Category: Criminal Law Questions

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


 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


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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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.

My wife feigned assault when she came into our home with family to take stuff…should I be worried?


domestic violence Remove term: domestic abuse domestic abuse


Felony Probation For Child Support


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My ex boyfriend is on felony probation for child support his court date keeps getting postponed this will be the 3rd time he is supposed to be in court because probation is being revoked why do they not issue a warrant for his arrest.same ex boyfriend ran off with my 17 year old daughter and grandbabies which I found out that my ex boyfriend is the father of both girls what can I do to get this to move on this warrant so DNA test can be done because my daughter was 15 the first time she got pregnant and 16 the second time I’ve stated that I want to press charges against him for that

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What can my husband do after neighbor lied and charged him with harassment?


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Police  were called yesterday. Neighbor alleged that he’s been harassing her, she stated that  yesterday he was staring at her son in small pool outside. He wasn’t. She’s lying. Police took her side, called her victim. She’s been harassing us, yelling at us, banging on walls. He got summons for court.

Criminal Defense Lawyer, R. Christopher Simons Answer
If your husband has been charged with a crime, then he needs an attorney. I agree with Mr. Rafter that “she’s lying” is not going to be a good defense. However, an experienced attorney will know how to investigate the case to find the holes in your neighbor’s statements.