Category: KC Defense Counsel Articles

Will i get in trouble if my ex boyfriend who had out a restraining order on me is the one begging me to come back?

  

Will i get in trouble if my ex boyfriend who had out a restraining order on me is the one begging me to come back?
7 months ago me and my boyfriend of 9 years got in a fight. He was also abusive to me for a few years. However the night in question,i remember him hitting me and after that i dont remember. All i can remember is talking to the cops outside and they informed me i stabbed him(was not life threatening) just a jab. He was in hospital a couple days-yes from wound but mainly for high blood pressure( which he never took care of). I spent two months in jail and he put money on my books while in there. When i got out of jail he was the one who contacted me begging me to come back and would not give me peace. He keeps asking me to move back in with him. I have had contact with him, and my court day is coming in a couple weeks. Will i get in trouble for breaking order even if he wants it dropped?

Justin’s Answer
If you have an active restraining order against you, you may not contact him. He cannot decide to just drop it without appearing in court. In fact, I’ve seen ex’s pretend that everything is fine only to immediately call the police for a restraining order violation to trap the person.

Do I need a lawyer for failure to appear in court for fines?

  

Do I need a lawyer for failure to appear in court for fines?
I have a warrant for failure to appear. The court date was for not paying fines in Jackson County Missouri.

Justin’s Answer
Depends on the situation, but, generally, if you’ve already plead guilty and just have to pay the fines, you can just pay online and the warrant will be recalled. There are some situations that require a court appearance, however, and a lawyer can be useful for that.

I was served with an out of state protective order. Do I need an attorney.

  

I was served with an out of state protective order. Do I need an attorney.
I am not sure how this affects my record. The person who filed is not being completely truthful. How can I say my side of what happened?

Justin’s Answer
The order should have a court date on it. You need to figure out where the hearing will be held and attend, preferably with a local attorney representing you. If you do not respond, the protective order will be granted by default and will last for several months to a year. During this time, the active protective order will appear on your record, you will not be able to own, purchase, or possess firearms, and there are several other possible consequences.

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.

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.

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.