Category: KC Defense Counsel Articles

What will mostly likely be his sentence if convicted and how much will bail be ? Also is there a chance of him getting probation

   

What will mostly likely be his sentence if convicted and how much will bail be ? Also is there a chance of him getting probation

My boyfriend got taken to jail yesterday an this morning he said they are trying to charge him with 1 count of robbery. He has a court hearing tuesday to see if he will be released, get bail, or kept in jail . He has no criminal background an record is completely clean, he is 25 years old an there were 3 other plp involved , I think he was just the driver but im not sure

Justin’s Answer

There are too many variable to inform you of this: I have seen robbery cases get dismissed, reduced to a misdemeanor, sentenced to probation, and sentenced to prison. No case is typical; an attorney would have to know more about your boyfriend’s case. I will say that, if it was a first offense and there were no injuries, he is much more likely to get probation. If he has priors or someone was injured he is more likely looking at time.

is it hard to get case throwed out? trafficing drugs had nothing but $$ we got a car loan cops got it even though we’ve got pr

   

is it hard to get case throwed out? trafficing drugs had nothing but $$ we got a car loan cops got it even though we’ve got pr

we got a loan on out car and was gonna stop at friends and they was being raided and cops stopped us in road searched us we wasn’t even on the property they took the money didn’t find any drugs on us nothing says we was attempting to traffic drugs we had proof where the money came from but yet still arrested us how can they do that when we had nothing

Justin’s Answer

Yes, it is hard to get a case thrown out. You need to find a “civil forfeiture” attorney as well as a criminal defense attorney. Unfortunately, it is quite common for police to seize money or property without actual evidence of a crime. Even if you win the criminal case, they will still try to keep your money. You will need an experienced attorney for this.

Why would a case disappear off of case net?

   

Why would a case disappear off of CaseNet?

Why would a case disappear off of CaseNet?

 

My son was charged with felony assault and armed criminal action. He has been going to court over these; Monday was court; they told him not to appear; when I checked CaseNet, the cases are gone. I have looked every day, and they are still not there. Why would they disappear, and can the state pick up these charges? I know the person that filed the assault charges hasn’t shown up for court.

Justin’s Answer

It’s possible that the prosecutor has dismissed the cases. Or, if this was a felony, they may have secured an indictment, and the case now has a new number. You should contact an attorney to search for the case for you, or you can ask the court for the status. Just keep in mind, if the prosecutor dismissed the case, they can generally refile the case if they choose. Tell your son not to talk about the case with anyone but his attorney.

 

Is judge going to arrest me when I get to court

  

Is judge going to arrest me when I get to court

How can TSA deny hazmat on just an arrest with no conviction?

  

How can TSA deny hazmat on just an arrest with no conviction?

Husband in 2003 got arrested he was 18 for first degree tampering of utility. Let go with no charges and not even a bond. applied for hazmat in 2012 and got it. let it go because he was not using it in his line of work. got a new job that required hazmat, took test passed and went and did fingerprint nd background check and it came back that charge from the TSA. Called prosecuting attorney office and they said that it says non conviction on it. TSA says we need something stating that, prosecuting office says its on the criminal history report they pulled. we are getting the run around and not sure what to do.

Justin’s Answer

This is going to be too complicated to answer in a post. You two need to speak with a federally licensed attorney.

DUI/ hit and run..now what

   

DUI/ hit and run..now what

My husband left a resident where they had been loading hay, and drinking some beer…on his way home a deer ran in front of his car he tried to swirl to miss it and hit the signs on the corner..it was drivable but it’s a car he takes to work every day so he called the same buddy to put in on the trailer so no hauling cost, someone called in the accident the hwy patrol showed up, while he was loading the car on the trailer, made him blow..1.1 arrested him and he was served two tickets DUI and hit and run

Justin’s Answer

First, stop posting facts of the case online. Second, your husband will probably need to hire a DWI attorney. At this point, the government has already started two different actions against your husband: a criminal action for the DWI/ hit and run, and a license revocation for testing over .08. These are 2 separate issues that you will need to fight.

My first thought is I would try to fight the case by pointing out that the officers didn’t actually see him driving and that it would be difficult to determine his blood-alcohol when he was actually behind the wheel. However, this is just speculation. You will need to hire a DWI attorney to investigate further.

What is a good out come for possession (heroin) and 2 felony forgery charges?

  

What is a good out come for possession (heroin) and 2 felony forgery charges?

Also, probation currently suspended for DUI because of absconding and 2 big violations. One, guilty of stealing. Two, drugs. Throw in a few current court cases, driving on expired plates, shoplifting, more stealing. Can you keep someone with these kind of charges out of prison? If not, what is an acceptable sentence?

Justin’s Answer

This case is too complicated to give you an estimate in a post. An attorney would have to investigate the case and your history before determining a likely outcome.

What happens if igranted a restraining order against the respondent for domestic violence and he violates it and gets me to also

  

What happens if igranted a restraining order against the respondent for domestic violence and he violates it and gets me to also

Is it self defense?

   

Is it self defense?

My son got into a argument with his girlfriend that he stays with her brother panned him against the wall my son left the house and went to his father’s house and brother followed him my son shot him he is okay but my son is in jail

Justin’s Answer

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.

 

Will I go to jail if I have 15 gram I haven’t went to my court date yet

   

Will I go to jail if I have 15 gram I haven’t went to my court date yet

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

Justin’s Answer

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.

What to do and how much trouble am I in?

   

What to do and how much trouble am I in?

My nephew has 3 counts of possession felony D he is currently not on probation and has court tomorrow for sentencing what happen

  

My nephew has 3 counts of possession felony D he is currently not on probation and has court tomorrow for sentencing what happen

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.

Justin’s Answer

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

Felony stealing, on accident?

  

Felony stealing, on accident?

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??

Justin’s Answer

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.

They won’t let me get a lawyer

   

They won’t let me get a lawyer

The govmt keeps harassing me and won’t let me get a lawyer or charge me with anything they are using voice to skull technology to force me to do things and I want to sue but won’t tell me agency or identify themselves when I ask plz help.

Richard’s Answer

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.

Do I have full custody of my son?

   

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.

Can a statement be used if person was under the influence illegal drugs

   

Can a statement be used if person was under the influence illegal drugs

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.

Kansas City Drug Defense Attorney Justin Hunt’s Answer:

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

   

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?

   

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.