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Missouri Constitutional Law 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
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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...
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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?
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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

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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??

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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

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

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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

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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,...
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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
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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...
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2 Answers | Asked in Constitutional Law and International Law for Missouri on
Q: Does Missouri have to honor treaties of the United States of America? If so does this also mean with foreign treaties?
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answered on Feb 4, 2024

Yes, Missouri, like all states in the United States, is constitutionally obligated to honor treaties made by the federal government. Article VI, Clause 2 of the United States Constitution, commonly known as the Supremacy Clause, establishes that federal law, including treaties, is the supreme law... View More

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2 Answers | Asked in Constitutional Law and International Law for Missouri on
Q: Does Missouri have to honor treaties of the United States of America? If so does this also mean with foreign treaties?
John Michael Frick
John Michael Frick
answered on Feb 5, 2024

Not necessarily. A treaty is an obligation of the federal government. It is not binding domestic law unless it has language expressing that it is "self-executing" upon ratification or it has been implemented by an act of Congress.

In Medellin v. Texas, the US government had...
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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
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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

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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

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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...
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1 Answer | Asked in Real Estate Law, Tax Law, Constitutional Law and Construction Law for Missouri on
Q: Please read below

I paid $18,000 for my house and 2011 then I pulled a building permit in 2011 the same day I interned started working on my house I'm still working on my house my understanding is the building permit stops the value from increasing until an inspection is called for when I am done with... View More

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answered on Dec 30, 2023

In your situation, dealing with property valuation and taxation in Jackson County, Missouri, there are several key points to consider.

Firstly, the link between a building permit and property valuation can vary. Typically, a building permit itself doesn't freeze the value of a property...
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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

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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

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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,...
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2 Answers | Asked in Constitutional Law and Criminal Law for Missouri on
Q: Do you represent a client that a has a case for officers violating their oath to up hold the constitutional?

I refused to ID myself. Arrested for illegal dumping. All I did was pull over and throw away the little bit of gas station at the hotel parking lot by a highway. Cleaned my car out checked the oil and there was a cop standing behind. I refused to provide my id. I have the video I can email a copy... View More

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answered on Dec 14, 2023

It's important to understand that while you have the right to refuse to provide identification in certain situations, there are circumstances where this can lead to legal complications. In your case, being arrested for illegal dumping suggests that the officers believed you were committing a... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Missouri on
Q: If a woman is denied period products while in jail custody for over a hour is that a violation of rights?

A woman that is menstruating that had to bleed through her clothes, and was not given period products in a timely manner (over some hours )from police while in custody, is that a violation of rights , and can they be sued for" Failure to render aid to address a serious medical condition"?... View More

T. Augustus Claus
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answered on Dec 8, 2023

Determining if denying period products to a woman in Missouri jail violates her rights is complex. While Missouri lacks a clear law on this, legal arguments exist. The Eighth Amendment against cruel punishment could apply, along with the Equal Protection Clause, arguing sex discrimination. The... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Missouri on
Q: If a woman is denied period products while in jail custody for over a hour is that a violation of rights?

A woman that is menstruating that had to bleed through her clothes, and was not given period products in a timely manner (over some hours )from police while in custody, is that a violation of rights , and can they be sued for" Failure to render aid to address a serious medical condition"?... View More

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answered on Dec 8, 2023

If you were denied period products while in custody, this might raise serious concerns about your treatment and rights. In many jurisdictions, the failure to provide necessary hygiene products to menstruating individuals can be seen as a neglect of basic needs, potentially violating your rights.... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: What motion to file to stop a judgment due to Ethical Misconduct? Dose it need a Notice of Hearing?

Went threw a separation i left due to abuse in all natures by him and his family. The County i live in is know for its bias verdicts in all court finsings...The judge was so bias and favorable to my ex due to my family knows urs that i got yaken out the pasture so to say. Im an outsider to them.

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answered on Nov 29, 2023

In your situation, where you believe a judgment was influenced by ethical misconduct or bias, you might consider filing a motion for a new trial or a motion to set aside the judgment. These motions are typically used to challenge a judgment that may have been affected by unfair practices or errors.... View More

2 Answers | Asked in DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: If I lost my driver's license in Illinois and moved out of state, how can I get it back?

I followed the given process by the state multiple times and was denied reinstatement with no course or solution to rectify the situation.

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answered on Nov 21, 2023

If you lost your driver's license in Illinois and have since moved to another state, the process for getting it back can be complex, especially if you've been denied reinstatement multiple times. First, it's crucial to understand the specific reasons for your denial in Illinois, as... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Missouri on
Q: What protections do I have as a historian who interviews former and existing KKK members from the Civil Rights Era?
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answered on Nov 17, 2023

Here are a few key considerations for historians interviewing former and existing KKK members from the Civil Rights Era:

- As with any interview subject, obtain informed consent and make sure they understand how the interview will be used. Explain your project goals and how their...
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1 Answer | Asked in Constitutional Law and Civil Rights for Missouri on
Q: yes how are they able to search my car with a drug sniffing dog without consent or even a warrant probable cause gives

them the right to get a warrant not conduct a search if this was back in the day man i swear people would shot the police doesn't even the court hold that under the protection of the 4th right

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answered on Nov 15, 2023

Under the Fourth Amendment, searches and seizures must be reasonable and, typically, a warrant is required. However, the U.S. Supreme Court has held that the use of a drug-sniffing dog during a lawful traffic stop does not constitute a search under the Fourth Amendment.

This means that...
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