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

August 3, 2019 (updated June 29, 2024)

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?

August 3, 2019 (updated September 20, 2025)

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.

Is judge going to arrest me when I get to court

August 3, 2019

Is judge going to arrest me when I get to court

July sixth 2009 I was given a failure to yield ticket in Cape Girardeau Missouri young man ran a stop sign and hit me I went in the next day to the courthouse to pay the fine scene is that I lived in Austin Texas I was not going to be in Missouri 30 days from that day the judge would work something out with me three days before my court date I called there was a new judge she was not going to Abide by any arrangement made they had sent my plea to my mothers address not mine which is why I called three days before the court date she informed me that she was going to get me failure to Appear and not abiding by any arrangement made. they had sent my plea to my mothers address not mine so I never got it which is why I called she informed me that she was going to get me for a failure to appear an issue Warrant. she issued 2 failure to appears and 2 Warrents
Now 2018 trying to get occl drivers license in Texas which I live and she is going to make me get lawyer and mandatory appearance in court. My fiancé just finished chemo radiation ( head and neck cancer and radical neck.

Justin’s Answer

It is possible that the judge will put you in jail. However, if you hire a local attorney, they will possibly be able to lift the warrants and dispose of the cases without you even visiting Cape Giradeau.

How can TSA deny hazmat on just an arrest with no conviction?

August 3, 2019

How can TSA deny hazmat on just an arrest with no conviction?

Husband in 2003 got arrested he was 18 for first degree tampering of utility. Let go with no charges and not even a bond. applied for hazmat in 2012 and got it. let it go because he was not using it in his line of work. got a new job that required hazmat, took test passed and went and did fingerprint nd background check and it came back that charge from the TSA. Called prosecuting attorney office and they said that it says non conviction on it. TSA says we need something stating that, prosecuting office says its on the criminal history report they pulled. we are getting the run around and not sure what to do.

Justin’s Answer

This is going to be too complicated to answer in a post. You two need to speak with a federally licensed attorney.

DUI/ hit and run..now what

August 3, 2019

DUI/ hit and run..now what

My husband left a resident where they had been loading hay, and drinking some beer…on his way home a deer ran in front of his car he tried to swirl to miss it and hit the signs on the corner..it was drivable but it’s a car he takes to work every day so he called the same buddy to put in on the trailer so no hauling cost, someone called in the accident the hwy patrol showed up, while he was loading the car on the trailer, made him blow..1.1 arrested him and he was served two tickets DUI and hit and run

Justin’s Answer

First, stop posting facts of the case online. Second, your husband will probably need to hire a DWI attorney. At this point, the government has already started two different actions against your husband: a criminal action for the DWI/ hit and run, and a license revocation for testing over .08. These are 2 separate issues that you will need to fight.

My first thought is I would try to fight the case by pointing out that the officers didn’t actually see him driving and that it would be difficult to determine his blood-alcohol when he was actually behind the wheel. However, this is just speculation. You will need to hire a DWI attorney to investigate further.

What is a good out come for possession (heroin) and 2 felony forgery charges?

August 3, 2019

What is a good out come for possession (heroin) and 2 felony forgery charges?

Also, probation currently suspended for DUI because of absconding and 2 big violations. One, guilty of stealing. Two, drugs. Throw in a few current court cases, driving on expired plates, shoplifting, more stealing. Can you keep someone with these kind of charges out of prison? If not, what is an acceptable sentence?

Justin’s Answer

This case is too complicated to give you an estimate in a post. An attorney would have to investigate the case and your history before determining a likely outcome.

What happens if igranted a restraining order against the respondent for domestic violence and he violates it and gets me to also

August 3, 2019

What happens if igranted a restraining order against the respondent for domestic violence and he violates it and gets me to also

I’m the victim of domestic violence abuse and I filed a restraining order against him but he’s already violated the restraining order I petitioned hours after it was made and now has got me to do the same thing with him wanting to reconcile our marriage but I’m scared that he’s lying to me and now I’m afraid for my life and our sons life because I don’t know legal stuff and his family does, I want to reconcile because I don’t know what he’s capable of in the means of the law and I don’t want our 10 month old baby stripped from me or me go to prison or jail because I’m clueless. I have an attorney but legal terms are confusing me and I don’t know how everything works or what everything means??? I’m scared and I don’t know what to do, my attorney says that I can either throw the exparté out and not be protected or deal with it and settle for 50:50 custody or chances of losing my child even 25% of the time or more. I feel like I’m in dangerous territory!

