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Questions Answered by Anthony J Muhlenkamp
1 Answer | Asked in Criminal Law for Missouri on
Q: In St. Louis mo is 60 days in jail on a class c felony domestic , first offence, no prior record.

In st Louis mo is 60 days in jail enough time served to be released at pretrial on 2nd degree class c felony domestic 1st offence no prior record.

Anthony J Muhlenkamp
Anthony J Muhlenkamp answered on May 4, 2015

The answer is maybe. It will depend on your judge, your prosecutor, your jurisdiction and most importantly your lawyer and the specific facts of your case and whether you have a prior record.

Your attorney should be able to give you a decent estimate as to whether it is or not.

1 Answer | Asked in Criminal Law for Missouri on
Q: Does property damage in the first degree have to be proven malicious or do accidents count too?
Anthony J Muhlenkamp
Anthony J Muhlenkamp answered on May 4, 2015

Malicious is not the right word. But the State would have to prove "intent to damage property". If it was truly an accident, that would be a plausible defense to the charges. However, that would depend on the specific facts of your case.

People get in car accidents every day...
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1 Answer | Asked in Criminal Law for Missouri on
Q: I have not been conficted did the have the right to ca my doc and talk about my charge ?

I have been charged with a class b felony and am fighting it am currently taking random drug test at the private probation office but am not on probation or parole thats a stipulation of my bond I haven't even had my plenary hearing yet .

Anthony J Muhlenkamp
Anthony J Muhlenkamp answered on May 4, 2015

Unfortunately bonds often have conditions. If it is a drug charge, often times the defendant will be subject to random UA testing at a private probation office as a condition of your bond. Make sure you don't have any dirty drops or your bond could get revoked.

If you have a lot...
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1 Answer | Asked in Criminal Law for Missouri on
Q: A husband has non-consensual with his wife while she is unconscious and films it without her consent. Is this illegal?
Anthony J Muhlenkamp
Anthony J Muhlenkamp answered on May 4, 2015

It is not legal to do that. A husband doing this basically raped his wife. The wife, assuming she is not cool with what happened, could file a police report and seek prosecution.

1 Answer | Asked in Criminal Law for Missouri on
Q: Can I be rearrested if I was already arrested, posted bond, went to court several times and the charges were dropped?

They dropped the charges (tampering with motor vehicle, trespassing) and two days later a warrant was issued for tampering, burglary (2 charges) and theft. Now the bond is 40K. I paid a bondsman 1500 to get out on the first arrest. This does not seem right to me.

Anthony J Muhlenkamp
Anthony J Muhlenkamp answered on May 4, 2015

I am assuming that the charges got dropped at the preliminary hearing because certain witnesses did not appear or the state was otherwise unable to proceed? If that happened, the case was probably dismissed "without prejudice" which means they have the right to refile charges if they get... Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: Can a 7 year old be charged w assault
Anthony J Muhlenkamp
Anthony J Muhlenkamp answered on May 4, 2015

Technically yes. It would be in juvenile court. Seven is pretty young though. Usually I think a more common issue may be a informal referral to juvenile court for the family/juvenile to gain some services through the system. For a seven year old to actually get charged with an assault in... Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: Three days ago my husband was "detained" by his PO and it is claimed that he violated his Parole.

There are NO charges pending and even the automated system says he has a parking violation (he doesn't have a car). Based on his 14th amend.rights they have been violated. He has no clue what he's violated or of any new charges. There has been NO preliminary hearing yet he's still in... Read more »

Anthony J Muhlenkamp
Anthony J Muhlenkamp answered on May 4, 2015

Since he is on parole, not probation, his options are limited because there is not really a judge watching over his case. Instead, he is dealing with the Missouri Department of Corrections Parole Board. A person does not have nearly as many rights in front of the parole board as they do in front... Read more »

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