Category: Criminal Law Questions

Is there a way I can refuse these searches and possibly any court cases to back it up thank you

  

Is there a way I can refuse these searches and possibly any court cases to back it up thank you

My high school does a random drug search of the whole school using dogs and we are required put our backpacks in the hall where we cannot see them with the classroom door shut and are not permitted to get them until a school administrator says we can retrieve them I don’t have anything I shouldn’t but I still don’t like my stuff being searched at all and I know the 4th amendment is rather lacks when it comes to schools

Criminal Defense Attorney R. Christopher Simons Answer

The supreme court has gutted that part of the 4th amendment making a dog sniff not a search. They have done a series of supreme court cases in the past 5 years covering dog searches so the court cases are against you. Also being in a school limits your right to privacy.

Should I be worried about criminal theft charges?

   

Question: Some friends stole some alcohol from Walmart and a random lady “non-worker” followed them out to my car And took a pic of my license plate can a warrant be put out against me even if I technically didn’t steal anything just watched.
Criminal Theft Attorney R. Christopher Simons Answer

Yes, as an accessory. I agree with previous counsels statements.

 

Can I have sex with anyone above 17 in the state of Missouri when I’m at the age of consent?

  

Hi I’m a gay 17 year old in Missouri, I was wondering since I’m off age of consent that means I can have sex with anyone of any age above 17 right? I was wondering how it all works

Criminal Defense Attorney R. Christopher Simons

Yes anyone over the age of 16 subject to other restrictions including incest. However, sex with a minor can be tricky and family members have been known to get the minor to cry rape. Try sticking with your own age bracket. Www.speedingticketkc.com

Can a municipal court in missouri still charge you with the same offense if county prosectors denied charging?

   

invasion of privacy municipal court case municipal district charges court hearing

QUESTION

 I was accused of invasion of privacy in a municipal district and when turned over to county prosecutors office they refused to pursue charges and sent it back down to municipal court?

 

Criminal Defense Lawyer, R. Christopher Simons Answer

Yes they can, if both courts are of jurisdiction, one may make the charges within the statute of limitations.

Are public defenders reliable when fighting a criminal case? What are the pros and cons to then?

   

Are public defenders reliable when fighting a federal case? What are the pros and cons to then?

I am currently fighting a felony case with 9 counts and was appointed a public defender because at the time I couldn’t afford a private lawyer. It is a serious offense and seems like it could carry alot of time if convicted. Is it best to try and get my own defense lawyer or can a public defender get the same results?
This is my first offense

Richard’s Answer

Public defenders get a bad rap. Many of them are fantastic and in court or trial more than private attorneys. That being said it will depend on their experience and case load. Low experience high case load means little time for your case.

How much trouble? And I am for assault on my wife

   

How much trouble? And I am for assault on my wife

Can my wife got into an argument got out of hand she put her hands on me other hand my hands on her how much jail time am I going to have to do or can I do something to get out of it

Richard’s Answer

Depends on if it is a municipal or state charge and what the level of the charge is. All assault charges can carry jail time.

How much jail time for assault?

   

aggravated assault assault harm

Question

Me and my wife had gotten into it I got out of control I put my hands on her choke her how much jail time am I going to get if she does press charges ?

Criminal Defense Lawyer, R. Christopher Simons Answer

Depends on if it is municipal or a state charge and what level of charge. Also depends on the judge. All assault charges have the risk of jail time.

Restraining order

   

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Question

This is concerning a long and drawn out family dispute. However, recently things have escalated and I am in a difficult situation. Basically, I’m accused of domestic abuse by my mother and have a restraining order next week. I never laid a hand on the woman. She waited until I walked into her house and started screaming for neighbors. I left and a couple hours later she had scratch marks on her neck and police were at my house. It may sound somewhat far fetched but, you don’t know my mother. I just would like to know how to be prepared for this hearing. I have a great deal of support from friends and family members who know her. I was thinking just go in on a positive note with character references instead of bringing up the reason this all started. Which was, my mother stole an automobile from my sisters partner. When the owner pursued legal action my mother swore she would see my twin sister and I in jail. I’m assuming it would be best if we go into that if they proceed with charges against me. What is your opinion?

United States  |  Missouri  |  65672  |  Criminal Law

12/18/15, 1:02 pm

Criminal Defense Lawyer, R. Christopher Simons answer

My first suggestion is to hire a lawyer. That being said, your question surrounds you going to a hearing for what I am guessing is a restraining order. My suggestion is to not contest the restraining order and basically say, “these accusations are false and my mother has issues.” The hearing you are going into surrounds specifically her not wanting to see you. If that is the case and there are possible future charges against you, then you do not want to be around her and it would be best if you avoid contact in any form.

How to get video surveillance from a police department camera?

   

How to get video surveillance from a police department camera?

An incident happened outside of the police department and a bank where someone accuse me of a crime I know there should be video surveillance from the police department that picked up the whole incident can I ask the police to preserve it or do I have to go through an attorney or is all police surveillance public domain

Richard’s Answer

Hire an attorney and get them to file a motion to preserve the evidence. This is a serious crime that could effect your life forever. Treat it that way.