Category: KC Defense Counsel Articles

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.

Harassment?

   

Harassment?
My dad had affair after 30 years. Long story short its been back n fourth harassment. The woman of affair went to court to file. This is all verbal/text harassment. My mom was at a resturant and lady came screaming yelling which altercated in “almost” physical but didnt. So no voilence acted. Do i need a lawyer or will result in restraining order?

Justin’s Answer
A lawyer can make this easier, but you do not need one. You can simply go to the circuit court and fill out the form requesting a restraining order.

Boyfriend arrested on domestic assualt with $150,000 bond. How’s the quickest way to get bond reduction?

   

Boyfriend arrested on domestic assualt with $150,000 bond. How’s the quickest way to get bond reduction?
My boyfriend and I got into an altercation at the hospital ER on 1-28-19. the police were called two separate times that evening. The second time they had me file fill out a statement, asked me if I wanted to press charges. I told him no but the prosecutor picked it up. He was arrested yesterday on 3-31-19 for 3rd degree domestic assault and his bond is $150,000. This will be his second charge for this. He pled guilty in 2017 and just received define. I don’t know where to even start to try to get him out on a bond that high. What should I do?

Justin’s Answer
Unless you are a lawyer, you cannot do anything to get the bond lowered. A lawyer, however, could file a motion for bond reduction.

What would be the reason if I got assigned a different prosecuting attorney?

   

What would be the reason if I got assigned a different prosecuting attorney?
I have a pending felony and it’s been going on for a year now had trial pushed back 3 times and just recently learned from case net I was assigned a different prosecuting attorney. What could the reason be and why wouldn’t my public pretender I mean defender mentioned it. Thanks for reading my question, have a good day.

Justin’s Answer
There is no need to insult your attorney. If you are already represented by counsel, you should ask them. There are plenty of reasons you have a new prosecutor, the most likely being the original prosecutor was assigned to a different department or the original prosecutor just got around to putting a subordinate on the case.

How and where do I fill out an affidavit of non-prosecution? I am listed as witness but never received papers to appear in court

  

How and where do I fill out an affidavit of non-prosecution? I am listed as witness but never received papers to appear in court
Daughter went to court tonight. Plead not guilty to DV. Next court date April 24th. Court papers state, “Hit across face with open palm hand”. I never pressed charges. This happened on October 20th. She went to jail that day and was out in 4hrs. I am listed as witness but never received papers to appear. Trying to get Attorney but not much time. This is an isolated incident in a good relationship. First time. What could happen? Will it help if I sign an affidavit of non-prosecution?

Justin’s Answer
Frankly, I’ve never heard of a prosecutor accepting such an affidavit. It is the prosecutor’s choice whether to press charges, not yours. If you do not wish to cooperate, you can contact the prosecutor’s office and inform them, but they are not bound by your wishes. They could order you to appear in court any.