Category: KC Defense Counsel Articles

What should I do?

   

What should I do?
Back in Oct I met a guy that was 22 at the time I was 16. He knew my age and I knew his. We hung out a few times and then once I went to his house. One thing led to another and we ended up having sex. I didn’t want to. I told him no over and over but eventually stopped because I knew it was going to happen either way. So once I stopped saying no we had sex. I didn’t do anything but lay there and I had never had sex before and I got pregnant. In order to keep him out of trouble we told everyone that I lied and told him I was 17. I always felt like I hadn’t done enough to prevent having sex from happening because all I kept saying was no I didn’t want to and when I stopped is then when he started. So I feel like it’s my fault and he told me we would get through this together so I feel like it’s too late to tell my parents the truth and I don’t know what to do. I kinda don’t even feel like I was rapped because I wasn’t held down and forced to I just didn’t want to and told him no over and over. It wasn’t like the normal rape stories you hear about… I don’t know what to do

Justin’s Answer
What you are describing IS rape in Missouri. It is absolutely NOT your fault. It is not too late to tell your parents the truth and go to the police. I am sorry you had to experience this. Good luck to you.

If someone was serving a felony sentence in where they had served 120 treatment and released to serve probation or parole.

   

If someone was serving a felony sentence in where they had served 120 treatment and released to serve probation or parole.
Does their status of still actually being property of d.o.c. change the laws of statute of limitations or the right to a speedy and fair trial?
While I was on probation I slipped up and sod drugs to an undercover. That was July of 2016 . I wasn’t charged or even alerted to pending charges at that time. In fact I got a successful release from D.O.C in October 2016. The has been my clean date also because I figured if they had something on me they would have to charge me before release. Jan 2018 I was charged. I’m currently in preceding now. One page of discovery was given and an offer of 10 years. No other charge but the one , and like I said I was sure it was all in the past and my entire life is completely different from 2016.
How can the department of corruption I mean corrections have me as their property and not charge me before I was released? That doesn’t make sense to me. They shouldn’t have been able to successfully release me while I had committed an offense a felony. They are charging me as P.&P because of the aforementioned charges and charges I had gotten 20years before that. So the offer of 10 is great. Except reals

Justin’s Answer
The prosecutor has 3 years to bring charges for a felony; why they waited is irrelevant. You need to speak with a criminal defense attorney NOW. Posting insults and facts about your case online is not going to help you.

IF somebody filed a police report how much time do they have to file charges ?

   

charges police report file charges against

Question

Somebody filed a police report for being punched in the nose from a family member.  How much time do they have to file charges? Does it go away after 48 hours?

Criminal Defense Lawyer, R. Christopher Simons Answer
The state has 3 years for felonies, 1 year for misdemeanors, and 6 months for infractions to file their case. Domestic Assault is a serious charge as even a municipal conviction can restrict your 2nd amendment rights. Don’t talk about the case with anyone but an attorney.

When i have a ex parte against someone and they haven’t been served yet, can i tell them to stop contacting me?

   

When i have a ex parte against someone and they haven’t been served yet, can i tell them to stop contacting me?
My son’s father is abusive, i got a order of protection signed by the judge saying he shouldn’t contact me at all. He still is , and i know he hasn’t been served yet but it’s becoming annoying. What can i do? Can i tell him to leave me alone because of the ex parte? That might piss him off though, but i really want him to stop texting me.

Justin’s Answer
Ms. Merta’s analysis is excellent. I will add that, if you are feeling harassed, you are free to call the police and report the harassment. Non-emergency number unless you feel you are in danger.

Is there anything we can do to stop the harassment?

   

Is there anything we can do to stop the harassment?
I am currently living in a condo with my very close friend. She is currently on disability for medical and has a 10 year old son. She has been renting the condo for 5 years , and president of the condos has always started problems with her. Now that I am here things are worse. She has stopped neighbors and told them nasty things about my friend in the hopes to get her to move out. DFS has been called anonymously 5 + times, and no problems have been found. She has said things like”my friend is a drug addict” ,”don’t talk to her because she is bad news” , “Blank and her neighbor are making the condos white trash and it’s bringing down the value of the condos” ,” this isn’t a place for kids, they should be living in section 8”, Now,there is a new president and she has began to do the same thing. She has said things about both of us to many many ppl and now it has the whole neighborhood watching us. Also, I am threatened with the police if I have any guests and if I even walk outside to talk to anyone then she tells ppl I’m dealing drugs. I have many friends, and she has made it to where I fear the cops will be called if I even have guests at my house.

