Category: Questions & Answers

Can I go to request time with the judge to request for a failure to appear warrant to be lifted myself if I dont have a lawyer??

  

Lawyer

Question: Can I go to request time with the judge to request for a failure to appear warrant to be lifted myself if I dont have a lawyer??

I missed a court date and I was reading on some attorney website that an attorney is able to show up to the next available court date for that circuit request time with the judge and ask for the warrant to be lifted but I cannot afford an attorney so I would like to know if I am able to do this myself?? I know that you guys answered for somebody else saying that when you miss a court date you do not want to ignore it that you must take care of the problem so what can I do to avoid having to get arrested on a failure to appear warrant now that I have already missed the court date??

 

Answer:

In theory you are able to do this, but it can be risky. If the judge included a bond with the warrant, you can pay the bond or hire a bondsman to pay it for you. Some courts also have amnesty days where you can surrender and have the bond lifted. Otherwise, you will have to take the chance and either surrender and wait for court or show up on a court date and ask to be added to the docket. Keep in mind, not every court will do this; they might just arrest you and hold you in jail. Also keep in mind, in Missouri, if the charge has a victim, the judge cannot change the bond unless the victim has received proper notice.

 

Justin C. Hunt

Expungement Attorney in North Kansas City, MO

Charged or not? No paperwork, court date was same day of release?

  

court

Question: Charged or not? No paperwork, court date was same day of release?

My partner and her sister got into an argument. My partner tried to deescalate, to walk away, and the sister blocked her path. At one point, the sister stole her keys so she couldn’t leave ans when my parter tried to reach for them, the sister shoved her.

My partner reacted and punched her shoulder. Sister called the cops. Lied and said she had been punched hard in the chest and that she had just been released from the hospital for lung surgery. (Wow)

My gf admitted to hitting her on the shoulder and she was arrested. The next morning she was released from jail without paperwork. She shows up on the “last 3 years of booking” for our county sherrif, but there is no case number, only a file number.

No mugshot.

According to the file, the court date was the same day she was let out of jail, but she wasn’t taken before a judge.

It’s been 6 months and we have heard nothing. What is going on? How do we figure this out?

 

Answer:

There are a few possibilities: Either the prosecutor is still reviewing the file to decide to prosecute, the prosecutor decided not to prosecute, or she missed the court date and has a warrant for her arrest. You can try contacting the court to see if she has a charge/warrant.

 

Justin C. Hunt

Expungement Attorney in North Kansas City, MO

Can 1 person in a house be convicted in a house if drugs are found in a common are such as the garage

  

Lawyer

Question: Can 1 person in a house be convicted in a house if drugs are found in a common are such as the garage

Dude got arrested when door was kicked in and weed was found in garage

 

Answer:

It is possible. If the person had access to the garage, they could be charged under what is charged constructive possession, meaning they had the knowledge and ability to possess the items even if it wasn’t actually in their hands at the time. However, the prosecutor would still have to prove that your friend did have that knowledge and ability. Your friend should contact a lawyer to try to resolve this and you both should avoid putting facts of the case online.

 

Justin C. Hunt

Expungement Attorney in North Kansas City, MO

I have a 1 degree Statutory rape and I was trying to get it removed or a lease drop drown so I can get the leg monitor of me.

  

lawyer

Question: I have a 1 degree Statutory rape and I was trying to get it removed or a lease drop drown so I can get the leg monitor of me.

I got the case when I was 18

 

Answer:

If this is a current case, you need to speak directly to a criminal defense attorney in your area. If this is an old case and you have to wear the monitor for probation/parole, you will need to speak to an appellate lawyer. This is much too complicated for internet Q&A.

 

Justin C. Hunt

Expungement Attorney in North Kansas City, MO

I want to drop all charges I have against My ex G/F ?

  

complaint withdrawn

Question: I want to drop all charges I have against My ex G/F ?

I have reported my truck stolen from my house and my ex G/F is the one who stole it.so I pressed charges on her.well the Butler County sheriff office located my truck later on that night.. 4 months later she finally got arrested ,.I decided to drop all charges against her when i went to the prosecutor.2 days after i did they suppenna me to court,.I dont want to testify and i want to drop charges,on her,.will i get into trouble if i dont show up to testify

 

Answer:

Unfortunately, the prosecutor is the one that decides to press charges. You can tell them you do not wish to cooperate, but they can still force you to appear with a subpoena. If you ignore the subpoena, the court has options to force you to comply, including issuing a warrant and bringing you to court by force. Some courts take this step, some don’t. You would have to speak to a lawyer in your jurisdiction to learn how likely a judge would be to enforce the subpoena, but even then there is no guarantee. You could also fight the subpoena with a Motion to Quash, but this can be complicated.

