SIS, DMV, DUI question in Missouri.

   

SIS, DMV, DUI question in Missouri.
I got a felony DWI 2nd degree assault on SIS probation and off in less then a month. Luckily the person was not harmed and besides some bruises and such. Well so I have a refusal to submit to a breath test with the DMV and the SIS at the state. Will the refusal to submit drop off when my assault charge does? Or is that separate from the SIS?

Justin’s Answer
The refusal to test is a civil action separate from the DWI charge and does not drop off. You will have to go through the procedure to get your license back. This is relatively straight forward and the MO DOR website lists the procedure, but if this is a felony DWI, you may have other issues holding it up. I suggest contacting a DWI lawyer in your area and asking for a consultation.

Unless you meant you were charged with a probation violation for failure to submit; that is a whole different can of worms that I would also recommend talking directly to an attorney for.

I am not going to trial for a dv i wrote a letter stating the fact its the wrong person

  

I am not going to trial for a dv i wrote a letter stating the fact its the wrong person
it was a year ago on the 4th of july i was intoxicated and a man name salvage jumped on me and i was walking by the police station and went in for help but i was crying and they showed me a picture of my guy and i got excited and said it was him when i gotten sober i realize it was not him and i went to the prosecutor and told him that and wrote a letter to the fact and one prosecutor stated they will drop the charges because they do not have any body that will be a witness i guess but they or still fighting it and i feel guilty because they or charging the wrong one

Justin’s Answer

If you feel guilty, you can go to trial and will have an opportunity to clarify what you meant. If you are subpoenaed for trial and do not show, you can be arrested.

How long can Walmart banned you from there store if not court order?

  

How long can Walmart banned you from there store if not court order?
Git caught shoplifting at moberly mo Walmart in 2014 and they say I can’t be in store

Justin’s Answer
As long as they want; it’s a private company. If you want access, you will have to contact a representative of Walmart and get written permission.

Harassment?

   

Harassment?
My dad had affair after 30 years. Long story short its been back n fourth harassment. The woman of affair went to court to file. This is all verbal/text harassment. My mom was at a resturant and lady came screaming yelling which altercated in “almost” physical but didnt. So no voilence acted. Do i need a lawyer or will result in restraining order?

Justin’s Answer
A lawyer can make this easier, but you do not need one. You can simply go to the circuit court and fill out the form requesting a restraining order.

Boyfriend arrested on domestic assualt with $150,000 bond. How’s the quickest way to get bond reduction?

   

Boyfriend arrested on domestic assualt with $150,000 bond. How’s the quickest way to get bond reduction?
My boyfriend and I got into an altercation at the hospital ER on 1-28-19. the police were called two separate times that evening. The second time they had me file fill out a statement, asked me if I wanted to press charges. I told him no but the prosecutor picked it up. He was arrested yesterday on 3-31-19 for 3rd degree domestic assault and his bond is $150,000. This will be his second charge for this. He pled guilty in 2017 and just received define. I don’t know where to even start to try to get him out on a bond that high. What should I do?

Justin’s Answer
Unless you are a lawyer, you cannot do anything to get the bond lowered. A lawyer, however, could file a motion for bond reduction.

What would be the reason if I got assigned a different prosecuting attorney?

   

What would be the reason if I got assigned a different prosecuting attorney?
I have a pending felony and it’s been going on for a year now had trial pushed back 3 times and just recently learned from case net I was assigned a different prosecuting attorney. What could the reason be and why wouldn’t my public pretender I mean defender mentioned it. Thanks for reading my question, have a good day.

Justin’s Answer
There is no need to insult your attorney. If you are already represented by counsel, you should ask them. There are plenty of reasons you have a new prosecutor, the most likely being the original prosecutor was assigned to a different department or the original prosecutor just got around to putting a subordinate on the case.

