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Questions Answered by Steve D. Hardin
2 Answers | Asked in Criminal Law for Missouri on
Q: I need to remove a felony charge that should of been charged as a misdemeanor
Steve D. Hardin
Steve D. Hardin answered on Feb 15, 2021

If your case was in Missouri it might quality for expungement. However I would need to know a great deal more about the case before I could give an opinion on the matter.

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1 Answer | Asked in Family Law for Missouri on
Q: Need a family law lawyer. My son 23. He has 2 kids with his ex.

The mom will not let kids come. She got restraining order on his new gf. Judge thru out bc no grounds to have it. She keeps damaging his car and harassing and last night her and her mom went to my son basketball championship game and acted so crazy the police came. The kids are 2 & 1 and... Read more »

Steve D. Hardin
Steve D. Hardin answered on Feb 2, 2021

You will need to call law firms and hire an family lawyer. A great deal more information will need to be provided before any attorney can help but it does need to be done in private with that attorney.

1 Answer | Asked in Child Custody and Divorce for Missouri on
Q: how do i file for full custody and terminate his rights in missouri?

My childs father and i have been separated since 2013 he paid child support for a year or so then left the state and has not helped or seen her in the past 6 months. I august she called him for her birthday. hasn't heard from him since.

Steve D. Hardin
Steve D. Hardin answered on Feb 1, 2021

The best way to modify custody would be to hire an attorney to help. Family law cases are not generally self help projects. I should note that while the court may be willing to give you sole legal and sole physical custody it will not absent serious abuse or neglect give terminate his parental... Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: If two people walk outside an establishment with the mutual intent to fight, can either be charged in criminal court?
Steve D. Hardin
Steve D. Hardin answered on Jan 21, 2021

Yes. Both have the intent to commit assault on the other. So both could be charged with assault. Dueling either by sword or fist is not legal.

1 Answer | Asked in Family Law for Missouri on
Q: Can a mother get or file for CS after the baby has reached a year old even if she cut off the father since birth??

There was no abuse or anything in the relationship, she got upset at him and kicked him out and said he wasn’t allowed any contact with the child at all.

Steve D. Hardin
Steve D. Hardin answered on Dec 18, 2020

Yes she can. Visitation and custody does not determine child support though overnight stays do go into the calculation for the presumed amounts.

1 Answer | Asked in Criminal Law for Missouri on
Q: i got citation in mail disturbing the peace by text messaging,plus bottom line on front side was signed by officer legal
Steve D. Hardin
Steve D. Hardin answered on Dec 7, 2020

I am not certain what your question is exactly but yes they can send you a citation in the mail.

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: Can my ex take me for child support even though she denied it when the divorce was finalized and we have joint custody.

My ex and I divorced in June of 2019, she and I agreed that b/c we both have joint custody of the kids there is no reason we need to pay child support. She has continuously threatened to take me for child support even though she denied it in front of the judge and now because she is unable to pay... Read more »

Steve D. Hardin
Steve D. Hardin answered on Nov 30, 2020

Yes she can seek child support alleging a change in circumstance. You should speak to an attorney to discuss your options after a review of your case.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: Can a warrant be issued for your arrest for FTA while incarcerated in different county & were not transferred to court?

Will the warrant be dropped when going before a judge

Steve D. Hardin
Steve D. Hardin answered on Nov 19, 2020

Yes. In fact it what normally happens so a hold is created so that the accused is not released from the holding facility upon resolution of that case.

2 Answers | Asked in Criminal Law for Missouri on
Q: What is the statute of limitations on class d misdemeanor stealing in Missouri

My wife was charged last Dec. 12 for stealing less than $40 of merchandise from Walmart. She is not guilty and has already pleaded not guilty in municipal court. They have rescheduled several times, then transferred it to circuit court. She was due to appear in front of the new judge to enter a... Read more »

Steve D. Hardin
Steve D. Hardin answered on Nov 17, 2020

The statue of limitations for a misdemeanor is one year. However it doesn't run once a charge has been filed so it doesn't apply in your wife's situation. Your wife needs a lawyer as there maybe other things that can be done.

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1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: What is the likelihood of a search warrant being suppressed in a federal case?
Steve D. Hardin
Steve D. Hardin answered on Oct 29, 2020

There is not enough information in your question to even hazard a guess. All cases are different and it would need to be reviewed by an experienced federal criminal defense attorney.

1 Answer | Asked in Criminal Law for Missouri on
Q: Are there any regulations against the incarceration of a nursing and pregnant mother, also with an autistic 1 yr old.?

