Will I have a felony charge with an SIS?

   

Will I have a felony charge with an SIS?
I am currently going to court on a Class D felony 2nd Degree Domestic Assault and a Class E 3rd Degree assault. I have been offered a plea deal of dismissing the assault charge and getting an S.I.S. on the domestic charge with probation. However, I am currently CNA certified and hoping to go though the police academy at a later date. I am still confused as to if taking this S.I.S. will disqualify me from things a felony would disqualify me from and if it would show as a guilty charge on a background check.

Justin’s Answer
If you have a plea deal, that suggests you have an attorney. You will have to ask your attorney to answer this question.

Is it possible to get a restraining order against a family member who had verbally threatened you more than once?

   

Is it possible to get a restraining order against a family member who had verbally threatened you more than once?
My cousin calls my grandma verbally threatening to harm me for the second time in a year. Over the past 5 years the cops have been called numerous times due to him doing the same thing.

Justin’s Answer
It sounds like you’d qualify. You can request a protective order at the local court house.

My question is. If the prosecutor had solid evidence why keep pushing my trial date and consider a lesser charge?

   

My question is. If the prosecutor had solid evidence why keep pushing my trial date and consider a lesser charge?
Alright I’m fighting a 3rd tampering with a motor vehicle and it’s been rescheduled twice with the prosecutor not opposed to pushing it back months. If they had this imaginary solid evidence why keep pushing my trial off and why consider dropping it to tampering 2nd.

Justin’s Answer
There are plenty of reasons the prosecutor could be pushing this back, all of them speculative. We’d need to know more about your case to answer this question effectively. Don’t post facts of your case online; talk to a local criminal defense attorney.

Driving on suspened license and on probation

   

probation suspended license probation suspended sentence probation suspension probation suspension missouri suspended license dwr/dws missouri dwi missouri laws

Question 

I am on probation for DWI  and a  suspended license. I got caught driving again I was  driving my car that was not licensed or insured at the time . I am concern about  what can happened to me this time I  currently  in  the state  of Missouri?

Criminal Defense Lawyer, R. Christopher Simons Answer
You need to stop posting the facts of your case online and find a criminal defense attorney in your area. You can be removed from probation and jailed on the original DWI and DWS as well as convicted on the new charges.

Can a 15 year old date a 17 year old in Missouri?

  

Can a 15 year old date a 17 year old in Missouri?
I’m 15 and my boyfriend is 17, there is no sex, only occasional hugs and kissing. We talk for hours on end and play games on pc and console all the time, and his parents want us to break up because of the age difference, I really love him and I’m scared I’m gonna lose him, help?

Justin’s Answer
There is no crime specifically prohibiting this, but your boyfriend’s actions could fall under “Endangering the Welfare of a Child.”

Shoplifting, police were called but did not show up in a reasonable time and I was let go. Should I expect the police to arrest.

   

Shoplifting, police were called but did not show up in a reasonable time and I was let go. Should I expect the police to arrest.
I was held by LP officer for shoplifting. They called the police but they had not shown up and had been held for 4 hours at that point so I was let go. It was my first offense but am I to expect the police to come to my home and arrest me?

Justin’s Answer
You can still be charged. The statute of limitations on shoplifting is measured in years, not hours. Stop talking about your case on line and find a lawyer.

 

I have never been in trouble before and I have charges against me that I don’t understand and I am trying to figure out what to

   

I have never been in trouble before and I have charges against me that I don’t understand and I am trying to figure out what to
I have a charge of stealing and two counts of child endangerment and two counts of child nelgect and I am scheduled for a trail next month and when I asked them about appoint me a attorney they said they don’t appoint attorney because I am have no felony charges against me and that I want an attorney then I would have to hire one

Justin’s Answer
No one can give you more information in a public chat session. You will have to contact a defense attorney directly. I can tell you that being charged with a felony is not the standard for having an attorney appointed; if the prosecutor is seeking jail time, you have the right to an attorney.

Can can I return to Walmart after caught shoplifting 7 years ago?

