Category: KC Defense Counsel Articles

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.

What does it mean if your charge is being moved from municipal court to county

  

What does it mean if your charge is being moved from municipal court to county
Had a shoplifting charge in Branson Missouri and recently received a letter that said my case was being voided in municipal court and my charge was being sent to Tanney County. What does that mean? I live in Wichita,Kansas but was on vacation in Branson.

Justin’s Answer
It means that your case is much more serious: the prosecutor has decided that either your criminal history or the facts of the present case warrant more serious charges.

In Missouri, can an 18 yr old be charged with a crime, of any kind, for sex with a 15 yr old

  

In Missouri, can an 18 yr old be charged with a crime, of any kind, for sex with a 15 yr old
18 yr old man , 15 yr old girl

Justin’s Answer
RSMO 566 lists statutory rape as between a 21 year old and someone younger than seventeen, or sexual intercourse with child younger than fourteen. It lists molestation as sexual contact between a child under 17 and someone four years older. It also criminalizes sexual contact with students if the child is a student and the adult a teacher. These are the only applicable statutes that I could find, but there may be more. My advice is to not have sex with a child.

If I don’t accept a plea bargain will the prosecutor raise the plea?

  

If I don’t accept a plea bargain will the prosecutor raise the plea?
My fiance is accused of 1st degree burglary and 3rd degree assault. His brother has already plead guilt to these charges. The prosecutor offered my fiance a plea of 120 days in prison for the burglary charge and to dismiss the assault charge, which he did not accept.

Justin’s Answer
Given that the prosecutor does not usually offer plea deals to un-represented defendants, I’m guessing your husband already has an attorney. This would be a better question for that attorney.

How do I drop charges if I no longer want to press charges.?

  

How do I drop charges if I no longer want to press charges.?
My son 33 became argumentative and police were called. He was arrested and taken to jail over night. His father and I got a exparte and was served to him in jail. he was living with us at the time. now we would like to drop the charges of domestic violence. as no one was hurt. he no longer lives with us..

Justin’s Answer
You cannot decide to drop the charges: that is a decision for the prosecutor. If you feel that there is a good reason for dropping the charge, you are free to call the prosecutor and ask them. Keep in mind that, if your son is asking you to drop charges, that could be defined as Tampering With a Witness, another crime.

Is it legal for a parent to consent for a minor.to have sex with another minor?

  

Is it legal for a parent to consent for a minor.to have sex with another minor?
I spoke with my 14 year old daughter today and she advised me she is having sex with a 16 year old boy here in missouri . I called her MOTHER over to my house and was speaking with her over the situation and she knowingly agrees and let’s this happen. Is all this legal?

Justin’s Answer
Given that sex between the two children is legal, I cannot think of any law that it violates. I could not find an applicable “Contributing to the Delinquency” charge. You are free to call the police if you disagree.

It may be that family court is the best solution to your problem: if you feel that not having sex is in your daughter’s best interest, you can petition the court for an order prohibiting her mother from allowing it in her home. Of course, then your daughter would just have sex outside the home, which actually sounds less safe.

Can I get my license back without doing all the required stuff?

   

Can I get my license back without doing all the required stuff?
Back in April 2002, I got a DWI, driving on a revoked (revoked for refusal to blow on a previous, that I can no longer find a record for, but either in March or April, same year) and running a red light. I believe I was ordered to do SATOP, get the ignition blow thing for a year and SR22 for a year. I have not done any of those things, but did the 5 day jail sentence. I have known people to have done a lot worse than I, and still have their drivers license, without doing all the required stuff. So I would like to know how they got around it, and if it’s at all possible that I can? I haven’t driven in over 16 years and I also, no longer consume alcohol.

Justin’s Answer
https://dor.mo.gov/drivers/reinstatement.php lists the steps to reinstatement. Yes, you have to do SATOP, get the SR22, and an interlock device. I’m not familiar with anyway around that; I suspect that anyone telling you they didn’t have to do all that stuff either had their DWI before the law changed, in a different jurisdiction, or they are lying to you. You can hire an attorney to try to research a loophole, or you can just go to the DMV and ask what steps are required to get your license.

I need a Lawyer for Possession Marijuana and Paraphernalia Charge

  

I need a Lawyer for Possession Marijuana and Paraphernalia Charge
I received a Possession of 35 Grams or Less Marijuana and they took a few pieces of paraphernalia and I got a ticket for that too.

Justin’s Answer
I agree with the above attorneys. We cannot give you a quote here. Click “find a lawyer” above.