How and where do I fill out an affidavit of non-prosecution? I am listed as witness but never received papers to appear in court

  

How and where do I fill out an affidavit of non-prosecution? I am listed as witness but never received papers to appear in court
Daughter went to court tonight. Plead not guilty to DV. Next court date April 24th. Court papers state, “Hit across face with open palm hand”. I never pressed charges. This happened on October 20th. She went to jail that day and was out in 4hrs. I am listed as witness but never received papers to appear. Trying to get Attorney but not much time. This is an isolated incident in a good relationship. First time. What could happen? Will it help if I sign an affidavit of non-prosecution?

Justin’s Answer
Frankly, I’ve never heard of a prosecutor accepting such an affidavit. It is the prosecutor’s choice whether to press charges, not yours. If you do not wish to cooperate, you can contact the prosecutor’s office and inform them, but they are not bound by your wishes. They could order you to appear in court any.

Where do I locate a public defender for Domestic assault charge in St. Louis County MO?

  

Where do I locate a public defender for Domestic assault charge in St. Louis County MO?
My daughter appeared in court tonight and plead not guilty to DV which occurred October 20th 2018. Gave court date of April 24th. I am listed as witness but never received papers. I am the one who called police but did not press charges. Court papers state, “Hit across face with open palm hand”. My daughter was taken to jail. She spent 4 hrs there and was released. I just lost my job a month ago. Can someone please help…

Justin’s Answer

The court should have given your daughter that information. If not, she can ask the court on her next court date or just contact the local public defender’s office directly.

Can my friend charges be dropped or can we fight the?Whats the next step?

  

Can my friend charges be dropped or can we fight the?Whats the next step?
What the next step for me and my friend? He was transferred to a county jail by US Marshalls from a treatment facility. He has been there for two weeks and hasnt been advised of charges or seen a judge. Is there a time limit ? And what’s the next step?

Justin’s Answer
There is a time limit. Your friend needs to speak with an attorney to see that he is brought before a judge.

Can I be extradited to Missouri

   

Can I be extradited to Missouri
My friend got a dui in Jan. 2019 and had a previous one in 2012. The arresting officer charged it as a second dui, but the prosecutor charged it as a first.. She moved to south Carolina and missed the court date and there is a warrant for her.. Can she be extradited?

Justin’s Answer
She needs to speak with a SC lawyer about SC’s extradition policy, but generally, yes, she can be extradited. The charge doesn’t just go away.

Can a class C felony theft charge be dismissed at the request of the original complainant/property owner?

  

Can a class C felony theft charge be dismissed at the request of the original complainant/property owner?
Can the person who filed the police report decide to settle put of court or drop charges once the prosecutor’s office is involved? If not, will paying for the item in question (plus court costs and warrant fees) null it?

Justin’s Answer
No. The prosecutor decides to press charges, not the victim. However, if the victim is satisfied, they can contact the prosecutor’s office and let them know. Keep in mind, if you ask the witness not to cooperate, you can be charged with Witness Tampering. An attorney can help you work out such an arrangement without Witness Tampering.

Do I have to take a lunch in Missouri?

  

Do I have to take a lunch in Missouri?
I’ve searched many forums and I am unable to find a direct answer to this.

In Missouri – specifically the banking industry.

Does an employee have to take a lunch? Missouri does not mandate it. However, I was told it’s for OSHA.
Does OSHA override state law?

Can an employer disciple you for not taking a lunch.

Their policy states “ If your state does not require you to take a meal period, we recommend 30 mins” I feel like the key word is recommend.

Someone please provide clarity. Also include URLs if possible.

Justin’s Answer
Mr. Penell is correct so far as my knowledge of employment law goes. I do not know why Avvo selected me to answer this question, as I am not an employment lawyer.

If I get the restraining order dropped against the defendant(my boyfriend) Will the restraining order be dropped before our prom

   

You cannot get the restraining order dropped until the next court date, so it depends on where in the process you are. If your boyfriend has already lost the hearing and had a permanent order, then you will need to file the appropriate paperwork to cancel the protective order. If the hearing has not been held, you can show up at the hearing and request that the judge not apply a permanent order.

