initialization Error).
Does this mean that the person has gotten the case info taken off so the public cannot view it?

Justin’s Answer
This is more of a technology question than a legal question. You will have to contact CaseNet help. If the case was dismissed, nothing would come up. This sounds more like a glitch.

Can I possibly sue the internal affairs?

   

traffic harassment internal affairs unfair treatment

Question
In 2011 there was a dirty police officer who was being investigated by the internal affairs & I was one of the guys that the Police Officer was harassing all of them time for reason I even moved out of town to get away from the trouble of being hurt by this officer. The internal affairs put a “wanted for questioning” for me to help them build a case against the officer but I didn’t know anything about it I was off to college living my best life. 7 years later in 2018 I was pulled over by the same police municipality of the corrupt officer & the wanted was still in their system but the officer has already been fired and that case was OVER in 2011 they just forgot to take out “wanted” and it was only in their system because I was also pulled over by STL County for traffic but he gave me a warning and let me leave but the City police officer said I had a “wanted for internal affairs” from 2011. The officer said it was probably outdated so he called it in but no one answered. That led him to searching my car and arresting me after finding some illegal things nothing but weed and a firearm. When I got to the station they released after finding out the “wanted” was outdated

Criminal Defense Lawyer, R. Christopher Simons Answer
No, you can’t sue internal affairs, but an attorney might be able to get your case dismissed for illegal search. That question will be difficult to answer in just a comment: you will have to speak with an attorney and give them more information. DO NOT GIVE MORE INFORMATION HERE AS IT COULD JEOPARDIZE YOUR CASE.

Case-net doesn’t really go into detail.I have case #s.How do I get more info? And where would I go to find someone’s alias?

  

Case-net doesn’t really go into detail.I have case #s.How do I get more info? And where would I go to find someone’s alias?
This person has 4 adult abuse w stalking charges, 3 child protective orders, couple felonies for property theft and list goes on. 32 addresses between 4 states for last 15 years. Says she was in 3 house fires. Odd. I smell fraud. And I think shes lying about having cancer. If you know of anyway I could further investigate her please please let me know. Ty

Justin’s Answer
You hire someone to perform a background check. An attorney can’t use casenet to look up private information about someone else for you, nor tell you how to do the same.

How long does it take to get labs back on possession of methamphetamine?

  

How long does it take to get labs back on possession of methamphetamine?
I was arrested May 2018 for possession of methamphetamine and drug paraphernalia. I have been to court every month since June and they still have not presented the lab results. My next court date is January 11, 2019 and there is still no sign of lab results. How long does this process typically take?

Justin’s Answer
It depends on the lab used and the information being processed. You might have a claim for a speedy trial violation: you should ask your attorney about this issue.

My wife placed an ex-parte against me and our initial hearing is tomorrow. If neither of us goes to court, what will happen?

  

My wife placed an ex-parte against me and our initial hearing is tomorrow. If neither of us goes to court, what will happen?
Her father and I had a physical altercation but no charges were filed. She had went to the sheriff’s department and filed for an order of protection in an attempt to keep me away from our home.

Justin’s Answer
If she does not go, the case will usually be dismissed, but may also be continued to another date. If you do not go, you could lose by default. You cannot ask her not to go.

I can i get my dicovery of my alleged crime?

  

I can i get my dicovery of my alleged crime?
i got into a car with some guys i just might, low and behold the car was stolen but i did not know that. im innocent

Justin’s Answer
Yes, you are entitled to discovery. Your attorney will know how to do this for you. Do not post any more information about your case.