Justin’s Answer

Concerning the divorce: Since you already have an attorney no one can give you much information: talk to your attorney. If your attorney doesn’t respond in a timely fashion or give you answers you understand, consider hiring a new attorney.

Concerning the violation: You can simply call the police and report the violation. Unless you are also restrained from contacting him, you have done nothing wrong.

Is it self defense?

August 3, 2019 (updated June 29, 2024)

Is it self defense?

My son got into a argument with his girlfriend that he stays with her brother panned him against the wall my son left the house and went to his father’s house and brother followed him my son shot him he is okay but my son is in jail

Justin’s Answer

Self-defense is a complicated analysis; impossible to do in a post. Your son will need a criminal defense attorney to investigate and defend his case.

Will I go to jail if I have 15 gram I haven’t went to my court date yet

August 3, 2019 (updated June 29, 2024)

Will I go to jail if I have 15 gram I haven’t went to my court date yet

Well I was sitting in a parking lot sleep after I woke up from this guy talking to me thru my window it was cracked and then the cop walks over to my car and asked for our ID and then he said he smells weed I was wording will I go to jail for more then 15 grams

Justin’s Answer

15 grams is a jailable offense, but in most instances a criminal defense attorney can keep you out of jail and keep this off your record.

What to do and how much trouble am I in?

August 3, 2019 (updated June 29, 2024)

What to do and how much trouble am I in?

I got an insurance ticket and got one year unsupervised probation in February and got another insurance ticket and a seatbelt ticket on July25th on a different vehicle that I bought from my uncle which waslicencesed and insured but then when it messed up and I didn’t know if it would be driveable so I didn’t keep insurance on it because I want driving it.My mom came to pick me up. truck and my van had been in the shop.I know I didn’t want to drive without any insurance, and it wasn’t licences because it hadn’t been drove. I have two hi, a 10year old and a two year old and I live about two miles from My moms so I made the stupid decision to drive it home because I didn’t want to walk at almost dark with my kids and got pulled over. I got an insurance ticket and a seatbelt ticket. I know it was my fault.and.I.shouldn’t have drove it but had to get it home somehow. I now have to go to court in September and am so scrad. I can’t drive the vehicle because it wasn’t fixed and it’s not legal. I will never drive a vehicle without insurance or a seatbelt Shaun van is still in my uncles we were waiting on title but i had it licensed in my name before

Justin’s Answer

I would suggest you stop talking about the facts of your case online: it can be used against you. What you have described is probably not a defense to driving without insurance. However, in many instances, an attorney will be able to help with this situation and keep the points from the new charge off your license. An attorney can also potentially set aside the previous case and get you off probation.

My nephew has 3 counts of possession felony D he is currently not on probation and has court tomorrow for sentencing what happen

August 3, 2019

My nephew has 3 counts of possession felony D he is currently not on probation and has court tomorrow for sentencing what happen

Wanted to know what kind of sentence he would get for 3 counts class D felony for possession he has never been on probation before. This court sentencing is taking place in Jefferson County missouri.

Justin’s Answer

It depends on the facts of the case, the judge, the prosecutor, and your nephew’s criminal history. In some areas of Missouri, probation is common for a first time felony possession. In some areas, judges require 120 days “shock” in the department of corrections before granting probation. A judge could even do hard time for a first offense, if they feel it is warranted

Felony stealing, on accident?

August 3, 2019

Felony stealing, on accident?

The recording when I opened my account can prove my ignorance, also there was never a signed authorization. I was misguided as to where my account number and routing number would be, now I’m wanted for questioning, am I facing charges that I can not win??

Justin’s Answer

First, stop talking about details of your case online.

Second, that answer is too difficult to answer in a post. If you are looking at felony charges, you need to speak to an attorney in your area. They can look at your evidence, investigate the case, and let you know if you have an appropriate defense. I do NOT recommend trying to convince the prosecutor to drop the charge alone.

They won’t let me get a lawyer

July 23, 2019 (updated July 23, 2019)

They won’t let me get a lawyer

The govmt keeps harassing me and won’t let me get a lawyer or charge me with anything they are using voice to skull technology to force me to do things and I want to sue but won’t tell me agency or identify themselves when I ask plz help.

