Posts by: Richard Christopher Simons

Is my husband allowed to buy me drinks?

  

Is my husband allowed to buy me drinks?

He is 23 and I’m 19. I live in Missouri and can’t find anything on it.

Justin’s Answer

No he cannot. However, oddly enough, Missouri allows your parents to give you small amounts of alcohol with meals, celebrations, or religious services.

Can I get off the registry? Knowing that my charges are C & D felonies.

   

Can I get off the registry? Knowing that my charges are C & D felonies.

What could happened to me?

   

What could happened to me?

I have been pulled over tn and got my car inpunded for driving while suspended this is my 3rd offense and officer said it was a felony but I was booked and released why and what happens next I was not given a court date or anything. Do I face jail. Do I need a lawyer?

Justin’s Answer

Yes you need an attorney. A felony DWS charge is very serious. However, an attorney can help you get your license reinstated and try to keep you out of jail.

How much would it cost to get an animal cruelty charge expunged?

  

How much would it cost to get an animal cruelty charge expunged?

My Husband has a 1st offense felony for animal cruelty and I’m wondering how much is it to get it expunged? It’s been 3 years since he was charged and it’s preventing him from getting a job. It happened in Arkansas so I’m not sure where he needs to go to get it expunged nor do i know how much it will cost any advice will be helpful. Thank you

Justin’s Answer

You will need to contact an attorney in Arkansas to get an answer to this question.

I have a tenant I need to evict. There is no lease, she pays by the month to live in her RV here. Do I need to go to court. ?

  

I have a tenant I need to evict. There is no lease, she pays by the month to live in her RV here. Do I need to go to court. ?

I am told given there is no lease and this is a RV park I do not need to go to court. That I can give her a 5 day eviction notice and then call the police if she does not leave. Although there is no lease she has been paying by the month for 8 months now. I’m told by the sheriffs office it is a civil matter and I will have to go to court and I’m told by the courthouse its an RV park so I do not need to go to court. I’m not sure what to do?

Justin’s Answer

There is no right to self help in Missouri, even for RV parks. You do have to go through with the eviction procedure. If the court is not letting you file for eviction, you may have to contact an attorney for help.

What does it mean that I have to get a petition before I can get my license back?

  

What does it mean that I have to get a petition before I can get my license back?

My boyfriend was charged with a Felony E dwi persistent in Missouri. Is it likely that he could get probation?

   

My boyfriend was charged with a Felony E dwi persistent in Missouri. Is it likely that he could get probation?

He has a very good job and children and a lot to loose if he had to go to prison. He posted bond for 5000 cash only.

Justin’s Answer

You would have to talk to a DWI attorney practicing in Nevada to answer that question. I would say very unlikely given that there is a minimum 30 days by statute for persistent offenders. However, a skilled DWI attorney can possibly get that charged reduced.

Can you do jail time with first afense dui with a minor in the car? No one went to jail that night just a court appearance.

   

Can you do jail time with first afense dui with a minor in the car? No one went to jail that night just a court appearance.

Had just had a few drinks and there was a check point.

Justin’s Answer

Yes, jail time is a possibility. A first time DWI is a B Misdemeanor, meaning you could do up to 6 months in jail. However, there is more to worry about: If you had a child in the car, you could also be charged with child abuse/endangerment. If you were recently charged with DWI, the Department of Revenue has already started civil proceedings to suspend your license: this is an entirely separate process from the criminal charge.

This is a very serious situation. However, an attorney can work to keep you out of jail, keep the charges off your record, and help you keep your license.

Is a DUI in Missouri considered a crime?

   

Is a DUI in Missouri considered a crime?

My wife recently filled out an application for a job she was offered. On the application there was a question that simply asked, ” Have you ever been convicted of a crime?” With no other explanation. We discussed it and she put down no. About 10 years ago she got a DUI, but we thought that wasnt considered a crime, but a driving infraction. After more research we are worried that we had put the wrong answer down and it may impact the decision. We are not trying to hide anything, but felt based on the way the question was asked we had put the right answer. Advice please?

Justin’s Answer

Yes, it is a crime in MO. However, as the other gentlemen have stated, it’s possible that she did not get a conviction for it. You can try looking up the case at the court house, or an attorney could try looking up the charge to see it it resulted in a conviction.

Is it true you don’t have to have a Drivers licence if your not performing an act of commerce and are just travelling

  

Is it true you don’t have to have a Drivers licence if your not performing an act of commerce and are just travelling

Got arrested for driving wile suspended, was held for 24hrs and never issued a ticket. I was told on my release that a warrent may be issued for fellonie driving.

Justin’s Answer

This is just a myth. Whoever told you this is mistaken or just lying to you. You need a license to drive.

How to Get Police Surveillance Video for Your Defense or Lawsuit?

   

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

Justin’s Answer

An attorney can get this evidence for you and use it much more effectively. A motion to preserve evidence is relatively simple, but there are still a lot of mistakes you could make if you try to do this alone.

