Law Questions Answers By KC Defense Counsel Attorneys

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Question: Can I go to request time with the judge to request for a failure to appear warrant to be lifted myself if I don’t 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.

 

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 partner 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 girlfriend 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 sheriff, 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.

 


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.

 

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.

 

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 subponena. 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.

Question: Can I be charged with trespassing at Walmart if I haven’t been convicted of the original theft that 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 and had them reschedule . Then got caught in their parking lot and was given a ticket for trespassing , but obviously haven’t been court ordered to stay away from Walmart 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.

 

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 two felonies and a misdemeanor. They split up my tickets with my charges, thinking I would pay for the tickets when I knew I had 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.

 

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.

 

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?

Question: Can I get a valid drivers license in another state if I had received a DWI charge in another Missouri ?

Received a DWI in Independence Missouri 1 year ago and did not attend the mandatory driving course . Now that I need a license I can’t get one issued to due to being flagged

 

Answer:

No you cannot. Through the interstate compact system, a suspended license do to a DWI prevents you from getting a license in another state. You must address the DWI Case in Missouri first and complete the reinstatement requirements. Those usually include taking satop, vip, and having an ignition interlock along with paying a reinstatment fee.

Question: How do I drop dv charges in Kansas City, Missouri ?

My husband and I got in a fight. Both sides are responsible and I pressed charges in the heat of the moment. I want to drop them. How do I do that

 

Answer:

The city or state is the one who has brought the charges against your husband, not you. Only the prosecutor has the decision to drop the charges. You can seek an attorney to help you voice your desire to have them dropped, but if the prosecutor subpeonas you, you must testify

Question: What steps does my husband need to take to get a bench warrant removed for a DUI after missing court?

My fiancé got pulled over for speeding & got a dui and was put in jail. I bonded him out. However, he missed his court date due to stupidity and now his license has been suspended & he has a bench warrant or more. We have a baby on the way and we really need to get this resolved asap. He thought about turning himself in but he has a really good job and can’t miss work though. He doesn’t know what to do and it has me more than stressed out at 6 months pregnant. I just want him to get this resolved without spending a bunch of time in jail.

 

                                         Answer:

The first thing you need to do is contact a DUI Attorney or a Criminal Defense Attorney to set aside the warrants or get a court date to turn himself in and have a bond hearing. Your attorney will analyze his case and work out a good outcome.

Justin C. Hunt

Expungement Attorney in North Kansas City, MO

 

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