… Continue reading

What is my likely outcome?… sorry for the length

   

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What is my likely outcome?… sorry for the length
I’m in Missouri.
Have no priors.

I had a seizure at gas station.
Cops found an (one) adderall in my possession.
I also had 2 Tramadol on me, not in the bottle… but do have a script for the tramadol.

It is being labeled as a class D felony.

I call Sheriffs office daily for random UAs. Have only had one, which was clean.

What are the chances of getting the felony reduced to a misdemeanor? (Or is that a simple dream on my part?)
What is the likely outcome for my situation?

*Added info*
My late husband was an addict, and in drug court. He passed away in December by suicide. Exactly a month after his passing is when I was caught with the pill.
I’m sure you all have heard it countless times, but the pill truly wasn’t mine. I shouldn’t have been in possession of it, I do take responsibility for that.
I obviously should have gotten rid of it, but that day I was on my way to throw it on his grave where he took his life, out of anger.
*-I know the specifics and my reasons don’t matter but I ramble when nervous. And rather put out the entire story-*
Thanks for reading and any answers you can provide.

Justin’s Answer
You need to stop posting the facts of your case online and find an attorney in your area. No one can tell you the likelihood of getting a case dismissed or reduced until they have investigated your case. I can tell you that, in my area, it is possible to get drug felonies dismissed with treatment court, but offhand I have no idea if that’s possible in your area.

Does my Non- Conviction dwi show up on my background & MVR?

   

Does my Non- Conviction dwi show up on my background & MVR?
I have my class A CDL… With me out of work & looking for a new Truck driving job can the companies see the arrest and no conviction and will that hinder me from getting a job

Justin’s Answer
Depends on the company and how deep their background check is. If you got the case dismissed it is less likely to be a problem than if it is still pending. You should talk to a traffic or DWI lawyer in your area about the specifics.

Is this cause for a motion to suppress?

   

[evp_embed_video url=”https://kcdefensecounsel.com/wp-content/uploads/2019/07/A18.mov” autoplay=”true”]

QUESTION 

My son was pulled over and asked why he was in the area that he was. The cop stated his plate light was out and that the actual reason for the stop. 1 of his 2 plate lights worked. Plate is very well lit. officer ran his name and turned out he had a warrant un-beknown to us. He has no criminal background whatsoever I want to add. He placed my son under arrest for the warrant, nothing else was mentioned about the light, patted him down and asked what was in his pocket. my son admitted it was a pipe and grinder. The officer locked my son’s car and put the keys on the top of it. he then asked my son if he had anything else on his person. he said no but i do have weed in the console. cop leaned my son against his car and then unlocked it and got the weed out. then my son was taken to jail. isn’t there a statute that if the person is arrested for a charge that is anything other than what he was stopped for that any evidence found is inadmissible?

 

Criminal Defense Lawyer, R. Christopher Simons Answer

There MIGHT be argument for an illegal stop/search based on the plate light, but there is absolutely nothing preventing officers from using legally found evidence in multiple cases. You need to find an experienced criminal attorney to help your son in this case.

I’m out on bond I got a warrant for municipal Court why I’m out on bond for something else will they revocable my bond ?

   

Bail Bond Money

I’m out on bond I got a warrant for municipal Court why I’m out on bond for something else will they revocable my bond ?
I’m out on bond for a felony charge and I have a warrant for municipal Court which is just a city ticket

Justin’s Answer
The judge can revoke your bond for this. You should talk to a defense attorney about getting the warrant lifted.

Will I go back to prison for dui?

   

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Question: Will I go back to prison for dui?
I hit a car and drove off while drunk. I got pulled over and taken to jail. I’m on parole

Criminal Defense Lawyer, R. Christopher Simons Answer
Going back to prison is a possibility. You need to stop posting facts of your case online and talk to a defense attorney in your area today.