Richard’s Answer

You are certainly able to hire an attorney. You sound like you have a tough case and will be hard to find a good attorney. Get your head looked at by a doctor so you can present evidence to a lawyer to show you have a case.

Why would a person be sent to maximum security facility on a 5th degree possieson charge when in violation of probation agreement

July 22, 2019 (updated July 24, 2019)

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

Question

My brother was arrested in 2010 for 5th degree possession.He has no prior offenses. He was sent to maximum security prison for 5 years

Criminal Defense Lawyer, R. Christopher Simons Answer

That was the determination of the department of corrections, why, I do not know their reasoning.

Can a municipal court in missouri still charge you with the same offense if county prosectors denied charging?

July 22, 2019 (updated September 5, 2024)

invasion of privacy municipal court case municipal district charges court hearing

QUESTION

I was accused of invasion of privacy in a municipal district and when turned over to county prosecutors office they refused to pursue charges and sent it back down to municipal court?

Criminal Defense Lawyer, R. Christopher Simons Answer

Yes they can, if both courts are of jurisdiction, one may make the charges within the statute of limitations.

Are public defenders reliable when fighting a criminal case? What are the pros and cons to then?

July 22, 2019 (updated July 5, 2024)

Are public defenders reliable when fighting a federal case? What are the pros and cons to then?

I am currently fighting a felony case with 9 counts and was appointed a public defender because at the time I couldn’t afford a private lawyer. It is a serious offense and seems like it could carry alot of time if convicted. Is it best to try and get my own defense lawyer or can a public defender get the same results?
This is my first offense

Kansas City Traffic Lawyer Richard Simons Answer

Public defenders get a bad rap. Many of them are fantastic and in court or trial more than private attorneys. That being said it will depend on their experience and case load. Low experience high case load means little time for your case.

How much trouble? And I am for assault on my wife

July 22, 2019 (updated September 5, 2024)

How much trouble? And I am for assault on my wife

Can my wife got into an argument got out of hand she put her hands on me other hand my hands on her how much jail time am I going to have to do or can I do something to get out of it

Richard’s Answer

Depends on if it is a municipal or state charge and what the level of the charge is. All assault charges can carry jail time.

How much jail time for assault?

July 22, 2019 (updated September 5, 2024)

Question

Me and my wife had gotten into it I got out of control I put my hands on her choke her how much jail time am I going to get if she does press charges ?

Criminal Defense Lawyer, R. Christopher Simons Answer

Depends on if it is municipal or a state charge and what level of charge. Also depends on the judge. All assault charges have the risk of jail time.

Restraining order

July 22, 2019 (updated July 23, 2019)

Question

This is concerning a long and drawn out family dispute. However, recently things have escalated and I am in a difficult situation. Basically, I’m accused of domestic abuse by my mother and have a restraining order next week. I never laid a hand on the woman. She waited until I walked into her house and started screaming for neighbors. I left and a couple hours later she had scratch marks on her neck and police were at my house. It may sound somewhat far fetched but, you don’t know my mother. I just would like to know how to be prepared for this hearing. I have a great deal of support from friends and family members who know her. I was thinking just go in on a positive note with character references instead of bringing up the reason this all started. Which was, my mother stole an automobile from my sisters partner. When the owner pursued legal action my mother swore she would see my twin sister and I in jail. I’m assuming it would be best if we go into that if they proceed with charges against me. What is your opinion?

United States | Missouri | 65672 | Criminal Law

12/18/15, 1:02 pm

Criminal Defense Lawyer, R. Christopher Simons answer

My first suggestion is to hire a lawyer. That being said, your question surrounds you going to a hearing for what I am guessing is a restraining order. My suggestion is to not contest the restraining order and basically say, “these accusations are false and my mother has issues.” The hearing you are going into surrounds specifically her not wanting to see you. If that is the case and there are possible future charges against you, then you do not want to be around her and it would be best if you avoid contact in any form.

How to get video surveillance from a police department camera?

July 22, 2019 (updated July 22, 2019)

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

Richard’s Answer

Hire an attorney and get them to file a motion to preserve the evidence. This is a serious crime that could effect your life forever. Treat it that way.