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.

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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?

   

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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.

If I’m from Oklahoma and got a DWI in Missouri 7 years ago will the charge become null and void because of statute of limitation

   

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Question

In Oklahoma I received a DWI in Hannibal Missouri 7 years ago. The ticket states I must appear in court and it’s a municipal charge. Is there a statute of limitations that would allow me to get my license in Oklahoma?

Criminal Defense Lawyer, R. Christopher Simons Answer
No. The statute of limitation does not run while the case is being prosecuted and you are a fugitive from justice.

Do I have to take a UA at SATOP Level II (WIP)?

   

Will I have to take a UA at SATOP Level II (WIP)?
I had some drinks on Tuesday and I’m scheduled to take the WIP this weekend. Yes, I know, I shouldn’t have drank, I’ve been sober since Easter, but not a lot of my friends know, and we had a dinner party. (I’m not supposed to drink for first 6 months of probation). What happens if they test on Friday evening and I’m dirty?

Justin’s Answer
You may be tested. If you test positive, you may violate your probation and go to jail. You need to speak with an attorney about your case.

 

Will I have to take a UA at SATOP Level II (WIP)?

  

Will I have to take a UA at SATOP Level II (WIP)?

I had some drinks on Tuesday and I’m scheduled to take the WIP this weekend. Yes, I know, I shouldn’t have drank, I’ve been sober since Easter, but not a lot of my friends know, and we had a dinner party. (I’m not supposed to drink for first 6 months of probation). What happens if they test on Friday evening and I’m dirty?

Justin’s Answer
You may be tested. If you test positive, you may violate your probation and go to jail. You need to speak with an attorney about your case.

Does the judge have the right to state what the city or county would recommend without prosecutor present in the court room

   

Does the judge have the right to state what the city or county would recommend without prosecutor present in the court room
I got an driving while suspended and have been reinstated before court but at the time of court the prosecution was not present even though it was only my arraignment but I did ask what the city would recommend and the prosecution wasn’t present so the judge stated my license would be suspended for a year

Justin’s Answer
The judge was probably just informing you that pleading guilty to driving while suspended comes with 12 points and an instant suspension.

charged with a class A misdemeanor harassment for FB under fake account?

   

Harrassment

charged with a class A misdemeanor harassment for FB under fake account?
I am In Missouri. It’s almost 10 months old. I did get Discovery and only partial screenshots and statement was all had. Would that be all evidence using, or is there a real chance they would try to warrant fb for info on the deleted account? Being as it’s only a misdemeanor

Justin Hunt’s Answer
We cannot walk you through your case in these messages. You need to speak with a criminal defense attorney in your area.

 

Can charges be filed against my half brother and I for having a consensual relationship?

   

Can charges be filed against my half brother and I for having a consensual relationship?
I’m an emancipated 17 y/o and he is 19. We live in Missouri. My mother, who I managed to escape the custody of, recently found out about the relationship. She lost him to his father when he was 5 because of a drug problem, so we didn’t grow up together, and when I met him, taboo as it is, it was love at first sight. Nonetheless, she is threatening to file charges against us if he doesn’t drop me off at a homeless shelter by tonight. I wanted to know if this was possible or if there is anywhere else I can go to avoid jail time or worse.

Justin’s Answer
The above attorney is correct, but I will add that Incest with a half-sibling is an E-felony in Missouri, punishable by up to 4 years in prison.

 

Is there a chance my prior sentence to be reduced?

   

Prison Sentence Parole Probation Attorney

Is there a chance my prior sentence to be reduced?
I was charged with a Felony D for possession of controlled substance Except 35 grams or less of Marijuana, Misdemeanor for unlawful possession of Drug Paraphernalia, and Possession of Marijuana Synthetic Cannabinoid of 11-35 grams about a year ago in Daviess county, Missouri. I’m on an interstate compact living in North Carolina. About a week ago, I read a news article that Felony D charge for Cannabis can be dropped down to Misdemeanor. I am on SIS probation until September of 2020. Is it possible to drop the felony charge to a misdemeanor now? And what do I need to do to get my charges dropped?

Justin’s Answer
I am not familiar with any way to reduce the charge after you have pleaded and are serving probation.

 

I got false accused of rape but I didnt do it I losted my virginity when I was 19 and he was a virgin to

   

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I got false accused of rape but I didnt do it I losted my virginity when I was 19 and he was a virgin to
I got accused of rape I didnt do it what should I do.
Justin’s Answer
You need to speak with a criminal defense attorney in your area. You can click the “Find a Lawyer” button above to find one.

Is it safe to re-enter a store after being caught shoplifting and given trespass?

   

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[evp_embed_video url=”https://kcdefensecounsel.com/wp-content/uploads/2019/07/A50.mov” autoplay=”true”]
 Question:Is it safe to re-enter a store after being caught shoplifting and given trespass?
When I got caught shoplifting, they got my picture obviously. I was then told to leave and that I was no longer allowed on the premises. No police were involved that I know of. It has been nearly three weeks now, so i doubt anything will come of this. Is it ever safe to return to that store, even after waiting a year or so?

 Criminal Defense Lawyer, R. Christopher Simons answer:
It is not safe. The tresspass warning is valid until removed. You will have to get permission from the store owner or manager to go back on the property.

Challenging breath or blood tests in DUI case in Missouri

   

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop every driver at a checkpoint. There must be an established pattern for stopping motorists. However, the police do not need reasonable suspicion to stop a vehicle at a sobriety checkpoint in Missouri. These checkpoints can be set up at any time though they are common during weekends, holidays, late nights and early morning hours.

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Challenging BAC test results associated with breath tests/Breathalyzers

   

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At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop every driver at a checkpoint. There must be an established pattern for stopping motorists. However, the police do not need reasonable suspicion to stop a vehicle at a sobriety checkpoint in Missouri. These checkpoints can be set up at any time though they are common during weekends, holidays, late nights and early morning hours.

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Drunk Driving Defenses in Missouri

   

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop every driver at a checkpoint. There must be an established pattern for stopping motorists. However, the police do not need reasonable suspicion to stop a vehicle at a sobriety checkpoint in Missouri. These checkpoints can be set up at any time though they are common during weekends, holidays, late nights and early morning hours.

… Continue reading