   

Can can I return to Walmart after caught shoplifting 7 years ago?
My son was caught shoplifting from Walmart 7 years ago spent 90 days behind bars wasn’t even officially caught stealing they couldn’t see my camera or anyting but they still charged him with a crime because he has some things in his pocket so can he ever go back into a Walmart

Justin’s Answer
If they have told you to stay away, that does not expire (unless they gave you an order that says otherwise).

What should I expect for 2nd Dwi 5 yrs from 1st?

   

What should I expect for 2nd Dwi 5 yrs from 1st?
The case is in St.charles,mo state court I already took steps and have ignition interlock on my car for past 6 months for hardship license. I have been doing great with my IID monthly reports. My first case was amended to littering in a municipal court and I completed my 2 YR SIS without any violations.

Justin’s Answer
You need to speak with an attorney directly. DWI as a second offense comes with mandatory jail time which is difficult to avoid.

is there a max sentence for armed criminal action?

   

is there a max sentence for armed criminal action?
My brother was sentenced to 250 years for armed criminal action when he was only 22. Has any laws changed in the past 20 years or is it possible for him to be brought back in front of a judge?

Justin’s Answer
There have been many changes to the law, but I cannot think of anything that will change a 250 year sentence.

 

Is it legal for a officer? To blow you three times in a field sobriety check?

   

Is it legal for a officer? To blow you three times in a field sobriety check?
I was pulled over for lights out infraction on vehicle, officer said you smell alcohol when I roll down my he then asked for my ID and requested I follow him to his vehicle. Where he did the breathalyzer test.

Justin’s Answer
Yes. He can ask you to test as many times as he wants to get a valid sample. You are free to refuse the test at risk of your license. If you’ve been charged with DWI as a result of this, it’s not too late to fight it! Find a DWI attorney now.

Will i get in trouble if my ex boyfriend who had out a restraining order on me is the one begging me to come back?

  

Will i get in trouble if my ex boyfriend who had out a restraining order on me is the one begging me to come back?
7 months ago me and my boyfriend of 9 years got in a fight. He was also abusive to me for a few years. However the night in question,i remember him hitting me and after that i dont remember. All i can remember is talking to the cops outside and they informed me i stabbed him(was not life threatening) just a jab. He was in hospital a couple days-yes from wound but mainly for high blood pressure( which he never took care of). I spent two months in jail and he put money on my books while in there. When i got out of jail he was the one who contacted me begging me to come back and would not give me peace. He keeps asking me to move back in with him. I have had contact with him, and my court day is coming in a couple weeks. Will i get in trouble for breaking order even if he wants it dropped?

Justin’s Answer
If you have an active restraining order against you, you may not contact him. He cannot decide to just drop it without appearing in court. In fact, I’ve seen ex’s pretend that everything is fine only to immediately call the police for a restraining order violation to trap the person.

Do I need a lawyer for failure to appear in court for fines?

  

Do I need a lawyer for failure to appear in court for fines?
I have a warrant for failure to appear. The court date was for not paying fines in Jackson County Missouri.

Justin’s Answer
Depends on the situation, but, generally, if you’ve already plead guilty and just have to pay the fines, you can just pay online and the warrant will be recalled. There are some situations that require a court appearance, however, and a lawyer can be useful for that.

I was served with an out of state protective order. Do I need an attorney.

  

I was served with an out of state protective order. Do I need an attorney.
I am not sure how this affects my record. The person who filed is not being completely truthful. How can I say my side of what happened?

Justin’s Answer
The order should have a court date on it. You need to figure out where the hearing will be held and attend, preferably with a local attorney representing you. If you do not respond, the protective order will be granted by default and will last for several months to a year. During this time, the active protective order will appear on your record, you will not be able to own, purchase, or possess firearms, and there are several other possible consequences.

How long after being bullied repeatedly can I press charges ?

   

How long after being bullied repeatedly can I press charges ?
The girl that was bullying me pressed charges on me for hitting her but she repeatedly kept calling me names and shoving me in the bathrooms and call me deaf which I’ve had multiple surgeries on my ears cause I can’t hear well but this was back in December 14 can I still press charges

Justin’s Answer
You can still report this to police; the statute of limitations for misdemeanors has not expired. However, if you have charges against you, you need to contact a defense attorney. It sounds like you have a valid claim of self-defense, but it will be difficult to raise this defense on your own.

