Category: KC Defense Counsel Articles

So my nahbor is handycap and can’t use one side of his body I seen some one beat him up and maced him so I beat the guy up

  

So my nahbor is handycap and can’t use one side of his body I seen some one beat him up and maced him so I beat the guy up
My disabled nabor was being beaten by some one and the guy maced him and I saw it and beat the guy up who was beating my friend up that can’t defend himself is this self defense

Justin’s Answer
I agree with the above: while what you described might be a defense, you shouldn’t be posting the details of your case online. If you are charged, a defense attorney will know how to best present the defense.

If a detective calls you and ask you to come in for questioning

  

If a detective calls you and ask you to come in for questioning
A detective called my friend and said he wants him to come in for questioning about missing jewelry and he wants to hear his side of the story, and if he doesnt then he says he’ll put out a warrant for his arrest, but the cops haven’t came to his door yet.

Justin’s Answer
Mr. Hardin is correct. The police do not want to hear your friend’s story, they want him to say something incriminating. Even if your friend is innocent, he should not speak with the police without contacting an attorney.

How did I do community service for a municipal court then get charged in a criminal Court for same case, same case number?

  

How did I do community service for a municipal court then get charged in a criminal Court for same case, same case number?
I was charged with possession of a control substance less than 35 grams of marijuana I had to go to a municipal court the judge said plead guilty and ill keep it off your record just complete 20 hrs community service which I complied now I got a letter 3 months later saying state vs me and I got to come and enter a plea but I already did in the other court.. Is that legal? What can I do they say its a class d felony

Justin’s Answer
This issue cannot be resolved over a post. You need to contact a local criminal defense attorney and have them investigate your case. It sounds like your possession case was too serious for municipal court and got moved to the circuit court.

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.