Category: KC Defense Counsel Articles

Is this cause for a motion to suppress?

   

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QUESTION 

My son was pulled over and asked why he was in the area that he was. The cop stated his plate light was out and that the actual reason for the stop. 1 of his 2 plate lights worked. Plate is very well lit. officer ran his name and turned out he had a warrant un-beknown to us. He has no criminal background whatsoever I want to add. He placed my son under arrest for the warrant, nothing else was mentioned about the light, patted him down and asked what was in his pocket. my son admitted it was a pipe and grinder. The officer locked my son’s car and put the keys on the top of it. he then asked my son if he had anything else on his person. he said no but i do have weed in the console. cop leaned my son against his car and then unlocked it and got the weed out. then my son was taken to jail. isn’t there a statute that if the person is arrested for a charge that is anything other than what he was stopped for that any evidence found is inadmissible?

 

Criminal Defense Lawyer, R. Christopher Simons Answer

There MIGHT be argument for an illegal stop/search based on the plate light, but there is absolutely nothing preventing officers from using legally found evidence in multiple cases. You need to find an experienced criminal attorney to help your son in this case.

I’m out on bond I got a warrant for municipal Court why I’m out on bond for something else will they revocable my bond ?

   

Bail Bond Money

I’m out on bond I got a warrant for municipal Court why I’m out on bond for something else will they revocable my bond ?
I’m out on bond for a felony charge and I have a warrant for municipal Court which is just a city ticket

Justin’s Answer
The judge can revoke your bond for this. You should talk to a defense attorney about getting the warrant lifted.

Will I go back to prison for dui?

   

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Question: Will I go back to prison for dui?
I hit a car and drove off while drunk. I got pulled over and taken to jail. I’m on parole

Criminal Defense Lawyer, R. Christopher Simons Answer
Going back to prison is a possibility. You need to stop posting facts of your case online and talk to a defense attorney in your area today.

Will I have to take a UA at SATOP Level II (WIP)?

   

Will I have to take a UA at SATOP Level II (WIP)?
I had some drinks on Tuesday and I’m scheduled to take the WIP this weekend. Yes, I know, I shouldn’t have drank, I’ve been sober since Easter, but not a lot of my friends know, and we had a dinner party. (I’m not supposed to drink for first 6 months of probation). What happens if they test on Friday evening and I’m dirty?

Justin’s Answer
You may be tested. If you test positive, you may violate your probation and go to jail. You need to speak with an attorney about your case.

 

Will I have to take a UA at SATOP Level II (WIP)?

  

Will I have to take a UA at SATOP Level II (WIP)?

I had some drinks on Tuesday and I’m scheduled to take the WIP this weekend. Yes, I know, I shouldn’t have drank, I’ve been sober since Easter, but not a lot of my friends know, and we had a dinner party. (I’m not supposed to drink for first 6 months of probation). What happens if they test on Friday evening and I’m dirty?

Justin’s Answer
You may be tested. If you test positive, you may violate your probation and go to jail. You need to speak with an attorney about your case.

Does the judge have the right to state what the city or county would recommend without prosecutor present in the court room

   

Does the judge have the right to state what the city or county would recommend without prosecutor present in the court room
I got an driving while suspended and have been reinstated before court but at the time of court the prosecution was not present even though it was only my arraignment but I did ask what the city would recommend and the prosecution wasn’t present so the judge stated my license would be suspended for a year

Justin’s Answer
The judge was probably just informing you that pleading guilty to driving while suspended comes with 12 points and an instant suspension.

I got false accused of rape but I didnt do it I losted my virginity when I was 19 and he was a virgin to

   

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I got false accused of rape but I didnt do it I losted my virginity when I was 19 and he was a virgin to
I got accused of rape I didnt do it what should I do.
Justin’s Answer
You need to speak with a criminal defense attorney in your area. You can click the “Find a Lawyer” button above to find one.

Challenging breath or blood tests in DUI case in Missouri

   

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop every driver at a checkpoint. There must be an established pattern for stopping motorists. However, the police do not need reasonable suspicion to stop a vehicle at a sobriety checkpoint in Missouri. These checkpoints can be set up at any time though they are common during weekends, holidays, late nights and early morning hours.

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Challenging BAC test results associated with breath tests/Breathalyzers

   

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop every driver at a checkpoint. There must be an established pattern for stopping motorists. However, the police do not need reasonable suspicion to stop a vehicle at a sobriety checkpoint in Missouri. These checkpoints can be set up at any time though they are common during weekends, holidays, late nights and early morning hours.

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Drunk Driving Defenses in Missouri

   

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop every driver at a checkpoint. There must be an established pattern for stopping motorists. However, the police do not need reasonable suspicion to stop a vehicle at a sobriety checkpoint in Missouri. These checkpoints can be set up at any time though they are common during weekends, holidays, late nights and early morning hours.

… Continue reading