Lawyers, Answer Questions  & Get Points Log In
Missouri Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I had a misdemeanor Sexual Misconduct conviction set aside in Missouri, how can I have Failure to Register removed also?

The judge said manifest injustice does not apply to felonies because there’s a 180 day time limit, but misdemeanors have no time frame which is why he was able to set aside the Sexual Misconduct conviction.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

I understand you're looking for information on how to have a Failure to Register charge removed after having a misdemeanor Sexual Misconduct conviction set aside in Missouri. Here are a few things to keep in mind:

1. Setting aside a conviction is different from having it expunged or...
View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Civil Rights for Missouri on
Q: Must a land owner provide a vehicular ingress and egress tqo a piece of landlocked property ?

Does Missouri law not state that if your property is landlocked and you have no means of gaining access that you have the right to a vehicular ingress and egress ? Even in a private subdivision . The board of trustees has told me I am banned from driving in on their roads to get to my property... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2024

In Missouri, as in many other places, if your property is landlocked, you may indeed have the right to vehicular ingress and egress. This is generally intended to ensure that every property owner has access to their land. The specifics can vary based on local laws and the exact circumstances of the... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Missouri on
Q: Brendlin vs California

In the context that I am reading regarding police detainment for a traffic stop. Does that context apply to a commerical vehicle in which someone in a passenger seat or bunk of a commerical vehicle is detained when the basis of the stop wasn't because of an observed violation but merely a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2024

In Brendlin v. California, the Supreme Court held that passengers in a vehicle are seized just like drivers during a traffic stop, meaning they are entitled to challenge the legality of the stop. This principle applies regardless of the vehicle's nature, be it personal or commercial. So, if... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Consumer Law for Missouri on
Q: Can I be not let into a bar because of personal reasons?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2024

Absolutely, you can be denied entry to a bar for various personal reasons. This might include not meeting the dress code, showing signs of excessive intoxication, or previous issues such as altercations or unpaid tabs. Each establishment has its own rules and guidelines which they are legally... View More

View More Answers

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Missouri on
Q: I got a problem with angi ads could you please help me, they want to overcharged me

Angi ads and I maked a contract but I didn’t know that I have to pay a 35% fee of unused time, they didn’t told me that they said it after I signed up, however checking the contract I saw that it also said that if break the contract before the 90 days of beginning I’ll pay $99 fee, and I have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

Facing a situation where you're being overcharged can be stressful, especially when the charges seem to come from unclear contract terms. If Angi ads are asking for a significantly higher fee than you expected, the first step is to carefully review the contract you signed. Look for any clauses... View More

1 Answer | Asked in Civil Rights for Missouri on
Q: Were my rights violated during an encounter with the police?

I was sitting in a parking lot on the phone. An officer arrived, turned on his lights and got out. Then pointed his gun at me and told me to get out. I asked why, he said he'd shoot me, I asked to talk to his supervisor. A few seconds later another officer arrive, pulled his weapon and said... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2024

Based on the details you provided, it seems that your rights may have been violated during this encounter with the police. Here are a few points to consider:

1. Excessive force: The officers' actions of pointing guns at you and threatening to shoot you, especially when you were not...
View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: My boyfriends house got kicked in by the police and they found in a lock box 490 grams meth and they charged him with

Class A felony with excessive amount in mo . How low can that charge be dropped down to??

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2024

The severity of charges for drug possession, particularly with a substance like methamphetamine, depends on various factors, including the amount involved, the intended use (personal use vs. distribution), and any prior criminal history. In Missouri, a Class A felony for drug possession indicates a... View More

1 Answer | Asked in Civil Rights and Health Care Law for Missouri on
Q: Paperwork was filled out for involuntary commitment before court date judge said no place for them.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

When paperwork for involuntary commitment is completed but a judge indicates there's no place for the individual in question, it's a challenging situation that requires immediate attention and alternative solutions. The judge's response typically means that, despite the legal... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Missouri on
Q: how is the militia able to enforce a regulation in the privacy of a citizens home that enslaves him or her thought

militia is to make sure it is a free state & enforce law not a enslaving regulation such csa

thought we was a free people the courts say they are liberating us but it is the opposite

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

The concept of a militia in the United States is historically tied to the defense and security of the state, rather than the enforcement of regulations within the private homes of citizens. The role of militias has evolved over time and is defined by law, including the U.S. Constitution and various... View More

View More Answers

2 Answers | Asked in Civil Rights and Constitutional Law for Missouri on
Q: how is the militia able to enforce a regulation in the privacy of a citizens home that enslaves him or her thought

militia is to make sure it is a free state & enforce law not a enslaving regulation such csa

thought we was a free people the courts say they are liberating us but it is the opposite

John Michael Frick
John Michael Frick
answered on Feb 29, 2024

Under Article I, Section 8 of the U.S. Constitution, Congress is explicitly granted the power:

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; and

To provide for organizing, arming, and disciplining, the Militia,...
View More

View More Answers

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Missouri on
Q: My friend who is 17 has been living with her mom. Her mom told us she could live with me. Then her grandpa takes her