Dont mean to waste your time, cause we don't need representation, I am asking for a young girl I know that has had a very sad life and I told her that I would try to find out, if there was anything we could do to keep her from going to jail for 10 days. She has shoplifting charges.

Steve D. Hardin
Steve D. Hardin answered on Oct 27, 2020

No there are no such regulations.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Can i charge my son's mom with pernital kidnapping for moving him out of state without telling me
Steve D. Hardin
Steve D. Hardin answered on Oct 23, 2020

There is not nearly enough information in your question to give you a good answer. First of all "charge" would indicate a criminal charge and only a prosecuting attorney can file charges on anyone. You may be able to file a police report but the prosecutor would make the charging... Read more »

1 Answer | Asked in Child Custody for Missouri on
Q: My husband just went to jail on 3 felony charges. Can I get full custody of our children?

the felonies are 2nd degree assault on a special victim, harassment in the 1st degree, and fleeing from police in a vehicle

Steve D. Hardin
Steve D. Hardin answered on Oct 5, 2020

Very possibly you could get full custody. That being said the details matter and you need to consult with an experienced divorce attorney.

1 Answer | Asked in Child Custody for Missouri on
Q: My ex has given birth recently. She refuses to let me know anything concerning our child what can I do
Steve D. Hardin
Steve D. Hardin answered on Oct 5, 2020

You will need to hire an attorney, file a paternity and child custody petition.

1 Answer | Asked in Divorce and Domestic Violence for Missouri on
Q: St. louis county MO. Married 12yrs have 2 kids, want divorce from husband. Husband is abusive, he lost job 6yrs ago.

I am sole provider for family and house is in my name. I want to leave and rent a safe place but cant pay for both places. Husband refuses to work he has no income. Can I sign a lease and leave family house while married if I fear he will hurt me? Am I legally obligated to support him until we... Read more »

Steve D. Hardin
Steve D. Hardin answered on Oct 1, 2020

Please speak to a local family law attorney. More details about the abuse and you situation will be needed to give you a good answer. For instance an order of protection might be in your best interest even if you leave the current home.

1 Answer | Asked in Criminal Law for Missouri on
Q: I have 2 class d felonies domestic assault and endangering the welfare of child first degree -first offense.

How much time or if anytime do you think I’m looking at?

Steve D. Hardin
Steve D. Hardin answered on Sep 28, 2020

To give an educated answer would require a through review of the case against you, your criminal history, and a discussion with you. In other words this is a question you need to ask your criminal defense attorney after thoroughly discussing the case with them.

1 Answer | Asked in Criminal Law for Missouri on
Q: a sheriff left a note on my door saying that they need to speak with me and they want me to call this #, do I have to?!

I just don’t really trust law enforcement very much

Specially in these days and times

Steve D. Hardin
Steve D. Hardin answered on Sep 25, 2020

You absolutely do not have to speak to them. You have the right to remain silent. If the police seek to speak to you might invoke your right to remain silent by saying the magic words. "I want a lawyer." Then shut up do not discuss anything as anything you say to them will be used against you.

1 Answer | Asked in Criminal Law and Juvenile Law for Missouri on
Q: My son is being accused of touching inappropriately his cousin, this supposedly happened 10-11 yrs ago at 10&14 yrs old
Steve D. Hardin
Steve D. Hardin answered on Sep 3, 2020

Your son needs to speak to a criminal defense attorney immediately. He should not speak to anyone other than his attorney or one that he is seeking to hire about this. Anything he says to anyone else may be used against him.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Missouri on
Q: Can a parents rights be terminated for abandonment if his checks are garnished for child support?

My daughter is almost 4 and her biological father hasn't been around since she was about 14 months old. I filed for child support after he told me he wasn't going to help out if he couldn't have me, but has not seen her at all. My husband has been around since she was a few months... Read more »

Steve D. Hardin
Steve D. Hardin answered on Aug 17, 2020

No is the short answer. The long answer is that your husband can seek to do a step parent adoption of your daughter that would make him the legal father and terminate the parental rights of the biological father. Realistically you will need an attorney to help with this process.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: Father of 15 month old child filed Paternity, Child Support, and Custody with courts. What is he going for?

Father got a full order of protection against me last august. Since then we have tried working on things and hanging out and trying to make things work and getting back together. He never got the order dropped and we are no longer working on things. How is this going to play into what he just filed?

Steve D. Hardin
Steve D. Hardin answered on Mar 31, 2020

There is not enough information in your question to give you a good answer. Other than to say that you need to consult with an experienced family law attorney. It is pretty obvious that he is up to something but what his finial goals are would take a full review of the case, talking to you, and... Read more »

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