Category: KC Defense Counsel Articles

As a private investigator can I press charges on a subject?

  

As a private investigator can I press charges on a subject?
Can I press charges against a subject on behalf of my client due to their fear for potential ramifications?

Justin’s Answer
Individual parties do not “press charges”. The prosecutor does. If you suspect someone has committed a crime, you can contact the police or prosecutor and report it. Then the prosecutor will decide if there is enough evidence to press charges.

How can Missouri 610.140.7 say a record will be “closed”, and 610.140.8 say all your rights will be restored?

   

How can Missouri 610.140.7 say an expunged record will be “closed”, and 610.140.8 say all your rights will be restored?
I had a class c felony from 1990 removed but it’s still on my record. Section 8 of this law says all rights lost as a result of this conviction will be restored. With this record still there as a “closed” file, I still can’t pass a background check for a firearm.

Criminal Defense Attorney Justin’s Answer
This is going to be difficult to answer in a post. My guess is you will need to speak to a federal attorney because federal law may still prevent you from owning a firearm even if state law has cleared you. You might also have other convictions that are holding you up: any conviction for drugs or domestic violence can prevent you from getting a firearm.

 

Will I get in trouble for making a false statement to the police?

   

False statement false statement to police false statement to police police officer

Question

Will I get in trouble for making a false statement to the police?
Well back in December I called the cops on my fiancee and made a police report but it was not  exactly true and now hes in trouble being charged with a crime that he did not do? I am scared to tell the cops and the prosecutor in the case cause I am scared I will go to jail and I have never been arrested and I have never been in jail, the only thing on my record is a ticket for not wearing my seat belt, will I get in trouble?

Criminal Defense Lawyer, R. Christopher Simons Answer
Giving false statements to police is a crime. However, you will probably be in less trouble if the truth comes from you than if it comes from an investigation. You should contact a criminal defense attorney in your area to learn the best way to report your actions if wish to correct your mistake.

Will I be charged with 3 dwi/DUI if I have 2 DUI charges in Florida in 2 different counties and convicted of a dwi in another

  

Will I be charged with 3 dwi/DUI if I have 2 DUI charges in Florida in 2 different counties and convicted of a dwi in another
I moved out of state and have not been a resident of Florida for over a year and I was charged with a dwi in an out of state county will I be charged with a felony if convicted out of state

Justin’s Answer
If the third DWI is in Missouri, then yes, Missouri counts convictions from other states. However, they may have trouble PROVING those convictions, so you should consider hiring an attorney rather than just pleading guilty.

If the third DWI is in Florida, you will have to put the location of your question as Florida so someone licensed in that state can answer. I assume that Florida also counts DWIs from other states, but cannot say for certain.

Either way, hire an experienced DWI attorney. DWI investigations are so complex that there is a lot of room for error. They are a relatively easy case for an attorney to fight.

Stealing when i am still renting the house

   

Stealing when i am still renting the house
The landlord had brand new windows in my garage for 2 yrs now . i ended up going to jail in july and they was there but when i came home they was gone now he is saying he is going to report them stolen what do i do

Justin’s Answer
If he reports them stolen, you find an attorney to fight the case. If the charge is serious enough you may qualify for a public defender. If not, click “Find a Lawyer” above. Do NOT try to talk to the police on your own.

Can a lawyer appear in court for me if I was charged with a misdemeanor ?

   

Can a lawyer appear in court for me if I was charged with a misdemeanor ?
I was arrested for possession of marijuana and was sentenced a fine and a court date but I’m international and had to go back to my country because my visa would expire. Do I have to go to my court date or can a lawyer go for me?

Justin’s Answer
A lawyer can appear for you, request time to pay, and explain the situation. However, if you plead guilty to drug possession, you may find it difficult to get back into the country. You should talk to a lawyer about setting aside your plea and getting the charged amended to something else.

How do I file the paperwork to petition the court to get my license back?

   

How do I file the paperwork to petition the court to get my license back?
It’s been 8 years since I got my license revoked and I want to get it back. I got my dui in camdenton Missouri

Justin’s Answer
If it’s only one DWI, you should be able to go to the DMV to get reinstated. If you have a denial, you need to file a petition in the court where you got your last conviction. It’s a complicated process so I would suggest hiring an attorney for it rather than going it alone.

How do I get a diversion

  

How do I get a diversion
Theft

Justin’s Answer
In Raytown, I do not believe the prosecutors will negotiate a diversion with you unless you have an attorney. The attorney will negotiate the terms with the prosecutor and tell you how to complete it.

Is it legal for me to move out of my home at 16 in Missouri? Also can my parents press charges on my 19 year old boyfriend?

  

Is it legal for me to move out of my home at 16 in Missouri? Also can my parents press charges on my 19 year old boyfriend?
I live with my parents and they don’t like my boyfriend and continue to threaten the law into this situation since we have had sex.

Justin’s Answer
If your boyfriend is under 21 and you are over 15 the statutory rape laws would not apply. You will have to ask an experienced family lawyer about the process for emancipation as it is outside of my experience.

Can I be charged with a felony if I was charged with a leaving the scene and dwi in mo if it was a company vehicle?

   

dwi felony leaving the scene of accident missouri traffic laws damages damages

 Question

Can I be charged with a felony if I was charged with a leaving the scene and DWI in Missouri if it was a company vehicle which  has minor damages?

Criminal Defense Lawyer, R. Christopher Simons Answer
Being in someone else’s vehicle doesn’t make you exempt from Missouri traffic laws. If you committed a felony, you can be charged. I suggest you contact an attorney to go over the specific details of your case.