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?
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.
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?
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?
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 ?
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?
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
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?
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
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?
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 ?
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?
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.
How long do they have to issue after PAW
1st degree assault on law enforcement officer was PAW. How long do they have to issue?
Justin’s Answer
I am not sure I understand the question: Are you asking how long a warrant remains active?
Should I file a restraining order or will it just cause more issues?
I was seeing this guy for almost a year (since last October) well recently I found out he had another girlfriend so one of my old friends decided it would be an excellent idea to create a facebook account under a different name ( to protect myself since he is violent) and tell the other girl that the guy shes been with is also seeing me. Well she did that and it completely backfired. The other girl figured out it was fake and the guy figured out it was me that created it and is livid. He has been destroying my property ( over $3,000 in car damages) and got into my house and tore it apart as revenge for telling his other girlfriend hes also been seeing me. I want to file an ex parte because he threatens to hurt me. He has been violent before but I never made a report. He will call me and tell me hes going to kill me if I don’t drop the other cases against him ( the trespassing and when he damaged my vehicle) and now they have resorted to telling me if I try to get an ex parte order then they will charge me with harassment for making the other profile on facebook that wasn’t mine. ( I didn’t create it a friend did but she already said she will deny it) so I am at loss at what to do.
Justin’s Answer
Get the restraining order. Also call the police and tell them that your ex is trying to intimidate you into dropping charges. Tampering With A Witness is a serious criminal offense.
I am still serving in the military as an officer, been in for 13 years with no negative records. I got caught shoplifting from the PX in the amount of $250 for multiple items. I was arrested and brought to the Security Forces station for fingerprint and DNA. I admitted that I took the stuffs from the PX in the sworn statement. Will it go to my background check? What will happen to me? I do not want to get kicked out of the AF. Will it effect me from getting a government job or state job, should I get kicked out? Thanks for listening and your suggestions.
Justin’s Answer
I don’t know why you listed this as Juvenile Law, but it should be under Military Law. You should also contact a military defense attorney: this is a specialized area of law.
I am charged with trespassing in the 1st degree at a casino ?
Was at the casino when I signed my right to b there 12 years ago
Justin’s Answer
Great information from Mr. Anderson. I will add that, if you’re talking about the casinos in the Kansas City area, keeping trespassing off your record is relatively easy for a local attorney to do. I would let an attorney contact the casino for you as you do not wish to be seen as Tampering With a Witness.
Can I get the form to apply for a FAST AND SPEEDY TRIAL Motion ?
My boyfriend is in jail. He’s a felon had loaded gun. Drunk walking down side of hwy
Justin’s Answer
Do not file this motion: that will get you in trouble for unauthorized practice of law. He should have a public defender appointed. He should go over speedy-trial options with his attorney; not his girlfriend.
Am I a sex offender?
When I was a minor under 18 I masturbated a lot. I was always dressed but there were times when I would do it with my sister in the same room and she is younger than me. She never noticed really except for once but she didbt know that’s what I was doing. She never payed attention to what I was doing. I didn’t know it was wrong at the time to do it with others in the room. I’m worried that since I did it with another person in the room I’m a sex offender..
Does that make me a offender?
Justin’s Answer
Probably not. Most of the sex crimes require you to exposure yourself for gratification or to startle others; if you were just an ignorant kid you are most likely safe. If police ever ask you about it, tell them you want to talk to an attorney, then let the attorney sort it out.
