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.

Will I go to jail for my first offense?

  

Will I go to jail for my first offense?
So Monday December 17 I was stupid and brought my BB gun to school. I had no intention on hurting anyone I was just showing my friend. I was caught and now the school is charging me. This is my first offence. I turned 18 on December 11th. Will I be going to jail?

Justin’s Answer
This is a very serious offense. You should stop talking about the facts of your case online and look for an attorney in your area. Yes, you are possibly facing incarceration for this case.

What steps to take to change my Tier status on the sex offender registry? I strongly believe I am listed incorrectly.

   

What steps to take to change my Tier status on the sex offender registry? I strongly believe I am listed incorrectly.
As of 17 yrs of age I have 4 counts of possession of child pornography. Due to the new law in Missouri, I believe I should be listed as a Tier 1 offender. I am publicly listed as a Tier 3 offender. I verbally asked the sheriff office why the tier 3 status and they said it was because of “multiple” charges of child pornography. To my understanding, the new law does not state that multiple charges automatically makes me a Tier 3 offender. Possession of child pornography is classified under the Tier 1 section of the law. I have sent letters via certified mail to both the county prosecuting attorney and sheriff’s office over a month ago to request a change of my tier level status or provide an explanation as to why I am a Tier 3 but I have not received a response. My wife and I are struggling financially and cannot afford a lawyer by any means, but I will get a lawyer if I have to. Is there anything I can do to change my Tier status before needing to hire a lawyer? Thank you. – – Please correct me if my understanding is incorrect.

Justin’s Answer
This is a difficult question to answer over the internet. I would suggest contacting an attorney in your area.

Where to start to get the correct paperwork??

  

Where to start to get the correct paperwork??
Im going to file for a motion to set aside my guilty plea to a driving while suspended that now is going to revoke my license for a year. Where do i start to get the correct paperwork to do this? Cant afford an atty and have only one week until license is revoked.

Justin’s Answer
There usually are not forms available for such a motion. Plus, an attorney cannot use Avvo to walk you through the process. You will have to contact an attorney in your area if you want help with it.

Can i ask a judge for a motion to set aside by myself?

  

Can i ask a judge for a motion to set aside by myself?
Plead guilty to dws in dec. Two days later got letter from dmv saying jan 10 i would be revoked for a yr due to point accumulation. Can i go to court by myself or do i have to have an atty?

Justin’s Answer
Motion practice is often times nuanced and statutorily complex. In your situation, contacting an attorney would help you evaluate your chances of success and minimize the possibility that the filing is done incorrectly. An attorney may be able to offer you alternative options to get you closer to a legal driving status.

How to testify on my boyfriends behalf to help my boyfriend?

   

How to testify on my boyfriends behalf to help my boyfriend?
I’ve been subpoenaed to court to testify as a witness for St of Missouri against my boyfriend for charges I didn’t want to press when I was asked. He didn’t hit me. I was under medication during time of incident and may have exaggerated to the scene and added to it because I was mad

Justin’s Answer
You do not get to decide what testimony to give. The attorneys or defendant will ask you questions, and you must answer honestly under penalty of perjury.

 

Will I be able to purchase and sell an investment property without my husband gaining proceeds? I am a victim of domestic abuse.

   

Will I be able to purchase and sell an investment property without my husband gaining proceeds? I am a victim of domestic abuse.
So long story short, my husband abused me and I received a full order of protection a month ago and plan on a divorce as soon as possible. I want to purchase an investment property in my name and re sell it. How can I avoid my soon to be ex husband having a right to either the property itself or a share of the proceeds? We’ve been apart for several months and the full order of protection bars him from entering my apartment that he and I used to live in together. Thanks for the help.

Justin’s Answer
The previous attorney is correct: real property purchased during the marriage becomes marital property. There may be ways around that, but you will have to talk to a real estate or family law attorney.

 

How hard will it be to get 2nd degree burglary purged from my record

   

How hard will it be to get 2nd degree burglary purged from my record
I was convicted of 2nd degree burglary in 2014 I was sentenced to 4 years in the department of corrections I completed the sentence in November 2018 and I want to pursue a job as a nurse and need to fix my record

Criminal Defense Lawyer Justin’s Hunts Answer
I agree with the attorney above, however, I will add that how hard it will be depends on how you go about it. If you try yourself, it will probably be difficult. However, if you hire an experienced expungement attorney, it will be much easier.

 

How can I get my boyfriend out of jail?

   

How can I get my boyfriend out of jail?
My boyfriend is being charged for resisting arrest. well when the first court date came around he had no idea about because he was in prison for a parole violation. It’s not like he missed the court date on purpose. I am wondering if the judge might reduce his bond or will they make him stay in there till the case is over

Justin’s Answer
You can pay his bond or hire an attorney for him who will attempt to get the bond reduced. If you try to get the bond reduced, you will be practicing law without a license. Do not do that.

I was convicted of a class B drug offense in Missouri (Mr Veits was my attorney) this was 19 yrs ago, and NO trouble since.

   

I was convicted of a class B drug offense in Missouri (Mr Veits was my attorney) this was 19 yrs ago, and NO trouble since.
I was convicted of a Class B felony( I think it was manufacturing meth) in Missouri, but I am from Indiana, I spent 6 months in a Missouri jail, but was only sentenced to 5 yrs probation, which I completed in Indiana,along with drug screening , and have not been in any trouble since. I have been married for 18 yrs and have raised a great son also. I also held a job at the same company for 16 yrs, until my husband was diagnosed with Alzheimer’s. I am only 53 and would love to see if I could qualify for an esungement with the new law just passed in Missouri. Also I had a GREAT attorney represent me at the time a Mr Dan Veits . What all would I need to do to see if I qualify for a expungement?Thanks Lisa Jeffries(Rakestraw) Deer

Justin’s Answer
You can just call an expungement attorney in your area and they’ll let you know if your conviction qualifies. Off the top of my head, I’d say it does qualify.

We offered a plea deal… No word on if he took it or not… Now online it says plea/trial setting instead of hearing setting.

  

We offered a plea deal… No word on if he took it or not… Now online it says plea/trial setting instead of hearing setting.
Its for my daughter… She does not want to go up in fron of the man who molested her. We offered him a plea dont know if he took it or not but now instead of hearing trial set it says plea/trial setting… I have no clue what this means..please help

Justin’s Answer
I don’t know how you offered a plea to the man; the prosecutor decides that. You will have to call the prosecutor’s office for more information on the case.