 

Justin C. Hunt

Expungement Attorney in North Kansas City, MO

Can I be charged with trespassing at wallmart if I haven’t been convicted of the original theft Wich they trespassed me for ?

   

wallmart court charged

Question: Can I be charged with trespassing at wallmart if I haven’t been convicted of the original theft Wich they trespassed me for ?

I was written a ticket for stealing a 7$ item in Springfield mo , and they had me sign something saying I wouldn’t come on their property anymore , went to court had them reschedule . Then got caught in their parkinglot and was given a ticket for trespassing , but obviously haven’t been court ordered to stay away from wallmart yet

 

Answer:

The trespassing does not depend on the criminal case. A business does not even need to accuse you of a crime to ban you from its property.

 

Justin C. Hunt

Expungement Attorney in North Kansas City, MO

How do I file a motion in discovery?

  

file a motion in discovery

Question: How do I file a motion in discovery?

I got pulled over for supposedly not using my turn signal and crossing into the other lane. They also charged me with a could felonies and a misdemeanor. They split up my tickets with my charges thinking I would pay for the tickets when I know I in used my turn signal and everything!!! I wanna see body cam and vehicle cam before I pay anything. If I was in the wrong I will pay for it no problem. I just don’t know how to go about all this.

 

Answer:

If you’re charged with a felony, you have a right to a lawyer; better to let the lawyer handle all this. Requesting evidence is easy for a lawyer to do, but explaining the steps to a non-lawyer over the internet is complicated.

 

Justin C. Hunt

Expungement Attorney in North Kansas City, MO

How can I find out if they got me on film dropping my stuff

  

cash register

Question: How can I find out if they got me on film dropping my stuff

Somebody dropped some meth into Casey’s store and they think I dropped it it was up by the cash register and they reviewed the film they said they had enough to give me a ticket

 

Answer:

You have a right to see the evidence against you. This is called Discovery. Depending on the court, you will have to file a motion requesting discovery or fill out an application for the prosecutor or police department.

Justin C. Hunt

Expungement Attorney in North Kansas City, MO

How can I get a mistake on my background fixed?

  

Question: How can I get a mistake on my background fixed?

I have a failure to return rental property conviction for a DVD back in 2002. It was a low class misdemeanor with a $25 fine. Around 2010 the state didn’t have a disposition on that case so they had the county enter it into the system. Someone click the box for over $500 instead of under $500 by mistake.
I was recently pulled over and arrested for being a felon in possession of a concealed weapon because of this charge. I’m not a felon.
The charges were dropped when the prosecutor could not locate the felony that I had been convicted of, and my firearm was returned to my husband’s possession, as somehow I am still seen as a felon. I’ve talked to the State and they need the county to correct their mistake. The county has destroyed the records and can’t verify that it is a mistake, even though it shows a $25 fine and nobody can think of a felony that warrants a $25 fine.
I was quickly fired from the best job I’ve ever landed because this showed up in my background after a few weeks of employment. It’s been devastating. Please help.

 

Answer:

Sorry you are going through this. It sounds like it would be easily expungable. Have you spoken to an Expungement Attorney near the county this happened in?

 

Justin C. Hunt

Expungement Attorney in North Kansas City, MO

Is it a good idea to hire a DUI lawyer

   

Question: Is it a good idea to hire a DUI lawyer ? How likely am I going to lose my license ?

I was driving under the influence in Platte County, I took a left turn hit my right headlight into another car. Some how the cops saw the incident or heard can’t really remember. I did all three test then they arrested me and sent to the police station where they breathalyzed me. It was over .8 and let me go the next morning

Answer:

Yes you absolutely need to hire an attorney. The law around DUI’s involve probable cause, analysis of the field sobriety tests, calibration of the device you blew in etc. etc. etc. That does not include knowledge of court procedure involving evidence and the administrative side.

There are 2 sides to every DUI. The criminal side and the administrative side. The criminal side is the Jurisdiction versus you. The administrative side is the department of revenue verusus you. Both have consequences regarding your license.

A knowledgeable attorney will navigate both of these, as well as the procedures and regular practices of the judge and prosecutor.

Richard Christopher Simons Profile | North Kansas City, MO Lawyer | Martindale.comR. Christopher Simons DUI Lawyer