Category: KC Defense Counsel Articles

How long does it take to get labs back on possession of methamphetamine?

  

How long does it take to get labs back on possession of methamphetamine?
I was arrested May 2018 for possession of methamphetamine and drug paraphernalia. I have been to court every month since June and they still have not presented the lab results. My next court date is January 11, 2019 and there is still no sign of lab results. How long does this process typically take?

Justin’s Answer
It depends on the lab used and the information being processed. You might have a claim for a speedy trial violation: you should ask your attorney about this issue.

My wife placed an ex-parte against me and our initial hearing is tomorrow. If neither of us goes to court, what will happen?

   

My wife placed an ex-parte against me and our initial hearing is tomorrow. If neither of us goes to court, what will happen?
Her father and I had a physical altercation but no charges were filed. She had went to the sheriff’s department and filed for an order of protection in an attempt to keep me away from our home.

Justin’s Answer
If she does not go, the case will usually be dismissed, but may also be continued to another date. If you do not go, you could lose by default. You cannot ask her not to go.

I can i get my dicovery of my alleged crime?

  

I can i get my dicovery of my alleged crime?
i got into a car with some guys i just might, low and behold the car was stolen but i did not know that. im innocent

Justin’s Answer
Yes, you are entitled to discovery. Your attorney will know how to do this for you. Do not post any more information about your case.

Will I go to jail for my first offense?

  

Will I go to jail for my first offense?
So Monday December 17 I was stupid and brought my BB gun to school. I had no intention on hurting anyone I was just showing my friend. I was caught and now the school is charging me. This is my first offence. I turned 18 on December 11th. Will I be going to jail?

Justin’s Answer
This is a very serious offense. You should stop talking about the facts of your case online and look for an attorney in your area. Yes, you are possibly facing incarceration for this case.

What steps to take to change my Tier status on the sex offender registry? I strongly believe I am listed incorrectly.

   

What steps to take to change my Tier status on the sex offender registry? I strongly believe I am listed incorrectly.
As of 17 yrs of age I have 4 counts of possession of child pornography. Due to the new law in Missouri, I believe I should be listed as a Tier 1 offender. I am publicly listed as a Tier 3 offender. I verbally asked the sheriff office why the tier 3 status and they said it was because of “multiple” charges of child pornography. To my understanding, the new law does not state that multiple charges automatically makes me a Tier 3 offender. Possession of child pornography is classified under the Tier 1 section of the law. I have sent letters via certified mail to both the county prosecuting attorney and sheriff’s office over a month ago to request a change of my tier level status or provide an explanation as to why I am a Tier 3 but I have not received a response. My wife and I are struggling financially and cannot afford a lawyer by any means, but I will get a lawyer if I have to. Is there anything I can do to change my Tier status before needing to hire a lawyer? Thank you. – – Please correct me if my understanding is incorrect.

Justin’s Answer
This is a difficult question to answer over the internet. I would suggest contacting an attorney in your area.

Where to start to get the correct paperwork??

  

Where to start to get the correct paperwork??
Im going to file for a motion to set aside my guilty plea to a driving while suspended that now is going to revoke my license for a year. Where do i start to get the correct paperwork to do this? Cant afford an atty and have only one week until license is revoked.

Justin’s Answer
There usually are not forms available for such a motion. Plus, an attorney cannot use Avvo to walk you through the process. You will have to contact an attorney in your area if you want help with it.

Can i ask a judge for a motion to set aside by myself?

  

Can i ask a judge for a motion to set aside by myself?
Plead guilty to dws in dec. Two days later got letter from dmv saying jan 10 i would be revoked for a yr due to point accumulation. Can i go to court by myself or do i have to have an atty?

Justin’s Answer
Motion practice is often times nuanced and statutorily complex. In your situation, contacting an attorney would help you evaluate your chances of success and minimize the possibility that the filing is done incorrectly. An attorney may be able to offer you alternative options to get you closer to a legal driving status.

How to testify on my boyfriends behalf to help my boyfriend?

   

How to testify on my boyfriends behalf to help my boyfriend?
I’ve been subpoenaed to court to testify as a witness for St of Missouri against my boyfriend for charges I didn’t want to press when I was asked. He didn’t hit me. I was under medication during time of incident and may have exaggerated to the scene and added to it because I was mad

Justin’s Answer
You do not get to decide what testimony to give. The attorneys or defendant will ask you questions, and you must answer honestly under penalty of perjury.

 

Will I be able to purchase and sell an investment property without my husband gaining proceeds? I am a victim of domestic abuse.

   

Will I be able to purchase and sell an investment property without my husband gaining proceeds? I am a victim of domestic abuse.
So long story short, my husband abused me and I received a full order of protection a month ago and plan on a divorce as soon as possible. I want to purchase an investment property in my name and re sell it. How can I avoid my soon to be ex husband having a right to either the property itself or a share of the proceeds? We’ve been apart for several months and the full order of protection bars him from entering my apartment that he and I used to live in together. Thanks for the help.

Justin’s Answer
The previous attorney is correct: real property purchased during the marriage becomes marital property. There may be ways around that, but you will have to talk to a real estate or family law attorney.

 

How hard will it be to get 2nd degree burglary purged from my record

   

How hard will it be to get 2nd degree burglary purged from my record
I was convicted of 2nd degree burglary in 2014 I was sentenced to 4 years in the department of corrections I completed the sentence in November 2018 and I want to pursue a job as a nurse and need to fix my record

Criminal Defense Lawyer Justin’s Hunts Answer
I agree with the attorney above, however, I will add that how hard it will be depends on how you go about it. If you try yourself, it will probably be difficult. However, if you hire an experienced expungement attorney, it will be much easier.