How can Missouri 610.140.7 say a record will be “closed”, and 610.140.8 say all your rights will be restored?

   

How can Missouri 610.140.7 say an expunged record will be “closed”, and 610.140.8 say all your rights will be restored?
I had a class c felony from 1990 removed but it’s still on my record. Section 8 of this law says all rights lost as a result of this conviction will be restored. With this record still there as a “closed” file, I still can’t pass a background check for a firearm.

Criminal Defense Attorney Justin’s Answer
This is going to be difficult to answer in a post. My guess is you will need to speak to a federal attorney because federal law may still prevent you from owning a firearm even if state law has cleared you. You might also have other convictions that are holding you up: any conviction for drugs or domestic violence can prevent you from getting a firearm.

 

Will I get in trouble for making a false statement to the police?

   

False statement false statement to police false statement to police police officer

Question

Will I get in trouble for making a false statement to the police?
Well back in December I called the cops on my fiancee and made a police report but it was not  exactly true and now hes in trouble being charged with a crime that he did not do? I am scared to tell the cops and the prosecutor in the case cause I am scared I will go to jail and I have never been arrested and I have never been in jail, the only thing on my record is a ticket for not wearing my seat belt, will I get in trouble?

Criminal Defense Lawyer, R. Christopher Simons Answer
Giving false statements to police is a crime. However, you will probably be in less trouble if the truth comes from you than if it comes from an investigation. You should contact a criminal defense attorney in your area to learn the best way to report your actions if wish to correct your mistake.

Will I be charged with 3 dwi/DUI if I have 2 DUI charges in Florida in 2 different counties and convicted of a dwi in another

  

Will I be charged with 3 dwi/DUI if I have 2 DUI charges in Florida in 2 different counties and convicted of a dwi in another
I moved out of state and have not been a resident of Florida for over a year and I was charged with a dwi in an out of state county will I be charged with a felony if convicted out of state

Justin’s Answer
If the third DWI is in Missouri, then yes, Missouri counts convictions from other states. However, they may have trouble PROVING those convictions, so you should consider hiring an attorney rather than just pleading guilty.

If the third DWI is in Florida, you will have to put the location of your question as Florida so someone licensed in that state can answer. I assume that Florida also counts DWIs from other states, but cannot say for certain.

Either way, hire an experienced DWI attorney. DWI investigations are so complex that there is a lot of room for error. They are a relatively easy case for an attorney to fight.

Stealing when i am still renting the house

   

Stealing when i am still renting the house
The landlord had brand new windows in my garage for 2 yrs now . i ended up going to jail in july and they was there but when i came home they was gone now he is saying he is going to report them stolen what do i do

Justin’s Answer
If he reports them stolen, you find an attorney to fight the case. If the charge is serious enough you may qualify for a public defender. If not, click “Find a Lawyer” above. Do NOT try to talk to the police on your own.

Can a lawyer appear in court for me if I was charged with a misdemeanor ?

   

Can a lawyer appear in court for me if I was charged with a misdemeanor ?
I was arrested for possession of marijuana and was sentenced a fine and a court date but I’m international and had to go back to my country because my visa would expire. Do I have to go to my court date or can a lawyer go for me?

Justin’s Answer
A lawyer can appear for you, request time to pay, and explain the situation. However, if you plead guilty to drug possession, you may find it difficult to get back into the country. You should talk to a lawyer about setting aside your plea and getting the charged amended to something else.

How do I file the paperwork to petition the court to get my license back?

   

How do I file the paperwork to petition the court to get my license back?
It’s been 8 years since I got my license revoked and I want to get it back. I got my dui in camdenton Missouri

Justin’s Answer
If it’s only one DWI, you should be able to go to the DMV to get reinstated. If you have a denial, you need to file a petition in the court where you got your last conviction. It’s a complicated process so I would suggest hiring an attorney for it rather than going it alone.

How do I get a diversion

  

How do I get a diversion
Theft

Justin’s Answer
In Raytown, I do not believe the prosecutors will negotiate a diversion with you unless you have an attorney. The attorney will negotiate the terms with the prosecutor and tell you how to complete it.

