If I was not in my right mind when I wrote a statement can I retract it?
Domestic violence with husband.
Justin’s Answer
You can attempt to do so. However, the prosecutor does not have to accept your retraction. It’s quite common for alleged victim’s of domestic violence to change their mind and claim they were not in their right mind or otherwise mistaken.
What does it mean if you had a case on case net for someone putting / having a restraining order against you then it’s gone
I’m not understanding how did the case leave is that meaning it got dropped or is they trying to give me a stronger case
Justin’s Answer
It could be that the case was dropped, it could be that the restraining order was granted and the case closed. Do not assume that you don’t have a restraining order. Contact a local attorney to research your case.
Can my ex’s parents press charges for an argument me and my ex had on instagram?
So I was dating this girl for about a week in a half and then I found out she kept lying to me and I messaged her on Instagram saying why did u lie to me, and then I said I’m just going to move and and then just blocked her. The only thing I did say mostly was that she’s a liar and that I’m moving on, now the issue is her brother messaged me on Instagram and said why are u harassing my sister even though I only called her a liar now he’s getting his parents to press charges on me for “harassment”, I then proceed to block him also cause I didn’t want any drama, and now my ex’s sister messaged me on Snapchat saying I better say sorry to their sister or they are going on with the charges and she is 21 and I am 18.
Justin’s Answer
I agree with Mr. Hardin. However, I will add that, if something DOES come from this, you should contact an attorney before speaking with police.
I received notice today from my ex-wife’s attorney. He is calling her motion for warrant and commitment for a hearing in October
What does this mean?
Justin’s Answer
It sounds like in October you’re going to have a hearing that decides whether or not you disobeyed a court order and are going to jail, but I could be wrong. You need to speak with an attorney about the specific facts of your case.
Why does a prosecutor keep post poning my sons case since march?
He got 2 felony D charges stole two cars on school grounds and wrecked it and was drunk he is 19.
Justin’s Answer
There are plenty of reasons the prosecutor could be continuing the case; anything we tell would just be speculation. Ask your son’s attorney.
Can a dui ever fall off of your record if you have not completed the requirements of your sentence ?
I was convicted of a 1st offense dui in az feb. 09 i have not met any of the requirements but about 3 year’s.ago a judge dropped my jail time and classes and said to pay fines and all good. Now im in a different state and want to know if i have to pay it off or after a certain # years will it go away?
Justin’s Answer
Crimes do not “fall off your record.” If you have a conviction, it will be on your record for life unless you get a pardon or expungement. If you are asking if your license is still suspended, then yes, Missouri will suspend your license until you complete the steps required for reinstatement. Your new state will most likely honor MO’s suspension, but you will have to ask an attorney licensed in that state.
My hardship permit is about to expire and I have 3 weeks of SATOP left from my dui. Can it be extended?
I got a DUI, lost my license for 1 month, and currently on a 2 months restricted driving permit (expires in a few days). When i recently did my SATOP assessment, they gave me a 5 week program and my restricted license expires way before I can complete my classes. Is there any way to get an extension?
Justin’s Answer
You do not qualify for a hardship license if you are eligible to reinstate but have not completed the requirements (SATOP). I am not familiar with any exceptions, but you are free to go to your local DMV and ask.
How long do they have to issue after PAW
1st degree assault on law enforcement officer was PAW. How long do they have to issue?
Justin’s Answer
I am not sure I understand the question: Are you asking how long a warrant remains active?
Should I file a restraining order or will it just cause more issues?
I was seeing this guy for almost a year (since last October) well recently I found out he had another girlfriend so one of my old friends decided it would be an excellent idea to create a facebook account under a different name ( to protect myself since he is violent) and tell the other girl that the guy shes been with is also seeing me. Well she did that and it completely backfired. The other girl figured out it was fake and the guy figured out it was me that created it and is livid. He has been destroying my property ( over $3,000 in car damages) and got into my house and tore it apart as revenge for telling his other girlfriend hes also been seeing me. I want to file an ex parte because he threatens to hurt me. He has been violent before but I never made a report. He will call me and tell me hes going to kill me if I don’t drop the other cases against him ( the trespassing and when he damaged my vehicle) and now they have resorted to telling me if I try to get an ex parte order then they will charge me with harassment for making the other profile on facebook that wasn’t mine. ( I didn’t create it a friend did but she already said she will deny it) so I am at loss at what to do.
Justin’s Answer
Get the restraining order. Also call the police and tell them that your ex is trying to intimidate you into dropping charges. Tampering With A Witness is a serious criminal offense.
I am still serving in the military as an officer, been in for 13 years with no negative records. I got caught shoplifting from the PX in the amount of $250 for multiple items. I was arrested and brought to the Security Forces station for fingerprint and DNA. I admitted that I took the stuffs from the PX in the sworn statement. Will it go to my background check? What will happen to me? I do not want to get kicked out of the AF. Will it effect me from getting a government job or state job, should I get kicked out? Thanks for listening and your suggestions.
Justin’s Answer
I don’t know why you listed this as Juvenile Law, but it should be under Military Law. You should also contact a military defense attorney: this is a specialized area of law.
I am charged with trespassing in the 1st degree at a casino ?
