Category: KC Defense Counsel Articles

What does it mean that I have to get a petition before I can get my license back?

  

What does it mean that I have to get a petition before I can get my license back?

My boyfriend was charged with a Felony E dwi persistent in Missouri. Is it likely that he could get probation?

  

My boyfriend was charged with a Felony E dwi persistent in Missouri. Is it likely that he could get probation?

He has a very good job and children and a lot to loose if he had to go to prison. He posted bond for 5000 cash only.

Justin’s Answer

You would have to talk to a DWI attorney practicing in Nevada to answer that question. I would say very unlikely given that there is a minimum 30 days by statute for persistent offenders. However, a skilled DWI attorney can possibly get that charged reduced.

Can you do jail time with first afense dui with a minor in the car? No one went to jail that night just a court appearance.

  

Can you do jail time with first afense dui with a minor in the car? No one went to jail that night just a court appearance.

Had just had a few drinks and there was a check point.

Justin’s Answer

Yes, jail time is a possibility. A first time DWI is a B Misdemeanor, meaning you could do up to 6 months in jail. However, there is more to worry about: If you had a child in the car, you could also be charged with child abuse/endangerment. If you were recently charged with DWI, the Department of Revenue has already started civil proceedings to suspend your license: this is an entirely separate process from the criminal charge.

This is a very serious situation. However, an attorney can work to keep you out of jail, keep the charges off your record, and help you keep your license.

Is a DUI in Missouri considered a crime?

  

Is a DUI in Missouri considered a crime?

My wife recently filled out an application for a job she was offered. On the application there was a question that simply asked, ” Have you ever been convicted of a crime?” With no other explanation. We discussed it and she put down no. About 10 years ago she got a DUI, but we thought that wasnt considered a crime, but a driving infraction. After more research we are worried that we had put the wrong answer down and it may impact the decision. We are not trying to hide anything, but felt based on the way the question was asked we had put the right answer. Advice please?

Justin’s Answer

Yes, it is a crime in MO. However, as the other gentlemen have stated, it’s possible that she did not get a conviction for it. You can try looking up the case at the court house, or an attorney could try looking up the charge to see it it resulted in a conviction.

Is it true you don’t have to have a Drivers licence if your not performing an act of commerce and are just travelling

  

Is it true you don’t have to have a Drivers licence if your not performing an act of commerce and are just travelling

Got arrested for driving wile suspended, was held for 24hrs and never issued a ticket. I was told on my release that a warrent may be issued for fellonie driving.

Justin’s Answer

This is just a myth. Whoever told you this is mistaken or just lying to you. You need a license to drive.

How to get video surveillance from a police department camera?

  

How to get video surveillance from a police department camera?

An incident happened outside of the police department and a bank where someone accuse me of a crime I know there should be video surveillance from the police department that picked up the whole incident can I ask the police to preserve it or do I have to go through an attorney or is all police surveillance public domain

Justin’s Answer

An attorney can get this evidence for you and use it much more effectively. A motion to preserve evidence is relatively simple, but there are still a lot of mistakes you could make if you try to do this alone.

My wife feigned assault when she came into our home with family to take stuff…should I be worried?

  

My wife feigned assault when she came into our home with family to take stuff…should I be worried?

Wife showed up with family, moving van, and proceeded to come into our home, whisking past me when I went outside to find out the matter…family began taking things and I couldn’t stop them. Wife feigned that I pushed her down when nobody was around and started screaming. Another step daughter was taking items out of the house, and I tried to stop her, but she resisted my attempts…Police arrested me, and they both pressed assault charges against me, for putting my arms around my step daughter and ask her not to be taking things out of the house. Police report from officer says he will write that she forced the confrontation by having her and her family invade the house. Nothing was peaceful about her invasion…should I be worried?

Justin’s Answer

Absolutely be worried. You are probably going to be charged with domestic assault. A conviction for this could revoke your 2nd Amendment rights and put you in jail. You should talk to an attorney immediately.

What if I am not driving the car and I am just the passenger do I have to show my ID to the police?

   

What if I am not driving the car and I am just the passenger do I have to show my ID to the police?

My friend got pulled over for speeding I was in the passenger seat had my seatbelt on everything and they asked me for my name and ID did I have to give it to them

Justin’s Answer

Again, they have to have a reason to ask; if they don’t, you can turn them down. However, you have no way of knowing if their request is legitimate or not. Playing games like asking, “is this a request or an order” is a good way to make the stop go as badly as possible for you and the other people in the car. I generally tell people to just show their ID unless they have a really good reason not to.

What can be done?

  

What can be done?

My husband got a summons to appear on a charge of stealing at a Target store in Kansas City, Mo. He and his son have the same name. My husband has proof that he was working in Omaha, Ne. Does Target have to show some sort of proof in court ie…pictures, video?
Thanks for your time.

Justin’s Answer

First, he must answer the summons. If not, a warrant will be issued for his arrest.
Second, when he does appear, he should not try to tell his story to the judge; the first appearance is not the time for a trial.
Third, Target doesn’t present the evidence. The prosecutor does and, if the case goes to trial, they have to convince the judge/jury of your husband’s guilt beyond a reasonable doubt.
Finally, if he does have video evidence, then he has a strong case to fight. A lawyer would be able to evaluate the evidence and make the most of it. You should find a lawyer quickly, as the officers sometimes “forget” to request security footage from the stores until it’s too late. Then it will be up to the words of the witnesses.

My brother was wanted by the police for questioning when they caught him he had a gun on him and he’s already a convicted felony

  

My brother was wanted by the police for questioning when they caught him he had a gun on him and he’s already a convicted felony

How long does it take for them to issue charges on you that you wasn’t booked for but was booked for the charges that they was looking for you for the charge they were looking for you for was dropped

Justin’s Answer

The state has up to 3 years to file a charge for felon in possession. I have seen prosecutors file cases quickly and I have seen them sit on cases for months. Heneeds to speak to an attorney about this as quickly as possible.