Category: KC Defense Counsel Articles

Where do I locate a public defender for Domestic assault charge in St. Louis County MO?

  

Where do I locate a public defender for Domestic assault charge in St. Louis County MO?
My daughter appeared in court tonight and plead not guilty to DV which occurred October 20th 2018. Gave court date of April 24th. I am listed as witness but never received papers. I am the one who called police but did not press charges. Court papers state, “Hit across face with open palm hand”. My daughter was taken to jail. She spent 4 hrs there and was released. I just lost my job a month ago. Can someone please help…

Justin’s Answer

The court should have given your daughter that information. If not, she can ask the court on her next court date or just contact the local public defender’s office directly.

Can my friend charges be dropped or can we fight the?Whats the next step?

  

Can my friend charges be dropped or can we fight the?Whats the next step?
What the next step for me and my friend? He was transferred to a county jail by US Marshalls from a treatment facility. He has been there for two weeks and hasnt been advised of charges or seen a judge. Is there a time limit ? And what’s the next step?

Justin’s Answer
There is a time limit. Your friend needs to speak with an attorney to see that he is brought before a judge.

Can I be extradited to Missouri

  

Can I be extradited to Missouri
My friend got a dui in Jan. 2019 and had a previous one in 2012. The arresting officer charged it as a second dui, but the prosecutor charged it as a first.. She moved to south Carolina and missed the court date and there is a warrant for her.. Can she be extradited?

Justin’s Answer
She needs to speak with a SC lawyer about SC’s extradition policy, but generally, yes, she can be extradited. The charge doesn’t just go away.

Can a class C felony theft charge be dismissed at the request of the original complainant/property owner?

  

Can a class C felony theft charge be dismissed at the request of the original complainant/property owner?
Can the person who filed the police report decide to settle put of court or drop charges once the prosecutor’s office is involved? If not, will paying for the item in question (plus court costs and warrant fees) null it?

Justin’s Answer
No. The prosecutor decides to press charges, not the victim. However, if the victim is satisfied, they can contact the prosecutor’s office and let them know. Keep in mind, if you ask the witness not to cooperate, you can be charged with Witness Tampering. An attorney can help you work out such an arrangement without Witness Tampering.

Do I have to take a lunch in Missouri?

  

Do I have to take a lunch in Missouri?
I’ve searched many forums and I am unable to find a direct answer to this.

In Missouri – specifically the banking industry.

Does an employee have to take a lunch? Missouri does not mandate it. However, I was told it’s for OSHA.
Does OSHA override state law?

Can an employer disciple you for not taking a lunch.

Their policy states “ If your state does not require you to take a meal period, we recommend 30 mins” I feel like the key word is recommend.

Someone please provide clarity. Also include URLs if possible.

Justin’s Answer
Mr. Penell is correct so far as my knowledge of employment law goes. I do not know why Avvo selected me to answer this question, as I am not an employment lawyer.

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.

charged with a class A misdemeanor harassment for FB under fake account?

   

charged with a class A misdemeanor harassment for FB under fake account?
I am In Missouri. It’s almost 10 months old. I did get Discovery and only partial screenshots and statement was all had. Would that be all evidence using, or is there a real chance they would try to warrant fb for info on the deleted account? Being as it’s only a misdemeanor

Justin’s Answer
We cannot walk you through your case in these messages. You need to speak with a criminal defense attorney in your area.

Can charges be filed against my half brother and I for having a consensual relationship?

   

Can charges be filed against my half brother and I for having a consensual relationship?
I’m an emancipated 17 y/o and he is 19. We live in Missouri. My mother, who I managed to escape the custody of, recently found out about the relationship. She lost him to his father when he was 5 because of a drug problem, so we didn’t grow up together, and when I met him, taboo as it is, it was love at first sight. Nonetheless, she is threatening to file charges against us if he doesn’t drop me off at a homeless shelter by tonight. I wanted to know if this was possible or if there is anywhere else I can go to avoid jail time or worse.

Justin’s Answer
The above attorney is correct, but I will add that Incest with a half-sibling is an E-felony in Missouri, punishable by up to 4 years in prison.

Is there a chance my prior sentence to be reduced?

  

Is there a chance my prior sentence to be reduced?
I was charged with a Felony D for possession of controlled substance Except 35 grams or less of Marijuana, Misdemeanor for unlawful possession of Drug Paraphernalia, and Possession of Marijuana Synthetic Cannabinoid of 11-35 grams about a year ago in Daviess county, Missouri. I’m on an interstate compact living in North Carolina. About a week ago, I read a news article that Felony D charge for Cannabis can be dropped down to Misdemeanor. I am on SIS probation until September of 2020. Is it possible to drop the felony charge to a misdemeanor now? And what do I need to do to get my charges dropped?

Justin’s Answer
I am not familiar with any way to reduce the charge after you have pleaded and are serving probation.