Category: KC Defense Counsel Articles

How long after being bullied repeatedly can I press charges ?

   

How long after being bullied repeatedly can I press charges ?
The girl that was bullying me pressed charges on me for hitting her but she repeatedly kept calling me names and shoving me in the bathrooms and call me deaf which I’ve had multiple surgeries on my ears cause I can’t hear well but this was back in December 14 can I still press charges

Justin’s Answer
You can still report this to police; the statute of limitations for misdemeanors has not expired. However, if you have charges against you, you need to contact a defense attorney. It sounds like you have a valid claim of self-defense, but it will be difficult to raise this defense on your own.

How do I get a paraphernalia ticket dismissed with incorrect information?

   

How do I get a paraphernalia ticket dismissed with incorrect information?
I was given a ticket for possession of marijuana paraphernalia and appeared at court today and wasn’t on the docket. The prosecuting attorney hasn’t filed the ticket apparently, but my name is not right on the ticket nor does my address match that of my ID. The only info the officer got right was my license number, birthday, and first name.when I asked about it the court told me to go home and I had to insist they take my address so I can be sent a summons for court if/when it’s filed. How do I get this dismissed and over with

Justin’s Answer
No one can tell you how to get a ticket dismissed over Avvo. I would suggest contacting a criminal defense attorney in your area to see if they can get it dismissed. As the above attorney says, that is not something that usually results in a dismissal, but there are other ways to get it dismissed.

What can I do if my child other parent refuses to pay court ordered child support?

   

What can I do if my child other parent refuses to pay court ordered child support?
The other parent will get a job for 1-3 months, quit, and work under the table (or not work at all). His excuse is always that he either cant make enough to support himself much less a child when I’m usually making less than he is. he will also state that I have angered him in some way and this is my punishment. I have sent proof of this to the case worker four years now and yet still nothing has been done. Is there something I can file to take him to court for refusing to pay child support like this?

Jordan’s Answer
Child support is an Order of the Court and if he refuses to pay your can file a Motion for Contempt Citation, which could result in jail if he has had the ability to pay you child support and he just refuses to. You can also reduce the amount of support that he owes to a Judgment against him and attached his back accounts, wages, real estate or other assets in order to get paid. I would advise you to speak with a family law attorney if you need help.

Am I looking at jail time? Court in 3 hours! Got no response yesterday?

  

Am I looking at jail time? Court in 3 hours! Got no response yesterday?
I tried this already but got no feedback! I have used all my allowed continuances and today 7/18/18 @ 6:00pm is my court date where I’ll have to plead either guilty or not guilty to 3 charges. 1. Leaving the scene of an accident. 2. Very small amount of marijuana possession. 3. Not sure what it’s actually called but as I was pulled out of my vehicle to speak with Overland PD someone in the back seat tossed an eye glass container with an “unknown controlled substance” into my driver side floor board. There were 3 passengers in my vehicle. I was told it would be sent to a lab to test what it is. Now I am NOT guilty of the unknown substance charge whatsoever. The “accident” was more like our mirrors tapped in road rage while the other driver drove on the wrong side of the road to get around me. I’m not sure what to plead or what to expect. Thanks for your time!

Jordan’s Answer
You are probably not going to serve any time even if you plead guilty, but I would consult a lawyer anyways. Pleading guilty to leaving the scene of an accident can lead to the suspension of your license. An attorney can most likely work out a plea agreement to avoid the suspension of your license.

How can I find out if my minor child has a warrant without implicating them? If no way to safely do so, how long till an arrest?

  

How can I find out if my minor child has a warrant without implicating them? If no way to safely do so, how long till an arrest?
My minor child could have possibly been involved in a couple of kids being in a neighborhood backyard and has been accused of having something in their hands when seen. Someone other than the property owner has since stated they are going to sign a warrant to have my child and another child brought in. This person states they physically saw those involved.

Jordan’s Answer

Typically an attorney will be able to search a database for a person’s active warrants. It varies from court to court, but most have a case lookup function that should list a warrant. You can look for an attorney online that gives free consultations and he might be able to check for a warrant.

Is there any way I can move out at 17?

  

Is there any way I can move out at 17?
Mom controlling too much and mentally abusive. I’m in highschool with a job and a car

Jordan’s Answer

Most states allow a minor to seek emancipation but it is largely dependent on the findings of the Juvenile Court officer. The process would likely take at least a year. It is probably better and easier to wait until you turn 18.

SIS, DMV, DUI question in Missouri.

   

SIS, DMV, DUI question in Missouri.
I got a felony DWI 2nd degree assault on SIS probation and off in less then a month. Luckily the person was not harmed and besides some bruises and such. Well so I have a refusal to submit to a breath test with the DMV and the SIS at the state. Will the refusal to submit drop off when my assault charge does? Or is that separate from the SIS?

Justin’s Answer
The refusal to test is a civil action separate from the DWI charge and does not drop off. You will have to go through the procedure to get your license back. This is relatively straight forward and the MO DOR website lists the procedure, but if this is a felony DWI, you may have other issues holding it up. I suggest contacting a DWI lawyer in your area and asking for a consultation.

Unless you meant you were charged with a probation violation for failure to submit; that is a whole different can of worms that I would also recommend talking directly to an attorney for.

I am not going to trial for a dv i wrote a letter stating the fact its the wrong person

  

I am not going to trial for a dv i wrote a letter stating the fact its the wrong person
it was a year ago on the 4th of july i was intoxicated and a man name salvage jumped on me and i was walking by the police station and went in for help but i was crying and they showed me a picture of my guy and i got excited and said it was him when i gotten sober i realize it was not him and i went to the prosecutor and told him that and wrote a letter to the fact and one prosecutor stated they will drop the charges because they do not have any body that will be a witness i guess but they or still fighting it and i feel guilty because they or charging the wrong one

Justin’s Answer

If you feel guilty, you can go to trial and will have an opportunity to clarify what you meant. If you are subpoenaed for trial and do not show, you can be arrested.

How long can Walmart banned you from there store if not court order?

  

How long can Walmart banned you from there store if not court order?
Git caught shoplifting at moberly mo Walmart in 2014 and they say I can’t be in store

Justin’s Answer
As long as they want; it’s a private company. If you want access, you will have to contact a representative of Walmart and get written permission.