Is it legal for me to move out of my home at 16 in Missouri? Also can my parents press charges on my 19 year old boyfriend?

  

Is it legal for me to move out of my home at 16 in Missouri? Also can my parents press charges on my 19 year old boyfriend?
I live with my parents and they don’t like my boyfriend and continue to threaten the law into this situation since we have had sex.

Justin’s Answer
If your boyfriend is under 21 and you are over 15 the statutory rape laws would not apply. You will have to ask an experienced family lawyer about the process for emancipation as it is outside of my experience.

Can I be charged with a felony if I was charged with a leaving the scene and dwi in mo if it was a company vehicle?

   

dwi felony leaving the scene of accident missouri traffic laws damages damages

 Question

Can I be charged with a felony if I was charged with a leaving the scene and DWI in Missouri if it was a company vehicle which  has minor damages?

Criminal Defense Lawyer, R. Christopher Simons Answer
Being in someone else’s vehicle doesn’t make you exempt from Missouri traffic laws. If you committed a felony, you can be charged. I suggest you contact an attorney to go over the specific details of your case.

My boyfriend is being held by us mashalls in Jeff City been there since the 12th of last month, they still haven’t charged him?

  

My boyfriend is being held by us mashalls in Jeff City been there since the 12th of last month, they still haven’t charged him?
My boyfriend is being held by us mashalls in Jeff City been there since the 12th of last month, they still haven’t indicted him. His lawyer say that the have to drop the chargers but they can bring them back up but isn’t that double jeopardy? He lawyer doesn’t know anything they haven’t even gave him his Discovery or anything he’s just been sitting there.

Justin’s Answer
Ms. Merta is correct. If no charges have been filed, there is no discovery. Double-jeopardy only applies if there has been a trial.

Will I go to jail for 4th degree domestic violence with absolutely no prior arrests or charges in my life?

   

Will I go to jail for 4th degree domestic violence with absolutely no prior arrests or charges in my life?
Fight with daughter no injuries she is dropping charges

Justin’s Answer
DA 4th is an A Misdemeanor, so you can do up to 1 year in jail or be fined up to $2,000. Your daughter CANNOT drop the charges. Only the prosecutor or judge can do so. Asking your daughter not to cooperate is also a crime, Tampering with a Witness. DV is a very serious charge: a conviction will jeopardize your second amendment rights and be nearly impossible to clear from your record. You need to hire an attorney to help with this issue.

Can a neighbor get a restraining order to kick me out of my house?

   

Can a neighbor get a restraining order to kick me out of my house?
My neighbor across the street and I had an encounter that ended with them assaulting me and putting me in the hospital. I filed for a restraining order with the evidence (audio recording of the assault, photos, hospital bills, etc). After being served they filed for restraining orders against me (same court date) claiming a bunch of things that are flat out lies, there will be no evidence of, and that span the last several months claiming that they feel in danger. It is clearly a case of retaliation for me filing. Someone told me that if they DO get a restraining order however that there’s a chance I could be forced to move. Is this true? Can someone really make you move with a restraining order? I doubt that there is any chance of them getting one since it is all made up (why would you say I was walking the neighborhood with a gun threatening them for over a month every night, stalking you and your kids, etc when you never called the police and you only mentioned it six days after I filed a restraining order against you? There was only police call over the one incident and no other interaction for the past 3 years.). I just want to know if this is true…

Justin’s Answer
I agree with the other posters. I have not heard of someone being forced to move because of a neighbor. However, if you do not want to risk it, hire an experienced attorney to represent you at the hearing.

How do they actually have to serve you an ex-parte order against you for it to really be legal ?

  

How do they actually have to serve you an ex-parte order against you for it to really be legal ?
Cop had me pull over an told me my ex got a restraining order against me but never got out of her car an handed it to me . She keep it an left is that still concerned being served an is it legal

Justin’s Answer
I do not believe this constitutes service, but an ex parte is valid and enforceable before being served. Your case is too specific to go over in a post. You should contact a local attorney to explore your options.

If I was not in my right mind when I wrote a statement can I retract it?

  

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

  

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?

  

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

  

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?

   

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 ?

  

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?

  

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.