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
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?
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?
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.
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?
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.
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?
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?
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.
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.
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 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?
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?
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?
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?
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?
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?
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 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.
