Category: KC Defense Counsel Articles

How do you fight a domestic violence charge ?

  

How do you fight a domestic violence charge ?

My husband has been arrested and charged with domestic violence. He is being accused of choking my oldest daughter. She has recently been getting into alot of trouble with lying to the police, running away and stealing. We were about to send her away for help and now comes this accusation. She never told me personally of this incident and i have major doubts. Where do we start with his defense?

Justin’s Answer

You start by hiring a lawyer. No lawyer can condense years of training and experience into a few sentences for you to read. More importantly, if you try to help on the case you will be guilty of practicing law without a license.

How does my ex get out a false statement charge?

  

How does my ex get out a false statement charge?

My ex went through a rough time with her husband and needed a place to stay. I let her stay with me. She has a drinking problem and calls the police a lot. One night she she called stating I had hit her. She called multiple times and on the last visit from the police she said I didn’t actually hit her and she was arrested. Can I help her or is she in trouble?

Justin’s Answer

If the police or prosecutor contact you, you can request that they not press charges, otherwise, it is out of your hands. You do not get to decide whether charges proceed.

Me ex has an ex parte on me claiming she is terrified of me. We share on the title a minivan that she came to my home and took.

   

Me ex has an ex parte on me claiming she is terrified of me. We share on the title a minivan that she came to my home and took.

Can she violate her own ex parte and come to home to take the vehicle while I’m sleeping? Can I petition to have the ex parte dropped since clearly I’m not a threat to her? The claims she made on the ex parte had no evidence backing them more did I ever hurt her. Why should I have an ex parte on my record that allows her to come to my home?

Justin’s Answer

She does not have an ex parte; YOU do. So there is nothing for her to violate. You must appear in court to fight the ex parte. I suggest hiring a lawyer to go with you.

Should I get a license in another state before my home state revokes my license for 10 years and I can’t get a hardship license?

  

Should I get a license in another state before my home state revokes my license for 10 years and I can’t get a hardship license?

Adult at what age in Missouri

  

Adult at what age in Missouri

Having an debate with my childs other parent on whether or not they’re considered a legal adult at 17 or 18 in Missouri. Could someone help us solve it?

Justin’s Answer

Depends on what you mean. If someone commits a crime, the age of adulthood is 17.

I need an ID to go to the dr. And I have a warrantfor absconding for probation violation on a controlled substance

  

I need an ID to go to the dr. And I have a warrantfor absconding for probation violation on a controlled substance

I was illegally searched in Charlotte county Florida and I’m on mental disability. I need to get an ID so I can get to the dr. Will I get arrested if I go to license branch to get ID? I’m trying to get this taken care of but my public defender is supposed to talk to the judge, the judge was on my side he knew the plea wasn’t going to work so he said have ur lawyer talk to me when mlm u get back and we will rearrange the plea where it will work for u but he won’t do it. I need help please

 

Justin’s Answer

If you go to update your ID, they may see the warrant. You should talk to your public defender about getting the warrant lifted.

What does it mean when on case net it says commitment after jail sentence return-served?

   

What does it mean when on case net it says commitment after jail sentence return-served?

My husband was charged with possession. They ordered drug court but since he didnt qualify and after sitting time in jail he plead guilty to 5 years probation with 7 year backup. We looked on casenet Nd on 7/03 it says commitment after jail sentence return- served so we wanted to know if it’s a warrant or what

Justin’s Answer

This question is too specific to answer in a public post. You need to contact an attorney to go over the details.

Are public defenders reliable when fighting a fed case? What are the pros and cons to then?

   

I am currently fighting a federal case with 9 counts and was appointed a public defender because at the time I couldn’t afford a private lawyer. It is a serious offense and seems like it could carry alot of time if convicted. Is it best to try and get my own defense lawyer or can a public defender get the same results?
This is my first offense

Justin’s Answer

It defends on the public defender. In my experience, public defenders typically have much more trial experience than private attorneys, simply because their practice is focused there. The local office here in Jackson County are among the best in the state and have recently had a lot of success against the prosecutor’s office.

That said, they are generally over-worked and have much less time to focus on an individual case. If you are worried about this, many private attorneys offer payment plans and free consultations.

Is it legal in the state of Missouri to falsify the year that a home was built?

   

Is it legal in the state of Missouri to falsify the year that a home was built?

