Category: Criminal Law Questions

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

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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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