Category: KC Defense Counsel Articles

Can I possibly sue the internal affairs?

   

traffic harassment internal affairs unfair treatment

Question
In 2011 there was a dirty police officer who was being investigated by the internal affairs & I was one of the guys that the Police Officer was harassing all of them time for reason I even moved out of town to get away from the trouble of being hurt by this officer. The internal affairs put a “wanted for questioning” for me to help them build a case against the officer but I didn’t know anything about it I was off to college living my best life. 7 years later in 2018 I was pulled over by the same police municipality of the corrupt officer & the wanted was still in their system but the officer has already been fired and that case was OVER in 2011 they just forgot to take out “wanted” and it was only in their system because I was also pulled over by STL County for traffic but he gave me a warning and let me leave but the City police officer said I had a “wanted for internal affairs” from 2011. The officer said it was probably outdated so he called it in but no one answered. That led him to searching my car and arresting me after finding some illegal things nothing but weed and a firearm. When I got to the station they released after finding out the “wanted” was outdated

Criminal Defense Lawyer, R. Christopher Simons Answer
No, you can’t sue internal affairs, but an attorney might be able to get your case dismissed for illegal search. That question will be difficult to answer in just a comment: you will have to speak with an attorney and give them more information. DO NOT GIVE MORE INFORMATION HERE AS IT COULD JEOPARDIZE YOUR CASE.

Case-net doesn’t really go into detail.I have case #s.How do I get more info? And where would I go to find someone’s alias?

  

Case-net doesn’t really go into detail.I have case #s.How do I get more info? And where would I go to find someone’s alias?
This person has 4 adult abuse w stalking charges, 3 child protective orders, couple felonies for property theft and list goes on. 32 addresses between 4 states for last 15 years. Says she was in 3 house fires. Odd. I smell fraud. And I think shes lying about having cancer. If you know of anyway I could further investigate her please please let me know. Ty

Justin’s Answer
You hire someone to perform a background check. An attorney can’t use casenet to look up private information about someone else for you, nor tell you how to do the same.

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.