Category: KC Defense Counsel Articles

Can I charge my wife with identity theft ?

   

divorced bills report a crime

Question 

We have been separated since Nov. 2017. My wife ordered things in my name without my permission or knowledge until I received the bills in the mail in July 2018 from 2 mail order catalogs. The divorce is not finalized yet. During the time of the order I was never at the home.

Criminal Defense Lawyer, R. Christopher Simons Answer
You cannot charge her with anything. However, you can call the police to report a crime; then the prosecutor will decide whether or not to charge her.

MO School bus law

  

MO School bus law
I got honked at yesterday for passing a school bus in the opposite direction on a four-lane road in St Louis. As far as I’m aware (and as the MO driving guide suggests), this is perfectly legal, but I’m worried sick that a report may be filed, given that I was honked at. Could you please confirm the law regarding this matter, and whether there will be a case?

Justin’s Answer
You must stop, even if coming from the opposite direction.

Does Missouri suspend a drivers license based on an out of state administrative decision/suspension?

  

Does Missouri suspend a drivers license based on an out of state administrative decision/suspension?
Missouri resident with Missouri DL DUI in Kansas. Was placed on diversion for my criminal case, so no conviction. My Kansas administrative hearing is next week. If I lose the administrative hearing, will Missouri suspend my license? Or does Missouri only take action on a conviction since this happened out of state?

Justin’s Answer
Missouri honors suspensions from other states.

Can I have a 17 yr. Old boy arrested for having sex with my 15 yr old daughter?

  

Can I have a 17 yr. Old boy arrested for having sex with my 15 yr old daughter?
She lives with her mom and has been molested in the past year by her first cousin..and now she said she was to scared to say no so when the 17 year old had his way with her..but neither did she try to fight him off..she just let it happen and then tried to take her own life and has been in a physic ward the last week

Justin’s Answer
You can absolutely call the police. Missouri defines rape as sex without consent; being to scared to say no is NOT consent.

Will 33 year old father be charged with statutory rape.

  

Will 33 year old father be charged with statutory rape.
Mother was 15 years old, had consensual sex with 29 year old. Mother is now 18, child is almost 3 and mother is seeking child support. Can the courts charge father?

Justin’s Answer
You will have to speak with an attorney in your area to get a better answer, but I believe that the statute of limitations for this crime was 10 years in 2016, meaning the father can still be charged.

Can I take a 3rd degree assault that happened at work further than just pressing charges and filing a order of protection?

  

Can I take a 3rd degree assault that happened at work further than just pressing charges and filing a order of protection?
A guy at my job has assaulted me over the most ridiculous thing and I know I can take this way further than pressing charges and filing a order of protection but I need to know the step of action I should take.

Justin’s Answer
That depends on what you want to do. Depending on the circumstances, you can seek out an order of protection. You can also see about suing the person for battery, for which you will need a civil attorney.

My question is. If the prosecutor had solid evidence why keep pushing my trial date and consider a lesser charge?

   

My question is. If the prosecutor had solid evidence why keep pushing my trial date and consider a lesser charge?
Alright I’m fighting a 3rd tampering with a motor vehicle and it’s been rescheduled twice with the prosecutor not opposed to pushing it back months. If they had this imaginary solid evidence why keep pushing my trial off and why consider dropping it to tampering 2nd.

Justin’s Answer
There are plenty of reasons the prosecutor could be pushing this back, all of them speculative. We’d need to know more about your case to answer this question effectively. Don’t post facts of your case online; talk to a local criminal defense attorney.

Driving on suspened license and on probation

   

probation suspended license probation suspended sentence probation suspension probation suspension missouri suspended license dwr/dws missouri dwi missouri laws

Question 

I am on probation for DWI  and a  suspended license. I got caught driving again I was  driving my car that was not licensed or insured at the time . I am concern about  what can happened to me this time I  currently  in  the state  of Missouri?

Criminal Defense Lawyer, R. Christopher Simons Answer
You need to stop posting the facts of your case online and find a criminal defense attorney in your area. You can be removed from probation and jailed on the original DWI and DWS as well as convicted on the new charges.

Can a 15 year old date a 17 year old in Missouri?

  

Can a 15 year old date a 17 year old in Missouri?
I’m 15 and my boyfriend is 17, there is no sex, only occasional hugs and kissing. We talk for hours on end and play games on pc and console all the time, and his parents want us to break up because of the age difference, I really love him and I’m scared I’m gonna lose him, help?

Justin’s Answer
There is no crime specifically prohibiting this, but your boyfriend’s actions could fall under “Endangering the Welfare of a Child.”

is there a max sentence for armed criminal action?

   

is there a max sentence for armed criminal action?
My brother was sentenced to 250 years for armed criminal action when he was only 22. Has any laws changed in the past 20 years or is it possible for him to be brought back in front of a judge?

Justin’s Answer
There have been many changes to the law, but I cannot think of anything that will change a 250 year sentence.