Category: KC Defense Counsel Articles

What would be the reason if I got assigned a different prosecuting attorney?

   

What would be the reason if I got assigned a different prosecuting attorney?
I have a pending felony and it’s been going on for a year now had trial pushed back 3 times and just recently learned from case net I was assigned a different prosecuting attorney. What could the reason be and why wouldn’t my public pretender I mean defender mentioned it. Thanks for reading my question, have a good day.

Justin’s Answer
There is no need to insult your attorney. If you are already represented by counsel, you should ask them. There are plenty of reasons you have a new prosecutor, the most likely being the original prosecutor was assigned to a different department or the original prosecutor just got around to putting a subordinate on the case.

How and where do I fill out an affidavit of non-prosecution? I am listed as witness but never received papers to appear in court

  

How and where do I fill out an affidavit of non-prosecution? I am listed as witness but never received papers to appear in court
Daughter went to court tonight. Plead not guilty to DV. Next court date April 24th. Court papers state, “Hit across face with open palm hand”. I never pressed charges. This happened on October 20th. She went to jail that day and was out in 4hrs. I am listed as witness but never received papers to appear. Trying to get Attorney but not much time. This is an isolated incident in a good relationship. First time. What could happen? Will it help if I sign an affidavit of non-prosecution?

Justin’s Answer
Frankly, I’ve never heard of a prosecutor accepting such an affidavit. It is the prosecutor’s choice whether to press charges, not yours. If you do not wish to cooperate, you can contact the prosecutor’s office and inform them, but they are not bound by your wishes. They could order you to appear in court any.

Where do I locate a public defender for Domestic assault charge in St. Louis County MO?

  

Where do I locate a public defender for Domestic assault charge in St. Louis County MO?
My daughter appeared in court tonight and plead not guilty to DV which occurred October 20th 2018. Gave court date of April 24th. I am listed as witness but never received papers. I am the one who called police but did not press charges. Court papers state, “Hit across face with open palm hand”. My daughter was taken to jail. She spent 4 hrs there and was released. I just lost my job a month ago. Can someone please help…

Justin’s Answer

The court should have given your daughter that information. If not, she can ask the court on her next court date or just contact the local public defender’s office directly.

Can my friend charges be dropped or can we fight the?Whats the next step?

  

Can my friend charges be dropped or can we fight the?Whats the next step?
What the next step for me and my friend? He was transferred to a county jail by US Marshalls from a treatment facility. He has been there for two weeks and hasnt been advised of charges or seen a judge. Is there a time limit ? And what’s the next step?

Justin’s Answer
There is a time limit. Your friend needs to speak with an attorney to see that he is brought before a judge.

Can I be extradited to Missouri

   

Can I be extradited to Missouri
My friend got a dui in Jan. 2019 and had a previous one in 2012. The arresting officer charged it as a second dui, but the prosecutor charged it as a first.. She moved to south Carolina and missed the court date and there is a warrant for her.. Can she be extradited?

Justin’s Answer
She needs to speak with a SC lawyer about SC’s extradition policy, but generally, yes, she can be extradited. The charge doesn’t just go away.

Can a class C felony theft charge be dismissed at the request of the original complainant/property owner?

  

Can a class C felony theft charge be dismissed at the request of the original complainant/property owner?
Can the person who filed the police report decide to settle put of court or drop charges once the prosecutor’s office is involved? If not, will paying for the item in question (plus court costs and warrant fees) null it?

Justin’s Answer
No. The prosecutor decides to press charges, not the victim. However, if the victim is satisfied, they can contact the prosecutor’s office and let them know. Keep in mind, if you ask the witness not to cooperate, you can be charged with Witness Tampering. An attorney can help you work out such an arrangement without Witness Tampering.

Do I have to take a lunch in Missouri?

  

Do I have to take a lunch in Missouri?
I’ve searched many forums and I am unable to find a direct answer to this.

In Missouri – specifically the banking industry.

Does an employee have to take a lunch? Missouri does not mandate it. However, I was told it’s for OSHA.
Does OSHA override state law?

Can an employer disciple you for not taking a lunch.

Their policy states “ If your state does not require you to take a meal period, we recommend 30 mins” I feel like the key word is recommend.

Someone please provide clarity. Also include URLs if possible.

