Category: KC Defense Counsel Articles

Charged with aggravated battery being first felony offense….can I just get probation in Kansas ?

   

kansas city kansas

Question 

 I am charged with aggravated battery being first felony offense . I am wondering if I could  get a probation in Kansas

Criminal Defense Lawyer, R. Christopher Simons Answer
You need to re-ask this question but put “Kansas” as the location of the case. A Missouri lawyer will not be able to give you much information unless they also happen to be licensed in Kansas. At any rate, no one will be able to give you a specific answer without going over the details of the case and your personal history. Do NOT put that sort of information in a post.

The witness made a claim in passing then disappeared

   

The witness made a claim in passing then disappeared
While walking to my car . A witness stop an stare at me up and down. And ask what the f am I looking at. This person went into a crazy rant trying to coach me into some kind of Confrontation. The incident was very disturbing and upsetting I finally got to my car and pulled off and was pulled over by the cops for a driving too fast. I thought I was in trouble for speeding only to find out that the witness made a claim that I threaten him. To my dismay I told him that never happened. They went back to get the witness an the witness just disappeared Into the Night. I was not charged but they took the report should I obtain a lawyer now

Justin’s Answer
I agree with Mr. Hardin. It will be difficult for them to prosecute the case without a witness. You can contact an attorney now. Definitely contact an attorney if you get summoned to court.

What can I do if my daughter leaves the scene of an accident out of panic?

   

accident accident report car damage flee scene of accident

Question 

My daughter  had her  first  motor vehicle  accident, she panicked and left  the scene of the accident. The damage to her car was minimal while  the damage to the other car is still  unknown.

Criminal Defense Lawyer, R. Christopher Simons Answer
While I cannot speak for Union, in my area, the police are usually more interested in seeing the other driver compensated than arresting the person who fled, especially if they turn themselves in. You will have to talk to a lawyer in your area to learn if this is the same in Union.

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.