Can i ask a judge for a motion to set aside by myself?

  

Can i ask a judge for a motion to set aside by myself?
Plead guilty to dws in dec. Two days later got letter from dmv saying jan 10 i would be revoked for a yr due to point accumulation. Can i go to court by myself or do i have to have an atty?

Justin’s Answer
Motion practice is often times nuanced and statutorily complex. In your situation, contacting an attorney would help you evaluate your chances of success and minimize the possibility that the filing is done incorrectly. An attorney may be able to offer you alternative options to get you closer to a legal driving status.

How to testify on my boyfriends behalf to help my boyfriend?

   

How to testify on my boyfriends behalf to help my boyfriend?
I’ve been subpoenaed to court to testify as a witness for St of Missouri against my boyfriend for charges I didn’t want to press when I was asked. He didn’t hit me. I was under medication during time of incident and may have exaggerated to the scene and added to it because I was mad

Justin’s Answer
You do not get to decide what testimony to give. The attorneys or defendant will ask you questions, and you must answer honestly under penalty of perjury.

 

Will I be able to purchase and sell an investment property without my husband gaining proceeds? I am a victim of domestic abuse.

   

Will I be able to purchase and sell an investment property without my husband gaining proceeds? I am a victim of domestic abuse.
So long story short, my husband abused me and I received a full order of protection a month ago and plan on a divorce as soon as possible. I want to purchase an investment property in my name and re sell it. How can I avoid my soon to be ex husband having a right to either the property itself or a share of the proceeds? We’ve been apart for several months and the full order of protection bars him from entering my apartment that he and I used to live in together. Thanks for the help.

Justin’s Answer
The previous attorney is correct: real property purchased during the marriage becomes marital property. There may be ways around that, but you will have to talk to a real estate or family law attorney.

 

How hard will it be to get 2nd degree burglary purged from my record

   

How hard will it be to get 2nd degree burglary purged from my record
I was convicted of 2nd degree burglary in 2014 I was sentenced to 4 years in the department of corrections I completed the sentence in November 2018 and I want to pursue a job as a nurse and need to fix my record

Criminal Defense Lawyer Justin’s Hunts Answer
I agree with the attorney above, however, I will add that how hard it will be depends on how you go about it. If you try yourself, it will probably be difficult. However, if you hire an experienced expungement attorney, it will be much easier.

 

How can I get my boyfriend out of jail?

   

How can I get my boyfriend out of jail?
My boyfriend is being charged for resisting arrest. well when the first court date came around he had no idea about because he was in prison for a parole violation. It’s not like he missed the court date on purpose. I am wondering if the judge might reduce his bond or will they make him stay in there till the case is over

Justin’s Answer
You can pay his bond or hire an attorney for him who will attempt to get the bond reduced. If you try to get the bond reduced, you will be practicing law without a license. Do not do that.

I was convicted of a class B drug offense in Missouri (Mr Veits was my attorney) this was 19 yrs ago, and NO trouble since.

   

I was convicted of a class B drug offense in Missouri (Mr Veits was my attorney) this was 19 yrs ago, and NO trouble since.
I was convicted of a Class B felony( I think it was manufacturing meth) in Missouri, but I am from Indiana, I spent 6 months in a Missouri jail, but was only sentenced to 5 yrs probation, which I completed in Indiana,along with drug screening , and have not been in any trouble since. I have been married for 18 yrs and have raised a great son also. I also held a job at the same company for 16 yrs, until my husband was diagnosed with Alzheimer’s. I am only 53 and would love to see if I could qualify for an esungement with the new law just passed in Missouri. Also I had a GREAT attorney represent me at the time a Mr Dan Veits . What all would I need to do to see if I qualify for a expungement?Thanks Lisa Jeffries(Rakestraw) Deer

Justin’s Answer
You can just call an expungement attorney in your area and they’ll let you know if your conviction qualifies. Off the top of my head, I’d say it does qualify.

We offered a plea deal… No word on if he took it or not… Now online it says plea/trial setting instead of hearing setting.

  

We offered a plea deal… No word on if he took it or not… Now online it says plea/trial setting instead of hearing setting.
Its for my daughter… She does not want to go up in fron of the man who molested her. We offered him a plea dont know if he took it or not but now instead of hearing trial set it says plea/trial setting… I have no clue what this means..please help

Justin’s Answer
I don’t know how you offered a plea to the man; the prosecutor decides that. You will have to call the prosecutor’s office for more information on the case.

Dissolution of marriage

  

Dissolution of marriage
filed for dissolution of marriage and later recieved letter from judge that says its unable to grant the dissolution fail to state a claim upon which relief can be granted?

Justin’s Answer
It would be difficult to say where you went wrong, but I’d guess you filled out your petition incorrectly or didn’t file a required document. Divorce is quite complicated; I don’t recommend that attorney’s take divorce cases unless they know what they’re doing; a non-lawyer trying to make it through a divorce sounds horrifying. I’d suggest contacting a divorce attorney in your area if you want to try again.

Can I get changes dorp on my husband ? And can a cap warrant get dorp

  

Can I get changes dorp on my husband ? And can a cap warrant get dorp
My husband on p&p

Justin’s Answer
You cannot decided to drop or file charges; the prosecutor decides that. If you want to get a warrant search excluded, you should talk to an attorney in your area. That is must too complicated to describe on Avvo.