Justin’s Answer

You can apply for a protective order. Just go to the court of the city or county where you live and ask the clerk for a protective order. The are some forms to fill out, but the procedure is relatively straight forward. It sounds like this might fit the criteria for stalking, but without know more about your situation, I cannot tell you how likely a judge is to grant the restraining order.

You can also call the police to report the harassment. I’d suggest the non-emergency number.

If this doesn’t work, you have several legal options that an attorney can help with: I find that a strongly worded cease and desist letter is generally enough to make most aggressors back down. You might also consider a civil suit for slander.

Please remember that this is generalized information. You should probably speak with an attorney to get specific advise on your case.

I have been to court 5times, I want to know how many times can I put this off until I have to make a plea,,?

   

I have been to court 5times, I want to know how many times can I put this off until I have to make a plea,,?
I got driving under suspended driver licence ×2. Dangerious drugs by2, driving while under the influence,I also want to know can they charge a prescription drugs the same way as meth,

Justin’s Answer
It depends on what you have gone to court for and how the case is progressing. If you have just been requesting continuances to delay court, I would say your judge is already being patient and is likely to insist on moving forward shortly.

Missouri broadly classifies drug cases: possession of anything other small amounts of marijuana can be filed as a D felony. So, yes, they can charge prescription drugs the same as meth. However, if it was your prescription, you might have a defense to the possession case.

How can my girlfriend lock me out and change the doors without me knowing is thats right or wrong and I ask the landlord for a ?

   

How can my girlfriend lock me out and change the doors without me knowing is thats right or wrong and I ask the landlord for a ?
I was just getting off work late the other night and came to my girlfriend apartment were I live and the door was rekeyed and locked my belongings is in the apartments
What do I do

Justin’s Answer
This is a specific situation that would be difficult to answer in a single comment. There are a few scenarios where your girlfriend might be justified, but generally she would have to give you notice before evicting you in such a matter. Unfortunately, the solution is not a fast process. You should contact an attorney in your area for help. If you cannot afford one, Legal Aid of Western Missouri has information for people in your situation. http://lawmo.org/pro-se-tenant-defense-documents/

I received a DUI in MO, I am on supervision from a DUI a year ago, will this affect my previous case?

   

I received a DUI in MO, I am on supervision from a DUI a year ago, will this affect my previous case?
I am on super vision from a previous DUI in the state of MO. Will receiving a BUI affect my supervision?

Justin’s Answer
It probably will, however that will depend on the terms of your probation. Most probations generally have terms such as “obey all laws” or “have no repeat or similar convictions.” Either of which could be used to violate and revoke your probation. This matter is quite serious. A DWI attorney local to your area will be able to tell you more.

WhenWhen can statutory rape charges be filed who files them?

   

WhenWhen can statutory rape charges be filed who files them?
My son is 16 his girlfriend is 21 he got in trouble with juvenile probation while they were together he had to go away to 45 days of treatment and now um is facing up to a year in youth services are juvenile detention she will not leave him alone messages him constantly and keeps him stirred up constantly and is now talking about getting pregnant and then having a child how do we pursue some statutory rape charges on this girl

Justin’s Answer
If you feel that a crime is being committed you can always call the police. Based on what you’ve told me, this does qualify as statutory rape in Missouri.

Me and we got into a fight how many how much jail time is there for one two and three assault?

   

Me and we got into a fight how many how much jail time is there for one two and three assault?
We got into a fight she put her hands on me I put my hands on her she called the cops I got aggravated assault 1 2 and 3

Justin’s Answer
Those could be charged as A (10 to 30 years or life), B (5 to 15 years), D (up to 7 years), or E (up to 4 years) felonies, depending on how they are charged. You need an attorney to help you on this case.