 

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

   

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

Wife showed up with family, moving van, and proceeded to come into our home, whisking past me when I went outside to find out the matter…family began taking things and I couldn’t stop them. Wife feigned that I pushed her down when nobody was around and started screaming. Another step daughter was taking items out of the house, and I tried to stop her, but she resisted my attempts…Police arrested me, and they both pressed assault charges against me, for putting my arms around my step daughter and ask her not to be taking things out of the house. Police report from officer says he will write that she forced the confrontation by having her and her family invade the house. Nothing was peaceful about her invasion…should I be worried?

Justin’s Answer

Absolutely be worried. You are probably going to be charged with domestic assault. A conviction for this could revoke your 2nd Amendment rights and put you in jail. You should talk to an attorney immediately.

 

What if I am not driving the car and I am just the passenger do I have to show my ID to the police?

   

What if I am not driving the car and I am just the passenger do I have to show my ID to the police?

My friend got pulled over for speeding I was in the passenger seat had my seatbelt on everything and they asked me for my name and ID did I have to give it to them

Justin’s Answer

Again, they have to have a reason to ask; if they don’t, you can turn them down. However, you have no way of knowing if their request is legitimate or not. Playing games like asking, “is this a request or an order” is a good way to make the stop go as badly as possible for you and the other people in the car. I generally tell people to just show their ID unless they have a really good reason not to.

What can be done?

  

What can be done?

My husband got a summons to appear on a charge of stealing at a Target store in Kansas City, Mo. He and his son have the same name. My husband has proof that he was working in Omaha, Ne. Does Target have to show some sort of proof in court ie…pictures, video?
Thanks for your time.

Justin’s Answer

First, he must answer the summons. If not, a warrant will be issued for his arrest.
Second, when he does appear, he should not try to tell his story to the judge; the first appearance is not the time for a trial.
Third, Target doesn’t present the evidence. The prosecutor does and, if the case goes to trial, they have to convince the judge/jury of your husband’s guilt beyond a reasonable doubt.
Finally, if he does have video evidence, then he has a strong case to fight. A lawyer would be able to evaluate the evidence and make the most of it. You should find a lawyer quickly, as the officers sometimes “forget” to request security footage from the stores until it’s too late. Then it will be up to the words of the witnesses.

My brother was wanted by the police for questioning when they caught him he had a gun on him and he’s already a convicted felony

  

My brother was wanted by the police for questioning when they caught him he had a gun on him and he’s already a convicted felony

How long does it take for them to issue charges on you that you wasn’t booked for but was booked for the charges that they was looking for you for the charge they were looking for you for was dropped

Justin’s Answer

The state has up to 3 years to file a charge for felon in possession. I have seen prosecutors file cases quickly and I have seen them sit on cases for months. Heneeds to speak to an attorney about this as quickly as possible.

What will mostly likely be his sentence if convicted and how much will bail be ? Also is there a chance of him getting probation

   

What will mostly likely be his sentence if convicted and how much will bail be ? Also is there a chance of him getting probation

My boyfriend got taken to jail yesterday an this morning he said they are trying to charge him with 1 count of robbery. He has a court hearing tuesday to see if he will be released, get bail, or kept in jail . He has no criminal background an record is completely clean, he is 25 years old an there were 3 other plp involved , I think he was just the driver but im not sure

Justin’s Answer

There are too many variable to inform you of this: I have seen robbery cases get dismissed, reduced to a misdemeanor, sentenced to probation, and sentenced to prison. No case is typical; an attorney would have to know more about your boyfriend’s case. I will say that, if it was a first offense and there were no injuries, he is much more likely to get probation. If he has priors or someone was injured he is more likely looking at time.

is it hard to get case throwed out? trafficing drugs had nothing but $$ we got a car loan cops got it even though we’ve got pr

   

is it hard to get case throwed out? trafficing drugs had nothing but $$ we got a car loan cops got it even though we’ve got pr

we got a loan on out car and was gonna stop at friends and they was being raided and cops stopped us in road searched us we wasn’t even on the property they took the money didn’t find any drugs on us nothing says we was attempting to traffic drugs we had proof where the money came from but yet still arrested us how can they do that when we had nothing

Justin’s Answer

Yes, it is hard to get a case thrown out. You need to find a “civil forfeiture” attorney as well as a criminal defense attorney. Unfortunately, it is quite common for police to seize money or property without actual evidence of a crime. Even if you win the criminal case, they will still try to keep your money. You will need an experienced attorney for this.

Why would a case disappear off of case net?

   

Why would a case disappear off of CaseNet?

My son was charged with felony assault and armed criminal action. He has been going to court over these; Monday was court; they told him not to appear; when I checked CaseNet, the cases are gone. I have looked every day, and they are still not there. Why would they disappear, and can the state pick up these charges? I know the person that filed the assault charges hasn’t shown up for court.

Justin’s Answer

It’s possible that the prosecutor has dismissed the cases. Or, if this was a felony, they may have secured an indictment, and the case now has a new number. You should contact an attorney to search for the case for you, or you can ask the court for the status. Just keep in mind, if the prosecutor dismissed the case, they can generally refile the case if they choose. Tell your son not to talk about the case with anyone but his attorney.