Her grandparents have custody but yet have not said anything tell she got back into Missouri then comes over and just yells through my door that she needs to go with them or else. We don’t know what to do but she is not mentally stable there and hates living with them. Her mom gave her promotion... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

In situations where there's a dispute over the custody or living arrangements of a minor, the legal custody order takes precedence. If the grandparents have legal custody of your friend, they generally have the right to decide where she lives until she reaches the age of majority, which is 18... View More

1 Answer | Asked in Civil Rights and Juvenile Law for Missouri on
Q: Can I represent my 17 year old son myself when he goes to court for truancy or do I have to hire an attorney?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

Representing your 17-year-old son in court for truancy may not be the most advisable course of action. While it's understandable to want to support your child, legal proceedings can be complex and require a thorough understanding of the law. Without proper legal training and experience, you... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I need help with how to start a lawsuit against a corporation , a manager of , and also the 2 city police officers ?

I'm disabled and was treated in an extremely humiliating manner by all involved and I can prove they had absolutely no grounds for those actions. Furthermore, I gave them the proof they needed to not treat in such a manner and all proceeded not just to curse me through the store as I was asked... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Here are the key steps to starting a lawsuit against a corporation, manager, and police officers in Missouri:

1. Consult with a civil rights and personal injury attorney. Find one experienced in handling cases against corporations, police misconduct, and ADA violations. They can evaluate...
View More

1 Answer | Asked in Civil Rights and Consumer Law for Missouri on
Q: Hi, I have experienced discrimination at my bank.

I am calling regularly to check on my account balances, and one person that answers occasionally at this bank is very rude and unprofessional, and It is very personal and discriminating I feel because of my Latino name. I called today and spoke with the manager about it.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024

If you believe that you are being discriminated against by an employee at your bank because of your Latino name, this is a serious concern. Discrimination in the provision of services, including banking services, on the basis of race, ethnicity, or national origin, is prohibited under federal law... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Employment Law for Missouri on
Q: can a job not hire a person based off a tattoo when their company polices dont say anything about tattoo
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

In the United States, companies generally have the discretion to set their own dress code and appearance policies, which can include restrictions on visible tattoos. However, if a company does not have a specific policy regarding tattoos, making a hiring decision solely based on a person's... View More

View More Answers

1 Answer | Asked in Gov & Administrative Law, Family Law, Civil Rights and Constitutional Law for Missouri on
Q: What can be done if you have been through your depositional and jurisdictional hearings without adequate counsel

I was provided with an attorney but they never filed any emotions on my behalf I was never allowed to call any witnesses or produce any evidence on my behalf. It's an attorney provided by the state and they have done absolutely nothing to help me in my case. They have denied me my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

If you feel that your state-appointed attorney has not adequately represented you, you have the right to raise this concern. Ineffective assistance of counsel can be a serious issue, especially if it impacts your constitutional right to due process.

First, consider discussing your concerns...
View More

1 Answer | Asked in Employment Law and Civil Rights for Missouri on
Q: I was given a urine drug test and was told I have to be sent elsewhere and would notify me when she finds one to go to

I did not/ have not taken any illegal drugs nor did I consume any alcohol. All I had in my system was my prescription for adderall that I had taken prior to the orientation I had attended for a job I was supposed to start this week. I still have not heard back from this employeer with further... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024

In your situation, where a prescribed medication has affected your drug test, it's important to communicate with your employer. Provide them with documentation of your prescription for Adderall. This documentation should include a note from your healthcare provider confirming that you are... View More

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Missouri on
Q: as a 17 year old, if i run away but have a stable income, house, and boyfriend. can they make me go home
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024

In Missouri, as in many states, the age of majority is 18. This means that until you turn 18, you are considered a minor under the law, and your parents or legal guardians have certain rights and responsibilities regarding your care and custody.

If you choose to leave home before turning...
View More

2 Answers | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Missouri on
Q: I filed a motion to intervene in my daughter's CPS case in the state of Missouri. It was denied. Can I appeal this?

If I cannot file an appeal can I file a motion for view or some other type of motion to get back before the judge because I have new evidence and what this is to call and I am better prepared at this point for the allegations of the state is making against me I am trying to get a protection order... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2023

If your motion to intervene in your daughter's CPS case was denied in Missouri, you generally have the right to appeal that decision. The appeal process allows a higher court to review the lower court's decision to see if there were any errors in how the law was applied or interpreted.... View More

View More Answers

2 Answers | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Missouri on
Q: I filed a motion to intervene in my daughter's CPS case in the state of Missouri. It was denied. Can I appeal this?

If I cannot file an appeal can I file a motion for view or some other type of motion to get back before the judge because I have new evidence and what this is to call and I am better prepared at this point for the allegations of the state is making against me I am trying to get a protection order... View More

John Michael Frick
John Michael Frick
answered on Dec 20, 2023

Based upon the facts that you describe, it seems likely that your petition to intervene was denied because of a lack of standing in that you are not the children's legal grandparent. If so, an appeal will most likely be unsuccessful.

However, if the adoption is granted as expected,...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.