Was at the casino when I signed my right to b there 12 years ago
Justin’s Answer
Great information from Mr. Anderson. I will add that, if you’re talking about the casinos in the Kansas City area, keeping trespassing off your record is relatively easy for a local attorney to do. I would let an attorney contact the casino for you as you do not wish to be seen as Tampering With a Witness.
Can I get the form to apply for a FAST AND SPEEDY TRIAL Motion ?
My boyfriend is in jail. He’s a felon had loaded gun. Drunk walking down side of hwy
Justin’s Answer
Do not file this motion: that will get you in trouble for unauthorized practice of law. He should have a public defender appointed. He should go over speedy-trial options with his attorney; not his girlfriend.
Am I a sex offender?
When I was a minor under 18 I masturbated a lot. I was always dressed but there were times when I would do it with my sister in the same room and she is younger than me. She never noticed really except for once but she didbt know that’s what I was doing. She never payed attention to what I was doing. I didn’t know it was wrong at the time to do it with others in the room. I’m worried that since I did it with another person in the room I’m a sex offender..
Does that make me a offender?
Justin’s Answer
Probably not. Most of the sex crimes require you to exposure yourself for gratification or to startle others; if you were just an ignorant kid you are most likely safe. If police ever ask you about it, tell them you want to talk to an attorney, then let the attorney sort it out.
Can can I move out early?
It is the end of August my lease is up at the end of December. I have a 1 year old daughter and I am pregnant. My upstairs neighbors or so loud and inconsiderate I’m fed up. I have call the non-emergency line three or four times, complain to the office at least 5 times, and my fiance has gone upstairs and tried to reason with the upstairs neighbors. We know that they have an 11 or 12 year old son and two or three year old son. Therefore, we have tried to be understanding. However, my daughter gets hooking up in the morning and at night and during the day while she naps. I also get woken up in the morning several times a week because the two-year-old screams Non-Stop. They’re always stomping at all times of the night and we have slider mirror closet doors that get shook violently all the time in both rooms. At this point I feel there’s nothing else we can do but just move out. Is there some way that this can be resolved?
Justin’s Answer
Mr. Freeman’s answer is excellent. I will add that nothing prevents you from asking the landlord to terminate the lease early.
Will it be possible for my 14 year old will release on house arrest?
Son 14 went with a friend 15 who had a broke gun to St. Louis and robbed a person they both live in Illinois.However the gun was broke and wasn’t nothing taken. Son understands he should’ve went and now he is also charged for 1st degree. Should he have something less like attempt are Accessory sine he didn’t have anything are a weapon just there.
Justin’s Answer
Based on what you’ve told me, there are lesser crimes which might qualify. However, Robbery 1st can also be charged. RSMO 570.023(4) “Displays or threatens the use of what appears to be a deadly weapon or dangerous instrument.” A broken gun still counts.
You should consider the possibility that your son is not being entirely honest with you about the case; I have never seen a case where the son told their parents the full story. More importantly, you need to contact an attorney in the ST. Louis area to discuss this case.
Can i file assault charges against a minor on behalf of my son?
My son is in the 7th grade and has recently been attacked by a group of 4 or more 8th grade girls who physically hit/kicked/slapped/punched him several times. They’ve made social media threats as well of bodily harm. The school has done nothing and because I raised my son to not hit a female he ends up getting physically beaten.
Can I press assault charges against all of those girls? I don’t like dealing with bullying!
Justin’s Answer
You don’t need to press charges. You can just call the police.
My husband and I both went to jail for domestic assult 3rd degree by pleading not guilty what is the outcome for both of us?
We where having a debate and one was yelling over other
Justin’s Answer
As Mr. Ness points out, you will each need an attorney. You can both be convicted of the same crime: that you were both fighting is not a defense. Even if you refuse to testify, there may be other witnesses or evidence that you don’t know about. If you’ve both plead not guilty, the case is probably set for trial already so your time is short!
Can my 22 year old fiancé go to jail?
I’m 17 and 8 weeks pregnant. My hospital is getting Child services involved. We’re getting married in February and I’ll be 18 the first of July. He has my parents consent and blessing. I’m really worried. He won’t be there for our Baby cause of them.
Justin’s Answer
Parental consent is not a defense to statutory rape in Missouri, however the age of consent is 17. As long as nothing happened before you turned 17, he will be fine. If you are worried he will not be there for your child, you can speak to a family lawyer about getting custody and support.
I was lied too for over 2 yrs about the allegations or evidence CPS had against me, I just was told the truth and have proof
Been fighting dfs for my kids for over 3 yrs did everything they asked without court order they gave my x the kids he was on drugs and got caught . I was just told the truth about everything in my case they falsified statements and lied to the courts
Justin’s Answer
I’m not sure what the question is. Are you saying DFS knew the information was false?
Can I go back to my home if I have filed an ex parte order of protection against my husband who is residing in our home?
My son who lives with us called the KCMO police and my husband was charged with assault pending a hearing by the city. I said he could go home and I would stay with friends. I have none of my things and want to go home. What would happen if I moved back home?
Justin’s Answer
As long as you do not have an order against you, you can go back home.