Justin’s Answer
Mr. Penell is correct so far as my knowledge of employment law goes. I do not know why Avvo selected me to answer this question, as I am not an employment lawyer.

Is this cause for a motion to suppress?

   

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QUESTION 

My son was pulled over and asked why he was in the area that he was. The cop stated his plate light was out and that the actual reason for the stop. 1 of his 2 plate lights worked. Plate is very well lit. officer ran his name and turned out he had a warrant un-beknown to us. He has no criminal background whatsoever I want to add. He placed my son under arrest for the warrant, nothing else was mentioned about the light, patted him down and asked what was in his pocket. my son admitted it was a pipe and grinder. The officer locked my son’s car and put the keys on the top of it. he then asked my son if he had anything else on his person. he said no but i do have weed in the console. cop leaned my son against his car and then unlocked it and got the weed out. then my son was taken to jail. isn’t there a statute that if the person is arrested for a charge that is anything other than what he was stopped for that any evidence found is inadmissible?

 

Criminal Defense Lawyer, R. Christopher Simons Answer

There MIGHT be argument for an illegal stop/search based on the plate light, but there is absolutely nothing preventing officers from using legally found evidence in multiple cases. You need to find an experienced criminal attorney to help your son in this case.

I’m out on bond I got a warrant for municipal Court why I’m out on bond for something else will they revocable my bond ?

   

Bail Bond Money

I’m out on bond I got a warrant for municipal Court why I’m out on bond for something else will they revocable my bond ?
I’m out on bond for a felony charge and I have a warrant for municipal Court which is just a city ticket

Justin’s Answer
The judge can revoke your bond for this. You should talk to a defense attorney about getting the warrant lifted.

Will I go back to prison for dui?

   

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Question: Will I go back to prison for dui?
I hit a car and drove off while drunk. I got pulled over and taken to jail. I’m on parole

Criminal Defense Lawyer, R. Christopher Simons Answer
Going back to prison is a possibility. You need to stop posting facts of your case online and talk to a defense attorney in your area today.

Do I have to take a UA at SATOP Level II (WIP)?

   

Will I have to take a UA at SATOP Level II (WIP)?
I had some drinks on Tuesday and I’m scheduled to take the WIP this weekend. Yes, I know, I shouldn’t have drank, I’ve been sober since Easter, but not a lot of my friends know, and we had a dinner party. (I’m not supposed to drink for first 6 months of probation). What happens if they test on Friday evening and I’m dirty?

Justin’s Answer
You may be tested. If you test positive, you may violate your probation and go to jail. You need to speak with an attorney about your case.

 

Will I have to take a UA at SATOP Level II (WIP)?

  

Will I have to take a UA at SATOP Level II (WIP)?

I had some drinks on Tuesday and I’m scheduled to take the WIP this weekend. Yes, I know, I shouldn’t have drank, I’ve been sober since Easter, but not a lot of my friends know, and we had a dinner party. (I’m not supposed to drink for first 6 months of probation). What happens if they test on Friday evening and I’m dirty?

Justin’s Answer
You may be tested. If you test positive, you may violate your probation and go to jail. You need to speak with an attorney about your case.

Does the judge have the right to state what the city or county would recommend without prosecutor present in the court room

   

Does the judge have the right to state what the city or county would recommend without prosecutor present in the court room
I got an driving while suspended and have been reinstated before court but at the time of court the prosecution was not present even though it was only my arraignment but I did ask what the city would recommend and the prosecution wasn’t present so the judge stated my license would be suspended for a year

Justin’s Answer
The judge was probably just informing you that pleading guilty to driving while suspended comes with 12 points and an instant suspension.

I got false accused of rape but I didnt do it I losted my virginity when I was 19 and he was a virgin to

   

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I got false accused of rape but I didnt do it I losted my virginity when I was 19 and he was a virgin to
I got accused of rape I didnt do it what should I do.
Justin’s Answer
You need to speak with a criminal defense attorney in your area. You can click the “Find a Lawyer” button above to find one.

Challenging breath or blood tests in DUI case 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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Challenging BAC test results associated with breath tests/Breathalyzers

   

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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.

… Continue reading

Drunk Driving Defenses 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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Breath Test Device Not Maintained Properly

   

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.

… Continue reading

Sobriety Checkpoints in Missouri

   

Police DUI Checkpoint

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.

… Continue reading