Category: KC Defense Counsel Articles

My wife placed an ex-parte against me and our initial hearing is tomorrow. If neither of us goes to court, what will happen?

   

My wife placed an ex-parte against me and our initial hearing is tomorrow. If neither of us goes to court, what will happen?
Her father and I had a physical altercation but no charges were filed. She had went to the sheriff’s department and filed for an order of protection in an attempt to keep me away from our home.

Justin’s Answer
If she does not go, the case will usually be dismissed, but may also be continued to another date. If you do not go, you could lose by default. You cannot ask her not to go.

I can i get my dicovery of my alleged crime?

  

I can i get my dicovery of my alleged crime?
i got into a car with some guys i just might, low and behold the car was stolen but i did not know that. im innocent

Justin’s Answer
Yes, you are entitled to discovery. Your attorney will know how to do this for you. Do not post any more information about your case.

Will I go to jail for my first offense?

  

Will I go to jail for my first offense?
So Monday December 17 I was stupid and brought my BB gun to school. I had no intention on hurting anyone I was just showing my friend. I was caught and now the school is charging me. This is my first offence. I turned 18 on December 11th. Will I be going to jail?

Justin’s Answer
This is a very serious offense. You should stop talking about the facts of your case online and look for an attorney in your area. Yes, you are possibly facing incarceration for this case.

What steps to take to change my Tier status on the sex offender registry? I strongly believe I am listed incorrectly.

   

What steps to take to change my Tier status on the sex offender registry? I strongly believe I am listed incorrectly.
As of 17 yrs of age I have 4 counts of possession of child pornography. Due to the new law in Missouri, I believe I should be listed as a Tier 1 offender. I am publicly listed as a Tier 3 offender. I verbally asked the sheriff office why the tier 3 status and they said it was because of “multiple” charges of child pornography. To my understanding, the new law does not state that multiple charges automatically makes me a Tier 3 offender. Possession of child pornography is classified under the Tier 1 section of the law. I have sent letters via certified mail to both the county prosecuting attorney and sheriff’s office over a month ago to request a change of my tier level status or provide an explanation as to why I am a Tier 3 but I have not received a response. My wife and I are struggling financially and cannot afford a lawyer by any means, but I will get a lawyer if I have to. Is there anything I can do to change my Tier status before needing to hire a lawyer? Thank you. – – Please correct me if my understanding is incorrect.

Justin’s Answer
This is a difficult question to answer over the internet. I would suggest contacting an attorney in your area.

Where to start to get the correct paperwork??

  

Where to start to get the correct paperwork??
Im going to file for a motion to set aside my guilty plea to a driving while suspended that now is going to revoke my license for a year. Where do i start to get the correct paperwork to do this? Cant afford an atty and have only one week until license is revoked.

Justin’s Answer
There usually are not forms available for such a motion. Plus, an attorney cannot use Avvo to walk you through the process. You will have to contact an attorney in your area if you want help with it.

Can i ask a judge for a motion to set aside by myself?

  

Can i ask a judge for a motion to set aside by myself?
Plead guilty to dws in dec. Two days later got letter from dmv saying jan 10 i would be revoked for a yr due to point accumulation. Can i go to court by myself or do i have to have an atty?

Justin’s Answer
Motion practice is often times nuanced and statutorily complex. In your situation, contacting an attorney would help you evaluate your chances of success and minimize the possibility that the filing is done incorrectly. An attorney may be able to offer you alternative options to get you closer to a legal driving status.

How to testify on my boyfriends behalf to help my boyfriend?

   

How to testify on my boyfriends behalf to help my boyfriend?
I’ve been subpoenaed to court to testify as a witness for St of Missouri against my boyfriend for charges I didn’t want to press when I was asked. He didn’t hit me. I was under medication during time of incident and may have exaggerated to the scene and added to it because I was mad

Justin’s Answer
You do not get to decide what testimony to give. The attorneys or defendant will ask you questions, and you must answer honestly under penalty of perjury.

 

Will I be able to purchase and sell an investment property without my husband gaining proceeds? I am a victim of domestic abuse.

   

Will I be able to purchase and sell an investment property without my husband gaining proceeds? I am a victim of domestic abuse.
So long story short, my husband abused me and I received a full order of protection a month ago and plan on a divorce as soon as possible. I want to purchase an investment property in my name and re sell it. How can I avoid my soon to be ex husband having a right to either the property itself or a share of the proceeds? We’ve been apart for several months and the full order of protection bars him from entering my apartment that he and I used to live in together. Thanks for the help.

Justin’s Answer
The previous attorney is correct: real property purchased during the marriage becomes marital property. There may be ways around that, but you will have to talk to a real estate or family law attorney.

 

How hard will it be to get 2nd degree burglary purged from my record

   

How hard will it be to get 2nd degree burglary purged from my record
I was convicted of 2nd degree burglary in 2014 I was sentenced to 4 years in the department of corrections I completed the sentence in November 2018 and I want to pursue a job as a nurse and need to fix my record

Criminal Defense Lawyer Justin’s Hunts Answer
I agree with the attorney above, however, I will add that how hard it will be depends on how you go about it. If you try yourself, it will probably be difficult. However, if you hire an experienced expungement attorney, it will be much easier.

