Self-defense is a complicated analysis; impossible to do in a post. Your son will need a criminal defense attorney to investigate and defend his case.
Well I was sitting in a parking lot sleep after I woke up from this guy talking to me thru my window it was cracked and then the cop walks over to my car and asked for our ID and then he said he smells weed I was wording will I go to jail for more then 15 grams
15 grams is a jailable offense, but in most instances a criminal defense attorney can keep you out of jail and keep this off your record.
I would suggest you stop talking about the facts of your case online: it can be used against you. What you have described is probably not a defense to driving without insurance. However, in many instances, an attorney will be able to help with this situation and keep the points from the new charge off your license. An attorney can also potentially set aside the previous case and get you off probation.
Wanted to know what kind of sentence he would get for 3 counts class D felony for possession he has never been on probation before. This court sentencing is taking place in Jefferson County missouri.
It depends on the facts of the case, the judge, the prosecutor, and your nephew’s criminal history. In some areas of Missouri, probation is common for a first time felony possession. In some areas, judges require 120 days “shock” in the department of corrections before granting probation. A judge could even do hard time for a first offense, if they feel it is warranted
The recording when I opened my account can prove my ignorance, also there was never a signed authorization. I was misguided as to where my account number and routing number would be, now I’m wanted for questioning, am I facing charges that I can not win??
First, stop talking about details of your case online.
Second, that answer is too difficult to answer in a post. If you are looking at felony charges, you need to speak to an attorney in your area. They can look at your evidence, investigate the case, and let you know if you have an appropriate defense. I do NOT recommend trying to convince the prosecutor to drop the charge alone.
You are certainly able to hire an attorney. You sound like you have a tough case and will be hard to find a good attorney. Get your head looked at by a doctor so you can present evidence to a lawyer to show you have a case.
I have 2 previous convictions and completed drug court 2 years ago… Not currently on probation or parole
Yes it can happen, I have done that for a few clients in the same spot. But it will depend on the judge and facts of the case.
Do I have full custody of my son?
We have never been married, I kicked him out because he won’t keep and carry a job he has two pending felonies because he had marijuana and a firearm and later a felony charge of impersonating a police officer, he is also on probation for assault and battery…I let him keep our son lastnight because I had to be at work 4 am this morning in which I got off at noon and he is refusing to give me our son
Justin’s Answer
I cannot answer the question with certainty with the information you’ve given, but if you feel he has taken your son, you need to call the police.
A felony crime was committed the person wasn’t there but because they claimed ownership of parafanellia the law is twisting words saying that person admitted to crime.
There are several circumstances where a suspect’s statements can be used against them: voluntary intoxication typically does not prevent your statements from being used against you.
If you are charged with a felony, then you need to find an experienced attorney to represent you. They can look at the case and see if your statements to police can be excluded or if there is another way to fight the case.
WWhat is the statute of limitations on a physical assault by a family member in the same household
My brother-in-law attacked me in my home and pulled out a kitchen knife and threatened to kill me. He is out of the house now and moving out of state as of this coming Sunday and on his way to Wichita he will never be coming back.
What is the statute of limitations on a physical assault
Justin’s Answer
It depends on how the crime is charged: Three years for a felony, 1 year for a misdemeanor. But that time doesn’t run if the defendant is fleeing from prosecution. If you suspect that he is trying to flee the jurisdiction, you can contact the police.
What is a show cause hearing for restraining order?
Long story short–a family member got a restraining order on me because I didn’t show up to the hearing. Anyhow, my mother had gotten into an argument with said family member-and they argued back any forth. An unrelated matter that had nothing to do with me.
The family member told numerous people it was my mother who did it but then ran to the police and said it was “probably her” and said I violated my restraining order.
Now I have a show cause hearing. They’ve told me to find care for my children because the judge could decide that day to put me in jail. Over text messages that weren’t even me? So.. Can they throw me in jail without a lawyer or fighting it? Or what is a show cause hearing? Will they let me get a lawyer or assign one to me if I am facing jail time? What should I bring?
Justin’s Answer
The judge is ordering you to “show cause” while you should not be held in contempt for violating the order. This is a serious accusation: you need to contact an experienced domestic violence attorney to help you prepare for this hearing.
Can a court grant a PO/CPO to the petitioner if the petitioner is incarcerated?
My husband filed a PO/CPO against me in retaliation for a PO that I filed against him. On the day I filed, I was granted a temporary emergency PO as well as temporary custody of our 3 yr old son. The day we appeared in court for my PO case against him, his Attorney’s request that the case be heard with our divorce case was granted; our divorce case is yet to be scheduled. I am due to appear in court on 08/03/18 for the PO/CPO he has filed against me. However, my Husband was picked up by police on July 21 for 2 counts of 1st degree assault against me which also led to a probation violation . I do not expect him to be out of jail by our court date on 08/03/18. Is it safe to assume that this will be thrown out since he is incarcerated? His bond is currently $50,000 cash, no 10% and no surety.
Justin’s Answer
Do not assume that it will be thrown out. At a minimum, show up on the court date. Preferably, find an attorney to represent you at that hearing. You having an order against him does NOT prevent him from filing one against you.
