Category: Criminal Law Questions

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

Question

Felony Probation For Child Support

   

felony charges, felony child support, felony child support arrears

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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Question

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.

How is it a Prosecutor plays a role in whether or not a bond is issued on a felony probation capias warrant?

   

Bond Reduction Criminal Lawyer

My fiancee was arrested on a possession posted a bond. A felony probation capias warrant came out a day later. His PO said he would not object to the judge lifting the warrant pending the outcome of the case. To just have our lawyer contact the judge. So Im wondering what role it is the prosecutor is playing in objecting to the lift of the capias. I understand his role in the initial charge which caused the violation which as a result the capias was issued but not understanding his role in the capias. Shouldn’t that be between Probation and Parole, the Judge and our Attorney?

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Will I have open warrants after I go to court and plead guilty?

   

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Question 

I have several warrants and would like to get them clear. One is a misdemeanor for exceeding the speed limit. How can I get this taken care of?

  Criminal Defense Lawyer, R. Christopher Simons Answer

Your options for lifting the warrants are as follows:
1. Find a bondsman and pay the bond.
2. Show up at court to pay the bond and hope they don’t arrest you first.
3. Surrender to police and let them arrest you.
4. Contact the court to see if they have an “amnesty” day where defendants can get their warrants lifted.
5. Hire an attorney and let them ask the judge to recall the warrants.

Am I a sex offender?

   

Am I a sex offender?
When I was a minor under 18 I masturbated a lot. I was always dressed but there were times when I would do it with my sister in the same room and she is younger than me. She never noticed really except for once but she didbt know that’s what I was doing. She never payed attention to what I was doing. I didn’t know it was wrong at the time to do it with others in the room. I’m worried that since I did it with another person in the room I’m a sex offender..

Does that make me a offender?

Justin’s Answer
Probably not. Most of the sex crimes require you to exposure yourself for gratification or to startle others; if you were just an ignorant kid you are most likely safe. If police ever ask you about it, tell them you want to talk to an attorney, then let the attorney sort it out.

I was convicted of a class B drug offense in Missouri (Mr Veits was my attorney) this was 19 yrs ago, and NO trouble since.

   

I was convicted of a class B drug offense in Missouri (Mr Veits was my attorney) this was 19 yrs ago, and NO trouble since.
I was convicted of a Class B felony( I think it was manufacturing meth) in Missouri, but I am from Indiana, I spent 6 months in a Missouri jail, but was only sentenced to 5 yrs probation, which I completed in Indiana,along with drug screening , and have not been in any trouble since. I have been married for 18 yrs and have raised a great son also. I also held a job at the same company for 16 yrs, until my husband was diagnosed with Alzheimer’s. I am only 53 and would love to see if I could qualify for an esungement with the new law just passed in Missouri. Also I had a GREAT attorney represent me at the time a Mr Dan Veits . What all would I need to do to see if I qualify for a expungement?Thanks Lisa Jeffries(Rakestraw) Deer

Justin’s Answer
You can just call an expungement attorney in your area and they’ll let you know if your conviction qualifies. Off the top of my head, I’d say it does qualify.

I just found out that I had court on the 7th for a violation of a protection order I never received or got arrested for or ticke

   

I just found out that I had court on the 7th for a violation of a protection order I never received or got arrested for or ticke
The guy upstairs is always on me for things I didn’t do because he wants his ways and free have it just in bad mood got a girlfriend or I won’t pay bills he’s fine thus the last 10 years but he has been false charges on me I went to jail and arrested on a warrant at I, what the heck I didn’t do it and now it’s going to supposed to get the restraining order and I heard it got nothing everything about it and then ticket bless this mess I think it says he’s with me on November 27th but that was a droppNovember 7th and now I just had and if not filed what can I do I’m hope I’m homeless and disabled

Justin’s Answer
It sounds like you will need an attorney to address this issue.

How can I be charged with my legal pistol as unlawful use of a weapon in somebody else’s drugs I knew nothing about

   

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.

Will I have a felony charge with an SIS?

   

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?

   

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.

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.

   

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 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?

   

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?

   

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 it legal for a officer? To blow you three times in a field sobriety check?

   

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.

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.

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

   

municipal charges dwi in oklahoma d dwi ticket court system

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.