 

How can I get my boyfriend out of jail?

   

How can I get my boyfriend out of jail?
My boyfriend is being charged for resisting arrest. well when the first court date came around he had no idea about because he was in prison for a parole violation. It’s not like he missed the court date on purpose. I am wondering if the judge might reduce his bond or will they make him stay in there till the case is over

Justin’s Answer
You can pay his bond or hire an attorney for him who will attempt to get the bond reduced. If you try to get the bond reduced, you will be practicing law without a license. Do not do that.

We offered a plea deal… No word on if he took it or not… Now online it says plea/trial setting instead of hearing setting.

  

We offered a plea deal… No word on if he took it or not… Now online it says plea/trial setting instead of hearing setting.
Its for my daughter… She does not want to go up in fron of the man who molested her. We offered him a plea dont know if he took it or not but now instead of hearing trial set it says plea/trial setting… I have no clue what this means..please help

Justin’s Answer
I don’t know how you offered a plea to the man; the prosecutor decides that. You will have to call the prosecutor’s office for more information on the case.

Dissolution of marriage

  

Dissolution of marriage
filed for dissolution of marriage and later recieved letter from judge that says its unable to grant the dissolution fail to state a claim upon which relief can be granted?

Justin’s Answer
It would be difficult to say where you went wrong, but I’d guess you filled out your petition incorrectly or didn’t file a required document. Divorce is quite complicated; I don’t recommend that attorney’s take divorce cases unless they know what they’re doing; a non-lawyer trying to make it through a divorce sounds horrifying. I’d suggest contacting a divorce attorney in your area if you want to try again.

Can I get changes dorp on my husband ? And can a cap warrant get dorp

  

Can I get changes dorp on my husband ? And can a cap warrant get dorp
My husband on p&p

Justin’s Answer
You cannot decided to drop or file charges; the prosecutor decides that. If you want to get a warrant search excluded, you should talk to an attorney in your area. That is must too complicated to describe on Avvo.

How do I go about petitioning the court 4 my license after my 5 yrs is up.do I have to pay an attorney or can I just file myself

   

How do I go about petitioning the court 4 my license after my 5 yrs is up.do I have to pay an attorney or can I just file myself
I lost my license in 2011 went to court in2013 on my DUI I lost my license for 5 years I’ve already went and got a Limited driving permit and now that my license can be reinstated I’m wanting to petition the court without a lawyer do I have to have a lawyer to petition the court or can I do the petition by myself and since my 5 years is up can the Judge actually deny my petition

Justin’s Answer
In theory you can do it yourself, but it is much easier if you hire an attorney. An attorney will know where and how to file it and which information the petition needs to have.

I filed a restraining order against my boyfriend and now I want to drop it, do I still have to go to court in Missouri ?

  

I filed a restraining order against my boyfriend and now I want to drop it, do I still have to go to court in Missouri ?
I want to drop the restraining order.

Justin’s Answer
If you don’tshow up to court after filing the order the judge will most likely dismiss it. If you’ve already showed up for a permanent order, you will have to take steps to have it dropped or amended.

Can I charge my wife with identity theft ?

   

divorced bills report a crime

Question 

We have been separated since Nov. 2017. My wife ordered things in my name without my permission or knowledge until I received the bills in the mail in July 2018 from 2 mail order catalogs. The divorce is not finalized yet. During the time of the order I was never at the home.

Criminal Defense Lawyer, R. Christopher Simons Answer
You cannot charge her with anything. However, you can call the police to report a crime; then the prosecutor will decide whether or not to charge her.

MO School bus law

  

MO School bus law
I got honked at yesterday for passing a school bus in the opposite direction on a four-lane road in St Louis. As far as I’m aware (and as the MO driving guide suggests), this is perfectly legal, but I’m worried sick that a report may be filed, given that I was honked at. Could you please confirm the law regarding this matter, and whether there will be a case?

Justin’s Answer
You must stop, even if coming from the opposite direction.

Does Missouri suspend a drivers license based on an out of state administrative decision/suspension?

   

Does Missouri suspend a drivers license based on an out of state administrative decision/suspension?
Missouri resident with Missouri DL DUI in Kansas. Was placed on diversion for my criminal case, so no conviction. My Kansas administrative hearing is next week. If I lose the administrative hearing, will Missouri suspend my license? Or does Missouri only take action on a conviction since this happened out of state?

Justin’s Answer
Missouri honors suspensions from other states.

Can I have a 17 yr. Old boy arrested for having sex with my 15 yr old daughter?

  

Can I have a 17 yr. Old boy arrested for having sex with my 15 yr old daughter?
She lives with her mom and has been molested in the past year by her first cousin..and now she said she was to scared to say no so when the 17 year old had his way with her..but neither did she try to fight him off..she just let it happen and then tried to take her own life and has been in a physic ward the last week

Justin’s Answer
You can absolutely call the police. Missouri defines rape as sex without consent; being to scared to say no is NOT consent.