Posts by: Richard Christopher Simons

Where do I locate a public defender for Domestic assault charge in St. Louis County MO?

  

Where do I locate a public defender for Domestic assault charge in St. Louis County MO?
My daughter appeared in court tonight and plead not guilty to DV which occurred October 20th 2018. Gave court date of April 24th. I am listed as witness but never received papers. I am the one who called police but did not press charges. Court papers state, “Hit across face with open palm hand”. My daughter was taken to jail. She spent 4 hrs there and was released. I just lost my job a month ago. Can someone please help…

Justin’s Answer

The court should have given your daughter that information. If not, she can ask the court on her next court date or just contact the local public defender’s office directly.

Can my friend charges be dropped or can we fight the?Whats the next step?

  

Can my friend charges be dropped or can we fight the?Whats the next step?
What the next step for me and my friend? He was transferred to a county jail by US Marshalls from a treatment facility. He has been there for two weeks and hasnt been advised of charges or seen a judge. Is there a time limit ? And what’s the next step?

Justin’s Answer
There is a time limit. Your friend needs to speak with an attorney to see that he is brought before a judge.

Can I be extradited to Missouri

  

Can I be extradited to Missouri
My friend got a dui in Jan. 2019 and had a previous one in 2012. The arresting officer charged it as a second dui, but the prosecutor charged it as a first.. She moved to south Carolina and missed the court date and there is a warrant for her.. Can she be extradited?

Justin’s Answer
She needs to speak with a SC lawyer about SC’s extradition policy, but generally, yes, she can be extradited. The charge doesn’t just go away.

Can a class C felony theft charge be dismissed at the request of the original complainant/property owner?

  

Can a class C felony theft charge be dismissed at the request of the original complainant/property owner?
Can the person who filed the police report decide to settle put of court or drop charges once the prosecutor’s office is involved? If not, will paying for the item in question (plus court costs and warrant fees) null it?

Justin’s Answer
No. The prosecutor decides to press charges, not the victim. However, if the victim is satisfied, they can contact the prosecutor’s office and let them know. Keep in mind, if you ask the witness not to cooperate, you can be charged with Witness Tampering. An attorney can help you work out such an arrangement without Witness Tampering.

Do I have to take a lunch in Missouri?

  

Do I have to take a lunch in Missouri?
I’ve searched many forums and I am unable to find a direct answer to this.

In Missouri – specifically the banking industry.

Does an employee have to take a lunch? Missouri does not mandate it. However, I was told it’s for OSHA.
Does OSHA override state law?

Can an employer disciple you for not taking a lunch.

Their policy states “ If your state does not require you to take a meal period, we recommend 30 mins” I feel like the key word is recommend.

Someone please provide clarity. Also include URLs if possible.

Justin’s Answer
Mr. Penell is correct so far as my knowledge of employment law goes. I do not know why Avvo selected me to answer this question, as I am not an employment lawyer.

If I get the restraining order dropped against the defendant(my boyfriend) Will the restraining order be dropped before our prom

   

You cannot get the restraining order dropped until the next court date, so it depends on where in the process you are. If your boyfriend has already lost the hearing and had a permanent order, then you will need to file the appropriate paperwork to cancel the protective order. If the hearing has not been held, you can show up at the hearing and request that the judge not apply a permanent order.

… Continue reading

What is my likely outcome?… sorry for the length

   

elony possessionRemove term: felony possession of a controlled substance felony possession of a controlled substanceRemove term: felony possession of paraphernalia felony possession of paraphernaliaRemove term: felony possession sch felony possession schRemove term: felony possess sch vi cs felony possess sch vi csRemove term: felony possession of a firearm texas felony possession of a firearm texasRemove term: felony possession of ammunition felony possession of ammunitionRemove term: felony possession of controlled substance felony possession of controlled substanceRemove term: felony possession of a firearm california felony possession of a firearm californiaRemove term: felony possession of stolen property felony possession of stolen propertyRemove term: felony possession of a controlled substance missouri felony possession of a controlled substance missouri

What is my likely outcome?… sorry for the length
I’m in Missouri.
Have no priors.

I had a seizure at gas station.
Cops found an (one) adderall in my possession.
I also had 2 Tramadol on me, not in the bottle… but do have a script for the tramadol.

It is being labeled as a class D felony.

I call Sheriffs office daily for random UAs. Have only had one, which was clean.

What are the chances of getting the felony reduced to a misdemeanor? (Or is that a simple dream on my part?)
What is the likely outcome for my situation?

*Added info*
My late husband was an addict, and in drug court. He passed away in December by suicide. Exactly a month after his passing is when I was caught with the pill.
I’m sure you all have heard it countless times, but the pill truly wasn’t mine. I shouldn’t have been in possession of it, I do take responsibility for that.
I obviously should have gotten rid of it, but that day I was on my way to throw it on his grave where he took his life, out of anger.
*-I know the specifics and my reasons don’t matter but I ramble when nervous. And rather put out the entire story-*
Thanks for reading and any answers you can provide.

Justin’s Answer
You need to stop posting the facts of your case online and find an attorney in your area. No one can tell you the likelihood of getting a case dismissed or reduced until they have investigated your case. I can tell you that, in my area, it is possible to get drug felonies dismissed with treatment court, but offhand I have no idea if that’s possible in your area.

Does my Non- Conviction dwi show up on my background & MVR?

   

Does my Non- Conviction dwi show up on my background & MVR?
I have my class A CDL… With me out of work & looking for a new Truck driving job can the companies see the arrest and no conviction and will that hinder me from getting a job

Justin’s Answer
Depends on the company and how deep their background check is. If you got the case dismissed it is less likely to be a problem than if it is still pending. You should talk to a traffic or DWI lawyer in your area about the specifics.

Is this cause for a motion to suppress?

   

[evp_embed_video url=”https://kcdefensecounsel.com/wp-content/uploads/2019/07/A18.mov” autoplay=”true”]

QUESTION 

My son was pulled over and asked why he was in the area that he was. The cop stated his plate light was out and that the actual reason for the stop. 1 of his 2 plate lights worked. Plate is very well lit. officer ran his name and turned out he had a warrant un-beknown to us. He has no criminal background whatsoever I want to add. He placed my son under arrest for the warrant, nothing else was mentioned about the light, patted him down and asked what was in his pocket. my son admitted it was a pipe and grinder. The officer locked my son’s car and put the keys on the top of it. he then asked my son if he had anything else on his person. he said no but i do have weed in the console. cop leaned my son against his car and then unlocked it and got the weed out. then my son was taken to jail. isn’t there a statute that if the person is arrested for a charge that is anything other than what he was stopped for that any evidence found is inadmissible?

 

Criminal Defense Lawyer, R. Christopher Simons Answer

There MIGHT be argument for an illegal stop/search based on the plate light, but there is absolutely nothing preventing officers from using legally found evidence in multiple cases. You need to find an experienced criminal attorney to help your son in this case.