Why would my case not be on casenet.com ?
I am facing a 1st degree assault charge and looked up my case last week and it was there but when i looked today it was no longer there.
Justin’s Answer
My guess is that an indictment went through and the case number has changed. However, there are many possibilities. If you are charged with 1st Degree assault, you need to contact an attorney to help you. This is a very serious offense.
Mental person vandalized my car ?
I want to pressing charges against a person vandalism my car. That person sitting in jail right now. I want charges against him and damaged paid to my car . what steps I need step to pursue this.
Justin’s Answer
You simply call the police to report a crime. The prosecutor will usually try to get the cost of repairing your property as part of any sentence. You can also file a civil claim for the damage to your car.
What should I do?
Back in Oct I met a guy that was 22 at the time I was 16. He knew my age and I knew his. We hung out a few times and then once I went to his house. One thing led to another and we ended up having sex. I didn’t want to. I told him no over and over but eventually stopped because I knew it was going to happen either way. So once I stopped saying no we had sex. I didn’t do anything but lay there and I had never had sex before and I got pregnant. In order to keep him out of trouble we told everyone that I lied and told him I was 17. I always felt like I hadn’t done enough to prevent having sex from happening because all I kept saying was no I didn’t want to and when I stopped is then when he started. So I feel like it’s my fault and he told me we would get through this together so I feel like it’s too late to tell my parents the truth and I don’t know what to do. I kinda don’t even feel like I was rapped because I wasn’t held down and forced to I just didn’t want to and told him no over and over. It wasn’t like the normal rape stories you hear about… I don’t know what to do
Justin’s Answer
What you are describing IS rape in Missouri. It is absolutely NOT your fault. It is not too late to tell your parents the truth and go to the police. I am sorry you had to experience this. Good luck to you.
If someone was serving a felony sentence in where they had served 120 treatment and released to serve probation or parole.
Does their status of still actually being property of d.o.c. change the laws of statute of limitations or the right to a speedy and fair trial?
While I was on probation I slipped up and sod drugs to an undercover. That was July of 2016 . I wasn’t charged or even alerted to pending charges at that time. In fact I got a successful release from D.O.C in October 2016. The has been my clean date also because I figured if they had something on me they would have to charge me before release. Jan 2018 I was charged. I’m currently in preceding now. One page of discovery was given and an offer of 10 years. No other charge but the one , and like I said I was sure it was all in the past and my entire life is completely different from 2016.
How can the department of corruption I mean corrections have me as their property and not charge me before I was released? That doesn’t make sense to me. They shouldn’t have been able to successfully release me while I had committed an offense a felony. They are charging me as P.&P because of the aforementioned charges and charges I had gotten 20years before that. So the offer of 10 is great. Except reals
Justin’s Answer
The prosecutor has 3 years to bring charges for a felony; why they waited is irrelevant. You need to speak with a criminal defense attorney NOW. Posting insults and facts about your case online is not going to help you.
When i have a ex parte against someone and they haven’t been served yet, can i tell them to stop contacting me?
My son’s father is abusive, i got a order of protection signed by the judge saying he shouldn’t contact me at all. He still is , and i know he hasn’t been served yet but it’s becoming annoying. What can i do? Can i tell him to leave me alone because of the ex parte? That might piss him off though, but i really want him to stop texting me.
Justin’s Answer
Ms. Merta’s analysis is excellent. I will add that, if you are feeling harassed, you are free to call the police and report the harassment. Non-emergency number unless you feel you are in danger.
Is there anything we can do to stop the harassment?
I am currently living in a condo with my very close friend. She is currently on disability for medical and has a 10 year old son. She has been renting the condo for 5 years , and president of the condos has always started problems with her. Now that I am here things are worse. She has stopped neighbors and told them nasty things about my friend in the hopes to get her to move out. DFS has been called anonymously 5 + times, and no problems have been found. She has said things like”my friend is a drug addict” ,”don’t talk to her because she is bad news” , “Blank and her neighbor are making the condos white trash and it’s bringing down the value of the condos” ,” this isn’t a place for kids, they should be living in section 8”, Now,there is a new president and she has began to do the same thing. She has said things about both of us to many many ppl and now it has the whole neighborhood watching us. Also, I am threatened with the police if I have any guests and if I even walk outside to talk to anyone then she tells ppl I’m dealing drugs. I have many friends, and she has made it to where I fear the cops will be called if I even have guests at my house.
Justin’s Answer
You can apply for a protective order. Just go to the court of the city or county where you live and ask the clerk for a protective order. The are some forms to fill out, but the procedure is relatively straight forward. It sounds like this might fit the criteria for stalking, but without know more about your situation, I cannot tell you how likely a judge is to grant the restraining order.
You can also call the police to report the harassment. I’d suggest the non-emergency number.
If this doesn’t work, you have several legal options that an attorney can help with: I find that a strongly worded cease and desist letter is generally enough to make most aggressors back down. You might also consider a civil suit for slander.
Please remember that this is generalized information. You should probably speak with an attorney to get specific advise on your case.
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