Category: KC Defense Counsel Articles

Can I masturbate with my blinds open in Missouri?

   

missouri missouri state masturbation masturbation at the window

Question

 

I live in apartment by myself in  Missouri  and there’s people behind me and beside me and maybe they’re Shades up as I do.  I  wanted  to know if I  could   perform the act  of  masturbate with my blinds open in  my current  home  state  of Missouri?

 

Criminal Defense Lawyer, R. Christopher Simons Answer

This question made me curious enough to dig up the books and do some research. I would say what you described violates RMO 566.093:
“A person commits the offense of sexual misconduct in the first degree if such person:
(1) Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm;
(2) Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm;”

This is an A or B misdemeanor depending on the circumstances. If a child sees, it’s a felony under 566.083. I dug a little further and this law applies even inside your own home if people can see you from outside.

I would say keep your blinds closed.

I lied on a police report said I was driving when someone else was and the driver is the one that caused the accident

   

police police report police officer

 Question

I lied on a police report said I was driving when someone else was and the driver is the one that caused the accident now the innocent driver is facing a lot of jail time how do I come forward ?

Criminal Defense Lawyer, R. Christopher Simons Answer
First you should find a local attorney to go over the facts of your case so you can make an informed decision. The attorney can then decide how best to introduce your situation to the prosecutor or the police.

If I’m on a sex oriented website and the profile indicates adult, but turns out to be a minor, can I get arrested even though I

  

If I’m on a sex oriented website and the profile indicates adult, but turns out to be a minor, can I get arrested even though I
had no idea they were a minor?

Justin’s Answer
As the others have mentioned, this is a common scam. But, in the off chance that it is not, yes, you can potentially still get in trouble. Stop contacting this person and if any officers contact you, do not speak with them; get an attorney.

What does request for disclosure & supplemental disclosure mean?

   

What does request for disclosure & supplemental disclosure mean?

On case net the two most recent docket entries are; Motion filled:state request for disclosure and Supplemental filing: Supplemental disclosure. This is my first time being in big trouble, I went to jail for 2 weeks the charge is 2nd degree domestic assault. Please help me make since of all this!

Justin’s Answer

Motion for disclosure is a standard motion filed by the state asking you to disclose any evidence you plan on using at trial. Supplemental disclosure means the state has more evidence to give you.

2nd degree domestic assault is a very serious charge. You should have an attorney to explain all this for you. If you do not qualify for a public defender, use the “Find A Lawyer” button above to find a criminal defense attorney in your area.

 

If an attorney is representing me as a client on a DUI hearing, do I call in, or does the attorney call in alone?

   

If an attorney is representing me as a client on a DUI hearing, do I call in, or does the attorney call in alone?
I requested a license hearing immediately for a DUI case, looking for more info on the process.

Justin’s Answer
If you have an attorney, you should ask them this question. We have no way of knowing how they want to proceed on the case.

I got caught shoplifting at Kohl’s and received a court date but wasn’t arrested?

   

I got caught shoplifting at Kohl’s and received a court date but wasn’t arrested?
I am 18 and I got caught shoplifting about $90 worth if things. The cop said he would’ve taken me to jail and finger printed me and mugshot me if not for my step dad, who is also a cop in my town. I have a clean record and have never been in trouble before.
Question 1: how worried should I be?
Question 2: should I tell my future employer this happened even though I was not arrested?
Question 3: my step dad said he could try to get my misdemeanor charge dropped to a violation of city ordinances, how hard is that and will it still effect my future of jobs and scholarships?

Justin’s Answer
These are good questions for a local criminal defense attorney. Unless your step-dad can get the case dismissed, you should consider talking to an attorney to see how they can go about getting this off your record.

Do I have to show up to court if I’m served an RO?

  

Do I have to show up to court if I’m served an RO?
Neighbors filed a restraining order against me. I didn’t do anything at all. Do I have to show up to court?

Justin’s Answer
If you don’t, the judge will probably grant the order by default. If you want to contest the RO, you need to show up to tell your side. Better yet, you should hire an experienced attorney in your area to help you fight this.

Can i get a better then jail time from shoplifting ?

   

Can i get a better then jail time from shoplifting ?
Im going to court for shoplifting. The store manager said that i was stealing. She didnt check the cameras to see if i was stealing she assumed it. I told the police i took something so i could go home. When i got home i noticed a alarm sticker was on my shoe. She didnt even check to see if it was active. She just said it wasnt

Justin’s Answer
It depends on the facts of your case and the local prosecutor/court. In many areas, shoplifting can be kept off your record entirely with a pre-trial diversion. You will have to contact an attorney in your area to learn if this is possible.

Am I able to get a different judge if the judge I have Flat out said that he doesn’t like me?

  

Am I able to get a different judge if the judge I have Flat out said that he doesn’t like me?
I have been going back and forth to court where my Childs father has been making up stuff and saying that I’ve done with no evidence and I have letters from social workers at hospitals where the child was hospitalized that verify that he’s lying, he also stalks, threatens and follow me and my family members. The judge we have does not like me because he allowed my child to be with her dad unsupervised after her dad is on recording stating that he would have sex with all 3 of his daughters and also would f*ck my sister kids and I asked him in court how could he allow that and not protect my child from a potential pedophile. Her father also stated that he like lil girls which is why he had sex with me and he is twice my age. He also has a girlfriend who sent me pictures of dead babies captioned with my Childs name, as well as messages about how she can’t wait for her dad to get her and bring her to their house. He has gave the courts a address where he does not live which was confirmed by police and I have videos of all of this. But because the judge does not like me he will not look at any evidence that I have. Which could possibly lead to my daughter being harmed.

Justin’s Answer
This question is too specific to answer in a post. Mr. Hardin is correct that you need an attorney. There are ways to get a judge off the case, but the motion is not an easy one to file.

Can a judge dismiss my MIP on my court date for the ticket?

   

ticket

Question

Can a judge dismiss my MIP on my court date for the ticket?
I was at a birthday party that ended up getting big, I wasn’t drinking anything but someone offered me to try a wine cooler, so i had a sip of it and gave her the drink back. The cops showed up and they said everyone just needed to go home, but then a highway patrol showed up and lined up anyone underage and handed out MIP’s. I was not “obviously intoxicated” by any means nor was i in possession of alcohol at this period in time at all. As a matter of fact, I was drinking Minute Maid juice all night and that’s what I had in my hand. I did not get a breathalyzer test either. I did tell the highway patrol i had the sip of the wine cooler so he gave me an MIP for admitting to drinking an alcoholic beverage. I was just wondering if I HAVE to fight it with prior court dates and an attorney, or if i will be able to just tell the judge what happened and she can choose to dismiss it at my first court date.

Criminal Defense Lawyer, R. Christopher Simons Answer
A judge will not dismiss your case prior to trial and, at that point, you’re all in. You need to speak with a lawyer about this because “I only drank earlier” is not going to be a good defense.