I purchased a home in 2013 that had been repossessed by a bank after the death of the prior owners. It was sold to me on a cash-only basis and I was told that the house was built in 1970. My deed of trust says the house was built in 1970 all legal documents specify the houses being built in 1970 but I have found out in the last Almost 5 years since I purchased the home that the home was not built in 1970 but 1949. Is there a statue of limitations on what I can do and is there anything I can do about the falsification of when the house was built

Justin’s Answer

If someone intentionally falsified the records, they could be charged with fraud. However, if the crime dates back to the 70s, the statute of limitations is probably up.

More importantly to you, if the seller falsely represented the year to you, you may have an action against them to recover any financial loss you have suffered. You would have to contact an attorney for more information.

Can my wife agree not to have boyfriend at child exchange then bring him anyway?

   

Can my wife agree not to have boyfriend at child exchange then bring him anyway?

My wife and I separated 2 months ago. She moved 100 miles away. We have been trying to work out parenting time for our 2 children. Boyfriend threatens and taunts so I ask wife if I come to get the kids if she will keep him out of the exchange. Drive 2 hours to meet at designated place just to find out he is with her taunting in the background. Anything I can do to keep him out of exchanges?

Justin’s Answer

If you do not have a court order preventing it, then yes, she can change her mind. However, if the boyfriend is behaving inappropriately, you can possibly get a court order keeping him away from these meetings and away from your child if the behavior is severe enough. You will have to speak to a family law attorney to learn more.

What what can I do?

   

What what can I do?

Last year I had three tickets first tickets ever in my life 2 no insurance and one failure to stop at a stop sign I paid all three tickets off in full before the day of my court date just yesterday I was arrested and taken to jail due to driving on suspended license the reasoning behind that they said was I never paid my ticket when I did I have receipts and confirmation number what do I do

Justin’s Answer

You will need to hire an attorney to help you with this. It’s possible your payments weren’t processed correctly. It’s also possible that those tickets triggered a point suspension on your license, which may be the real reason you were charged. There are too many variable to answer in a public post.

What is the judge going to say or ask me?

  

What is the judge going to say or ask me?

I am 17 and I received a MIP a little over a month ago. I did do the breathalyzer and blew a .058. I don’t know what to say when I walk into court or what the judge is going to ask me. I do not know who my prosecutor is. I also did talk to an attorney, and he suggested for me to do 20 hours of community service before my court date, but now since I waited so long I will not be able to do that. This is also my very first offense of any kind on my record.

Justin’s Answer

The judge is going to inform you of the charge or charges against you and the possible penalties. Then the judge will ask how you plead. The judge will hopefully encourage you to ask for a continuance to contact an attorney. You should do so. In my area, MIP is a relatively easy charge to keep of your record. However, a local attorney can tell you more.

Will i face jail time for violating probation on first offence for sale crime

  

Will i face jail time for violating probation on first offence for sale crime

I’ve been on probation for a year and have one more to go. It is for shoplifting. I made the mistake of shoplifting again for 150 of merchandise. I have court in Sept. Am I facing jail time for first offence

Justin’s Answer

Yes. Judges are prone to put probation violators in jail, especially if they re-offend with the same crime. You could be looking at jail for violating probation AND on the new charge.

Any warrants

  

Any warrants

Any warrants for Leonard Franklin Eplin sr.

Justin’s Answer

This question cannot be answered in a public post. Contact a local attorney.

What should I expect for a first time speeding ticket going 80 in a 50 in Missouri?

   

What should I expect for a first time speeding ticket going 80 in a 50 in Missouri?

Got pulled over doing 80 in a 50 zone have a court date set for 3 months from now want to know what to expect because I assume it is not good

Justin’s Answer

Speeding, especially 30 over, is a jailable offense in Missouri. However, an experienced attorney in this area should be able to keep you out of jail.

This this is the question of a convicted felon protect themselves?

  

This this is the question of a convicted felon protect themselves?

There is no higher court or lower court that can prevent you from protecting yourself it is your god-given right the government cannot take that away from you for protecting yourself you have the right to live and no one can take that right away from you

Justin’s Answer

A felony conviction prohibits you from possessing firearms. This has been established for decades. However, an experienced attorney can try to get your felony expunged and reinstate your firearm rights.

If a motorcycle was involved in a high speed and know one was caught but bike was found and impounded, can charge owner

  

If a motorcycle was involved in a high speed and know one was caught but bike was found and impounded, can charge owner

Previous owner has only signed back of title they bought 4 yrs ago…can they wait for someone to claim bike then pursue charges

Justin’s Answer

Mere ownership of the bike probably wouldn’t be enough for conviction. However, there is circumstantial evidence that could contribute to that. This question requires you to speak with a local attorney as there are too many variables.