Category: Criminal Law Questions

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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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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