How do I get a paraphernalia ticket dismissed with incorrect information?

   

How do I get a paraphernalia ticket dismissed with incorrect information?
I was given a ticket for possession of marijuana paraphernalia and appeared at court today and wasn’t on the docket. The prosecuting attorney hasn’t filed the ticket apparently, but my name is not right on the ticket nor does my address match that of my ID. The only info the officer got right was my license number, birthday, and first name.when I asked about it the court told me to go home and I had to insist they take my address so I can be sent a summons for court if/when it’s filed. How do I get this dismissed and over with

Justin’s Answer
No one can tell you how to get a ticket dismissed over Avvo. I would suggest contacting a criminal defense attorney in your area to see if they can get it dismissed. As the above attorney says, that is not something that usually results in a dismissal, but there are other ways to get it dismissed.

What can I do if my child other parent refuses to pay court ordered child support?

   

What can I do if my child other parent refuses to pay court ordered child support?
The other parent will get a job for 1-3 months, quit, and work under the table (or not work at all). His excuse is always that he either cant make enough to support himself much less a child when I’m usually making less than he is. he will also state that I have angered him in some way and this is my punishment. I have sent proof of this to the case worker four years now and yet still nothing has been done. Is there something I can file to take him to court for refusing to pay child support like this?

Jordan’s Answer
Child support is an Order of the Court and if he refuses to pay your can file a Motion for Contempt Citation, which could result in jail if he has had the ability to pay you child support and he just refuses to. You can also reduce the amount of support that he owes to a Judgment against him and attached his back accounts, wages, real estate or other assets in order to get paid. I would advise you to speak with a family law attorney if you need help.

Am I looking at jail time? Court in 3 hours! Got no response yesterday?

  

Am I looking at jail time? Court in 3 hours! Got no response yesterday?
I tried this already but got no feedback! I have used all my allowed continuances and today 7/18/18 @ 6:00pm is my court date where I’ll have to plead either guilty or not guilty to 3 charges. 1. Leaving the scene of an accident. 2. Very small amount of marijuana possession. 3. Not sure what it’s actually called but as I was pulled out of my vehicle to speak with Overland PD someone in the back seat tossed an eye glass container with an “unknown controlled substance” into my driver side floor board. There were 3 passengers in my vehicle. I was told it would be sent to a lab to test what it is. Now I am NOT guilty of the unknown substance charge whatsoever. The “accident” was more like our mirrors tapped in road rage while the other driver drove on the wrong side of the road to get around me. I’m not sure what to plead or what to expect. Thanks for your time!

Jordan’s Answer
You are probably not going to serve any time even if you plead guilty, but I would consult a lawyer anyways. Pleading guilty to leaving the scene of an accident can lead to the suspension of your license. An attorney can most likely work out a plea agreement to avoid the suspension of your license.

How can I find out if my minor child has a warrant without implicating them? If no way to safely do so, how long till an arrest?

  

How can I find out if my minor child has a warrant without implicating them? If no way to safely do so, how long till an arrest?
My minor child could have possibly been involved in a couple of kids being in a neighborhood backyard and has been accused of having something in their hands when seen. Someone other than the property owner has since stated they are going to sign a warrant to have my child and another child brought in. This person states they physically saw those involved.

Jordan’s Answer

Typically an attorney will be able to search a database for a person’s active warrants. It varies from court to court, but most have a case lookup function that should list a warrant. You can look for an attorney online that gives free consultations and he might be able to check for a warrant.

Is there any way I can move out at 17?

  

Is there any way I can move out at 17?
Mom controlling too much and mentally abusive. I’m in highschool with a job and a car

Jordan’s Answer

Most states allow a minor to seek emancipation but it is largely dependent on the findings of the Juvenile Court officer. The process would likely take at least a year. It is probably better and easier to wait until you turn 18.