Category: Criminal Law Questions

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

   

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?

   

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 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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