Category: Criminal Law Questions

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

   

elony possessionRemove term: felony possession of a controlled substance felony possession of a controlled substanceRemove term: felony possession of paraphernalia felony possession of paraphernaliaRemove term: felony possession sch felony possession schRemove term: felony possess sch vi cs felony possess sch vi csRemove term: felony possession of a firearm texas felony possession of a firearm texasRemove term: felony possession of ammunition felony possession of ammunitionRemove term: felony possession of controlled substance felony possession of controlled substanceRemove term: felony possession of a firearm california felony possession of a firearm californiaRemove term: felony possession of stolen property felony possession of stolen propertyRemove term: felony possession of a controlled substance missouri felony possession of a controlled substance missouri

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.

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.

 

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

   

shoplifting, shoplifting charges, shoplifting laws, shoplifting laws in missouri, shoplifting lawyer cost, shoplifting lawyers

[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.

Refusing a Breathalyzer /Blood Test in Missouri

   

Refusing a Breathalyzer

Under Missouri’s Implied Consent law, drivers operating motor vehicles on public highways in Missouri are obligated to submit to breathalyzer/blood tests whenever pulled over for suspected drunk driving. Typically, the breathalyzer/blood tests are part of a drunk driving investigation meant to determine a driver’s blood alcohol concentration. Refusing to take chemical tests as provided in sections 577.019 to 577.041 of Missouri legal statutes may lead to automatic suspension of a driver’s license.

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Sobriety Checkpoints 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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Alibi Defense in Missouri

   

Alibi Defense

An alibi is a defense in criminal cases whereby a defendant demonstrates that he or she was somewhere else other than the scene of the crime at the time the alleged crime took place. In an alibi, a defendant is simply arguing that it is impossible for him or her to have committed the crime because they were at a different place at the time the crime was supposedly committed. A successful alibi rules out the defendant as the perpetrator of the offense

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THE CRIMINAL DEFENSE OF SELF-DEFENSE IN MISSOURI

   

Self-defense is a criminal defense that can be raised by criminal defendants who inflict serious harm on another person and they believe that they were justified in doing so. This defense can be raised in crimes such as murder, assault, battery and others where the accused responded to the threat of force or violence from the victim. While Missouri laws prohibit the use of force and violence against other persons, they equally allow individuals to use reasonable and proportionate force to protect themselves from imminent harm. Therefore, inflicting serious harm or even killing an assailant may not be considered a criminal act when the defendant reasonably believes that his or her life is at stake.

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Steps to get your Missouri driver’s license back after Alcohol Related Suspension

   

Alcohol Related Suspension

A person whose driver’s license is suspended by the Missouri Department of Revenue may have his or her driving privileges reinstated after the suspension period is served. Under section 302.281 (4) of Missouri laws, there are specific steps that must be completed in order to get a suspended driver’s license back. The requirements may vary based on the nature of the offense and the kind of suspension in effect. Typically, offenses that are deemed greater or severe will have stricter requirements. The following are the steps to follow

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SENTENCING GUIDELINES IN MISSOURI

   

Missouri Prison Sentencing Guidelines

The Missouri Department of Justice in collaboration with the Missouri Sentencing Advisory Commission has established a well-defined set of sentencing guidelines that govern the imposition of minimum and maximum punishments for different crimes while considering the facts and circumstances of individual cases.  These guidelines propose the appropriate sentence disposition and the range within which an authorized sentence can be set. 

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PRACTICAL APPLICATION OF MIRANDA RIGHT

   


No doubt, incidence knock on our doorsteps without prior notice; if one happens and the next statement you heard is “you have to remain silent, anything you say can and will be used against you in a court of law; you have the right to an attorney, if you cannot afford an attorney, one will be provided for you?” How would you bring yourself out of such an ugly situation? There is usually a way out; consult with a criminal lawyer or a defense attorney as fast as possible.
Many times, we knowingly or unknowingly run into law-breaking incidences and this may call for an arrest or being held in police custody. There is a particular statement issued by the police during the course of the arrest; this pronouncement is known as the Miranda Warning.
The Miranda warning or pronouncement is a common warning issued by police to criminal suspects in their custody informing them the right they have to silence during interrogation that is; they have the right not to answer questions or give information to law enforcement agency or any other official.
As frightening as this statement is, it is a right given so that a suspect would not implicate himself during the course of an interrogation; although, not everyone knows the practical application of the right.
HOW MIRANDA RIGHT WORKS
One may ask, what is the purpose of this right and how is it applicable to criminal suspects in police custody. Justice demands that everyone should have the right to speak without fear or favor which also extend to criminal suspects; which means a trial must take place before they are convicted or acquainted depending on the outcome of the trial.
However, it is always difficult for criminal suspects to defend themselves without fidgeting or altering implicating proceedings during questioning, and for their rights not to be infringed on, they are given a Miranda right; that is, the right to a defense attorney.
When eventuality occurs and one is a criminal suspect, the dominant thought in one’s mind will be how to get out of the ugly incidence; what you need to do is to take a chill pill and contact your defense attorney. The intervention of an experienced criminal defense lawyer goes a long way in curtailing any form of self-implicating statement suspects may profess during the course of an interrogation.
How Miranda warning is used varies depending on the law guiding each city. Missouri is one place that is dominated by police to maintain law and order. A situation may arise where you would be subjected to questioning or interrogation; you need to know your right, allow a criminal defense lawyer do the bidding in your stead.
The Missouri criminal defense attorneys handle issues involving reckless driving, moving violations, drug crime, license suspensions, and other related offenses. Reach out to a qualified … Continue reading

Do I Plead Guilty or Not Guilty?

   

Criminal Defense Not Guilty

What is the most likely outcome of my court date tomorrow?

I have used all my allowed continuances and tomorrow 7/18/18 @ 6:00pm is my court date where I’ll have to plead either guilty or not guilty to 3 charges. 1. Leaving the scene of an accident. 2. Very small amount of marijuana possession. 3. Not sure what it’s actually called but as I was pulled out of my vehicle to speak with Overland PD someone in the back seat tossed an eye glass container with an unknown substance into my driver side floor board. I was told it would be sent to a lab to test what it is. Now I am NOT guilty of the unknown substance charge whatsoever they could dust it for prints and mine will not be there. The insignificant amount of marijuana I am guilty of. The accident was more like our mirrors tapped in road rage while the other driver drove on the wrong side of the road to get around me. I’m not sure what to plead or what to expect, I am currently looking for work and can not afforded hire an attorney unfortunately.

Attorney Justin C. Hunt Answers

Best Answer
I am assuming that the judge either took your plea or you went to trial. It’s also possible that the judge set the trial for a later date. If you have more time, hire an attorney to keep this off your record. If you did plead guilty, it’s not too late! An attorney can attempt to set aside your guilty plea and work out a new arrangement to keep this off your record. Contact a local attorney for more information.

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CRITICAL MOMENTS NEED A CRIMINAL DEFENSE LAWYER

Questions & Answers Series-DUI/ hit and run..now what

   

Criminal Defense Not Guilty

First, stop posting facts of the case online. Second, your husband will probably need to hire a DWI attorney. At this point, the government has already started two different actions against your husband: a criminal action for the DWI/ hit and run, and a license revocation for testing over .08. These are 2 separate issues that you will need to fight.

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Can a Felon Go To A Gun Range?

   

GUN-facebook

Can I go shoot a gun with a friend I’m a convicted felon of a non violent crime I was released in 2011? I have my voting rights back I just don’t want to get in trouble

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