Category: KC Defense Counsel Articles

Can I get the form to apply for a FAST AND SPEEDY TRIAL Motion ?

  

Can I get the form to apply for a FAST AND SPEEDY TRIAL Motion ?
My boyfriend is in jail. He’s a felon had loaded gun. Drunk walking down side of hwy

Justin’s Answer
Do not file this motion: that will get you in trouble for unauthorized practice of law. He should have a public defender appointed. He should go over speedy-trial options with his attorney; not his girlfriend.

Can can I move out early?

  

Can can I move out early?
It is the end of August my lease is up at the end of December. I have a 1 year old daughter and I am pregnant. My upstairs neighbors or so loud and inconsiderate I’m fed up. I have call the non-emergency line three or four times, complain to the office at least 5 times, and my fiance has gone upstairs and tried to reason with the upstairs neighbors. We know that they have an 11 or 12 year old son and two or three year old son. Therefore, we have tried to be understanding. However, my daughter gets hooking up in the morning and at night and during the day while she naps. I also get woken up in the morning several times a week because the two-year-old screams Non-Stop. They’re always stomping at all times of the night and we have slider mirror closet doors that get shook violently all the time in both rooms. At this point I feel there’s nothing else we can do but just move out. Is there some way that this can be resolved?

Justin’s Answer
Mr. Freeman’s answer is excellent. I will add that nothing prevents you from asking the landlord to terminate the lease early.

Will it be possible for my 14 year old will release on house arrest?

  

Will it be possible for my 14 year old will release on house arrest?
Son 14 went with a friend 15 who had a broke gun to St. Louis and robbed a person they both live in Illinois.However the gun was broke and wasn’t nothing taken. Son understands he should’ve went and now he is also charged for 1st degree. Should he have something less like attempt are Accessory sine he didn’t have anything are a weapon just there.

Justin’s Answer

Based on what you’ve told me, there are lesser crimes which might qualify. However, Robbery 1st can also be charged. RSMO 570.023(4) “Displays or threatens the use of what appears to be a deadly weapon or dangerous instrument.” A broken gun still counts.

You should consider the possibility that your son is not being entirely honest with you about the case; I have never seen a case where the son told their parents the full story. More importantly, you need to contact an attorney in the ST. Louis area to discuss this case.

Can i file assault charges against a minor on behalf of my son?

   

Can i file assault charges against a minor on behalf of my son?
My son is in the 7th grade and has recently been attacked by a group of 4 or more 8th grade girls who physically hit/kicked/slapped/punched him several times. They’ve made social media threats as well of bodily harm. The school has done nothing and because I raised my son to not hit a female he ends up getting physically beaten.

Can I press assault charges against all of those girls? I don’t like dealing with bullying!

Justin’s Answer
You don’t need to press charges. You can just call the police.

 

My husband and I both went to jail for domestic assult 3rd degree by pleading not guilty what is the outcome for both of us?

  

My husband and I both went to jail for domestic assult 3rd degree by pleading not guilty what is the outcome for both of us?
We where having a debate and one was yelling over other

Justin’s Answer
As Mr. Ness points out, you will each need an attorney. You can both be convicted of the same crime: that you were both fighting is not a defense. Even if you refuse to testify, there may be other witnesses or evidence that you don’t know about. If you’ve both plead not guilty, the case is probably set for trial already so your time is short!

Can my 22 year old fiancé go to jail?

  

Can my 22 year old fiancé go to jail?
I’m 17 and 8 weeks pregnant. My hospital is getting Child services involved. We’re getting married in February and I’ll be 18 the first of July. He has my parents consent and blessing. I’m really worried. He won’t be there for our Baby cause of them.

Justin’s Answer
Parental consent is not a defense to statutory rape in Missouri, however the age of consent is 17. As long as nothing happened before you turned 17, he will be fine. If you are worried he will not be there for your child, you can speak to a family lawyer about getting custody and support.

I was lied too for over 2 yrs about the allegations or evidence CPS had against me, I just was told the truth and have proof

  

I was lied too for over 2 yrs about the allegations or evidence CPS had against me, I just was told the truth and have proof
Been fighting dfs for my kids for over 3 yrs did everything they asked without court order they gave my x the kids he was on drugs and got caught . I was just told the truth about everything in my case they falsified statements and lied to the courts

Justin’s Answer
I’m not sure what the question is. Are you saying DFS knew the information was false?

Can I go back to my home if I have filed an ex parte order of protection against my husband who is residing in our home?

  

Can I go back to my home if I have filed an ex parte order of protection against my husband who is residing in our home?
My son who lives with us called the KCMO police and my husband was charged with assault pending a hearing by the city. I said he could go home and I would stay with friends. I have none of my things and want to go home. What would happen if I moved back home?

Justin’s Answer
As long as you do not have an order against you, you can go back home.

Can I get an order of protection dismissed on the grounds of fraud in Missouri without the petitioner being contacted?

  

Can I get an order of protection dismissed on the grounds of fraud in Missouri without the petitioner being contacted?
I found out my ex was still married to her first husband in Canada. When I confronted her and told her she would need to return to Canada and get this resolved, she reported me for domestic violence. While in a women’s shelter she got an order of protection. She later e-mailed me when I said she was lying she said”Of course she was” and “If I ever came after her and our son she would kill him and herself.”

I have 3 different charges now for breaking the order of protection. If she should not have received the order by definition as she was never abused nor received any threats from me. Is there a way to get rid of the order so the charges must be dropped?

Justin’s Answer
If you already have the permanent order against you it will be difficult. It would be easier if you haven’t had the hearing yet. It would be even easier with a lawyer to help you present your case. You can also report her threats to the police.

What will happen if I plead not guilty to a municipal violation?

   

vehicle citation vehicle missouri violation municipal violations

Question

Hello,I was given a derelict vehicle citation. The property is a rental and the vehicle had plates that are less than one year expired. They say they sent me a warning prior to the citation but that was never received and while I doubt it matters I have a recorded conversation with the police offer who admits that it was sent to the wrong address. It was sent a child hood home in the same community but that me nor any of my family owns now.

Additionally, I’m unsure if according to Missouri law if I should have received the citation or my tenant? Lastly, I know it probably doesn’t matter but the brother of the Alderman of this municipality has a junkyard masquerading as a mechanic shop that has many vehicles with tags that are many years expired all around the surrounding house in the neighborhood.

For all of these reasons I refuse to plead guilty to a municipal violation charge for a derelict vehicle. If the car is moved or the plates updated by court what will happen if I plead not guilty to the violation? What could happen if the car is not? I apologize if I gave to much information but I’ve attempted to give everything pertinent.

Thank you very much in advance!

Criminal Defense Lawyer, R. Christopher Simons Answer
It depends on the municipality. Generally what you’ve described is just a fix-it ticket and the judge will dismiss the case if you’ve fixed the problem, but not in every city. If you just plead not-guilty, it will go to trial. You will lose the trial because nothing you just described is a defense in your case. The only possibility is if the warning is required before you can be convicted. However, I cannot explain to you how to use this evidence in a trial. Your best bet is to ask an attorney in that municipality.