How do I go about petitioning the court 4 my license after my 5 yrs is up.do I have to pay an attorney or can I just file myself

   

How do I go about petitioning the court 4 my license after my 5 yrs is up.do I have to pay an attorney or can I just file myself
I lost my license in 2011 went to court in2013 on my DUI I lost my license for 5 years I’ve already went and got a Limited driving permit and now that my license can be reinstated I’m wanting to petition the court without a lawyer do I have to have a lawyer to petition the court or can I do the petition by myself and since my 5 years is up can the Judge actually deny my petition

Justin’s Answer
In theory you can do it yourself, but it is much easier if you hire an attorney. An attorney will know where and how to file it and which information the petition needs to have.

I just found out that I had court on the 7th for a violation of a protection order I never received or got arrested for or ticke

   

I just found out that I had court on the 7th for a violation of a protection order I never received or got arrested for or ticke
The guy upstairs is always on me for things I didn’t do because he wants his ways and free have it just in bad mood got a girlfriend or I won’t pay bills he’s fine thus the last 10 years but he has been false charges on me I went to jail and arrested on a warrant at I, what the heck I didn’t do it and now it’s going to supposed to get the restraining order and I heard it got nothing everything about it and then ticket bless this mess I think it says he’s with me on November 27th but that was a droppNovember 7th and now I just had and if not filed what can I do I’m hope I’m homeless and disabled

Justin’s Answer
It sounds like you will need an attorney to address this issue.

I filed a restraining order against my boyfriend and now I want to drop it, do I still have to go to court in Missouri ?

  

I filed a restraining order against my boyfriend and now I want to drop it, do I still have to go to court in Missouri ?
I want to drop the restraining order.

Justin’s Answer
If you don’tshow up to court after filing the order the judge will most likely dismiss it. If you’ve already showed up for a permanent order, you will have to take steps to have it dropped or amended.

Can I charge my wife with identity theft ?

   

divorced bills report a crime

Question 

We have been separated since Nov. 2017. My wife ordered things in my name without my permission or knowledge until I received the bills in the mail in July 2018 from 2 mail order catalogs. The divorce is not finalized yet. During the time of the order I was never at the home.

Criminal Defense Lawyer, R. Christopher Simons Answer
You cannot charge her with anything. However, you can call the police to report a crime; then the prosecutor will decide whether or not to charge her.

MO School bus law

  

MO School bus law
I got honked at yesterday for passing a school bus in the opposite direction on a four-lane road in St Louis. As far as I’m aware (and as the MO driving guide suggests), this is perfectly legal, but I’m worried sick that a report may be filed, given that I was honked at. Could you please confirm the law regarding this matter, and whether there will be a case?

Justin’s Answer
You must stop, even if coming from the opposite direction.

How can I be charged with my legal pistol as unlawful use of a weapon in somebody else’s drugs I knew nothing about

   

How can I be charged with my legal pistol as unlawful use of a weapon in somebody else’s drugs I knew nothing about
I got two felony charges one unlawful use of a weapon one controlled substance possession I was in the backseat of a loaner vehicle had no clue the drugs were in there I was compliant with letting the officer know I had my own legal firearm and paraphernalia in my pocket how can I get the charges dismissed or thrown out after I was going to be let go with my pistol before they proceeded to search the vehicle that I had no clue what contents were in it they pulled us over for failure to use a blinker while we were going straight through a intersection

Justin’s Answer
If you had paraphernalia in your pocket, then you cannot legally possess a gun. You should stop posing facts about your case and look for an attorney if you want to fight these charges.

Does Missouri suspend a drivers license based on an out of state administrative decision/suspension?

   

Does Missouri suspend a drivers license based on an out of state administrative decision/suspension?
Missouri resident with Missouri DL DUI in Kansas. Was placed on diversion for my criminal case, so no conviction. My Kansas administrative hearing is next week. If I lose the administrative hearing, will Missouri suspend my license? Or does Missouri only take action on a conviction since this happened out of state?

Justin’s Answer
Missouri honors suspensions from other states.

Can I have a 17 yr. Old boy arrested for having sex with my 15 yr old daughter?

  

Can I have a 17 yr. Old boy arrested for having sex with my 15 yr old daughter?
She lives with her mom and has been molested in the past year by her first cousin..and now she said she was to scared to say no so when the 17 year old had his way with her..but neither did she try to fight him off..she just let it happen and then tried to take her own life and has been in a physic ward the last week

Justin’s Answer
You can absolutely call the police. Missouri defines rape as sex without consent; being to scared to say no is NOT consent.

Will 33 year old father be charged with statutory rape.

  

Will 33 year old father be charged with statutory rape.
Mother was 15 years old, had consensual sex with 29 year old. Mother is now 18, child is almost 3 and mother is seeking child support. Can the courts charge father?

Justin’s Answer
You will have to speak with an attorney in your area to get a better answer, but I believe that the statute of limitations for this crime was 10 years in 2016, meaning the father can still be charged.

Can I take a 3rd degree assault that happened at work further than just pressing charges and filing a order of protection?

   

Can I take a 3rd degree assault that happened at work further than just pressing charges and filing a order of protection?
A guy at my job has assaulted me over the most ridiculous thing and I know I can take this way further than pressing charges and filing a order of protection but I need to know the step of action I should take.

Justin’s Answer
That depends on what you want to do. Depending on the circumstances, you can seek out an order of protection. You can also see about suing the person for battery, for which you will need a civil attorney.