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?
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.
My boyfriend is being held by us mashalls in Jeff City been there since the 12th of last month, they still haven’t charged him?
My boyfriend is being held by us mashalls in Jeff City been there since the 12th of last month, they still haven’t indicted him. His lawyer say that the have to drop the chargers but they can bring them back up but isn’t that double jeopardy? He lawyer doesn’t know anything they haven’t even gave him his Discovery or anything he’s just been sitting there.
Justin’s Answer
Ms. Merta is correct. If no charges have been filed, there is no discovery. Double-jeopardy only applies if there has been a trial.
Will I go to jail for 4th degree domestic violence with absolutely no prior arrests or charges in my life?
Fight with daughter no injuries she is dropping charges
Justin’s Answer
DA 4th is an A Misdemeanor, so you can do up to 1 year in jail or be fined up to $2,000. Your daughter CANNOT drop the charges. Only the prosecutor or judge can do so. Asking your daughter not to cooperate is also a crime, Tampering with a Witness. DV is a very serious charge: a conviction will jeopardize your second amendment rights and be nearly impossible to clear from your record. You need to hire an attorney to help with this issue.
Can a neighbor get a restraining order to kick me out of my house?
My neighbor across the street and I had an encounter that ended with them assaulting me and putting me in the hospital. I filed for a restraining order with the evidence (audio recording of the assault, photos, hospital bills, etc). After being served they filed for restraining orders against me (same court date) claiming a bunch of things that are flat out lies, there will be no evidence of, and that span the last several months claiming that they feel in danger. It is clearly a case of retaliation for me filing. Someone told me that if they DO get a restraining order however that there’s a chance I could be forced to move. Is this true? Can someone really make you move with a restraining order? I doubt that there is any chance of them getting one since it is all made up (why would you say I was walking the neighborhood with a gun threatening them for over a month every night, stalking you and your kids, etc when you never called the police and you only mentioned it six days after I filed a restraining order against you? There was only police call over the one incident and no other interaction for the past 3 years.). I just want to know if this is true…
Justin’s Answer
I agree with the other posters. I have not heard of someone being forced to move because of a neighbor. However, if you do not want to risk it, hire an experienced attorney to represent you at the hearing.
How do they actually have to serve you an ex-parte order against you for it to really be legal ?
Cop had me pull over an told me my ex got a restraining order against me but never got out of her car an handed it to me . She keep it an left is that still concerned being served an is it legal
Justin’s Answer
I do not believe this constitutes service, but an ex parte is valid and enforceable before being served. Your case is too specific to go over in a post. You should contact a local attorney to explore your options.
If I was not in my right mind when I wrote a statement can I retract it?
Domestic violence with husband.
Justin’s Answer
You can attempt to do so. However, the prosecutor does not have to accept your retraction. It’s quite common for alleged victim’s of domestic violence to change their mind and claim they were not in their right mind or otherwise mistaken.
What does it mean if you had a case on case net for someone putting / having a restraining order against you then it’s gone
I’m not understanding how did the case leave is that meaning it got dropped or is they trying to give me a stronger case
Justin’s Answer
It could be that the case was dropped, it could be that the restraining order was granted and the case closed. Do not assume that you don’t have a restraining order. Contact a local attorney to research your case.
Can my ex’s parents press charges for an argument me and my ex had on instagram?
So I was dating this girl for about a week in a half and then I found out she kept lying to me and I messaged her on Instagram saying why did u lie to me, and then I said I’m just going to move and and then just blocked her. The only thing I did say mostly was that she’s a liar and that I’m moving on, now the issue is her brother messaged me on Instagram and said why are u harassing my sister even though I only called her a liar now he’s getting his parents to press charges on me for “harassment”, I then proceed to block him also cause I didn’t want any drama, and now my ex’s sister messaged me on Snapchat saying I better say sorry to their sister or they are going on with the charges and she is 21 and I am 18.
Justin’s Answer
I agree with Mr. Hardin. However, I will add that, if something DOES come from this, you should contact an attorney before speaking with police.
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