Questions Answered by Richard C Simons

Q: Can a court enter a plea of guilty for you, if you fail to appear for a traffic violation?

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Mar 30, 2016
Richard C Simons' answer
In general no a plea cannot be entered for you.

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Q: Is a vehicle considered as derelict because you haven't gotten it tagged

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Mar 28, 2016
Richard C Simons' answer
I honestly have never heard of a derelict vehicle but I have heard of a citation for an unregistered one. Whether your vehicle is on the road or not, you need to have it registered as soon as possible in order to stop receiving further citations.

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Q: Do I need a lawyer for a speeding violation in Lyon County, going 26 MPH over the 70 MPH speed limit? I live in MO.

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Mar 10, 2016
Richard C Simons' answer
Assuming this is your only offense and you are a non-cdl driver, no you will not lose your license. Do you need to get an attorney, Yes I recommend getting an attorney and getting your ticket amended to a non-moving violation. In Missouri they department of revenue adds points to your record and if you get enough your license can be suspended. Insurance companies will check your driving record when you renew or look for new insurance. Because you got a speeding ticket, they will raise your...

Q: Can a nonviolent felon in Missouri own or possess a pistol or other firearm that is NOT black powder?

1 Answer | Asked in Criminal Law for Missouri on
Answered on Feb 24, 2016
Richard C Simons' answer
The current answer is no. This is actually an interesting question because the Missouri Supreme court is going to decide the answer to your question very soon. The Missouri supreme court in August of 2015 ruled in the case of State of Missouri vs. McCoy, that it was constitutional for the Missouri legislature to keep firearms out of felons hands. However the court is taking up a case out of St. Louis on a similar question asking the same right. We shall see what the court says. Below is...

Q: In the state of Missouri how long do they have to charge you

1 Answer | Asked in Criminal Law for Missouri on
Answered on Feb 21, 2016
Richard C Simons' answer
This question all depends on the crime that was allegedly committed. Missouri Revised statute has a long list of crimes and the statute of limitations on filing. I will post the entire statute below but will summarize in the following sentences. Homicide and higher end sex crimes have no statute of limitations and can be charged whenever. The rest is the following directly from the statute:

(1) For any felony, three years, except as provided in subdivision (4) of this subsection;...

Q: victim gets shot and robbed and the defended takes it to trial and the victim gets killed during trial does it get drop

1 Answer | Asked in Criminal Law for Missouri on
Answered on Feb 19, 2016
Richard C Simons' answer
This is all left up to the prosecutor if they have enough evidence or if the judge feels their is not enough evidence on motion to dismiss. But there is a bigger problem here, this case could get amended from robbery and assault with a deadly weapon to murder in the second degree. Under Missouri statute Section 565.021.2, murder in the second is: "A person commits the crime of murder in the second degree if he:

(1) Knowingly causes the death of another person or, with the purpose of...

Q: I have one ticket in Jackson county missouri for trespassing. The witness, my sister, did not show up for the hearing.

1 Answer | Asked in Criminal Law for Missouri on
Answered on Feb 12, 2016
Richard C Simons' answer
It is tough to have a case if there are no witnesses. If your sister is the only witness and refuses to testify, then the prosecution has no evidence and will probably drop the case. However, since there was a ticket I am guessing a police officer might be able to provide testimony, if that is the case then there is evidence against you. If it is Jackson county you can contact the public defenders office, my guess is that you are in Kansas City Municipal court, in which you can still request...

Q: What kind of penalty am I looking at for doing 100 mph in a 50 mph zone and resisting arrest by fleeing

1 Answer | Asked in Criminal Law for Missouri on
Answered on Feb 8, 2016
Richard C Simons' answer
Well there would appear to be multiple violations committed here. The first I will focus on is Section 304.012.1, commonly known as "careless and Imprudent" which makes careless driving a Class B misdemeanor which is punishable by a $500 fine and or six months in jail, and 4 points on your license.

The second one could be that you put the officer at risk by making him flee which is called Aggravated Endangerment of an Emergency Responder which is a class c misdemeanor( 15 days in...

Q: If a 16 almost 17 year old gets pregnant by a23 year old that she is in a relationship with could he get in trouble?

2 Answers | Asked in Criminal Law for Missouri on
Answered on Feb 3, 2016
Richard C Simons' answer
They most certainly can get in trouble. The crime is statutory sodomy Section 566.064 of the missouri revised statutes states the following. 566.064. 1. A person commits the crime of statutory sodomy in the second degree if being twenty-one years of age or older, he has deviate sexual intercourse with another person who

is less than seventeen years of age.

2. Statutory sodomy in the second degree is a class C felony.

Q: Speeding ticket amended to "no muffler", job website asks if I've been cited for a moving violation, what do I answer?

1 Answer | Asked in Employment Law, Military Law and Traffic Tickets for Missouri on
Answered on Jan 20, 2016
Richard C Simons' answer
This is new to me to see the word "cited" instead of "convicted." Since the word, "cited" is what is used, you have been cited with a speeding ticket. You received a citation from the officer but were not convicted by the court. The big deal is if you lie in this situation. Better to just tell them you have received a citation.

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Q: I was pulled over by an officer last night,he said after following me he stop me because the tags werent to the car

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Dec 31, 2015
Richard C Simons' answer
Not having the correct tags on your car is a violation of the law. The police in several states have what is called a "wolf pack system" that automatically reads the plates on your car. The plates on your car are always in plain view and an officer can run them at any time. You also give up that right since you can be stopped for wrong tags as an administrative stop. Though you weren't committing a visible driving offense to a non-police officer, you were breaking the law in plain site.

Q: I have 2 tickets in Californiafor not having lights on a bicycle I moved here to Missour can I still get my license here

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Dec 29, 2015
Richard C Simons' answer
Honestly I cannot see why not. A cursory glance at California law shows that bicycle law is governed by the department of motor vehicles. Missouri bases its laws on motor vehicles. Also you did not specify if those tickets are outstanding or not. If they are and that can suspend your license in california then probably cannot get your license here. Interesting question!!

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Q: what is the cost and the type of the fine?

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Dec 26, 2015
Richard C Simons' answer
Without knowing the jurisdiction or exactly what the cause was of the incident, this question basically cannot be answered. The fine also is left up to the discretion of the judge

Q: Ticket differs from what officer explained he pulled me over for.

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Dec 22, 2015
Richard C Simons' answer
There is reality and what is on paper. The answer in general is no. He can claim he saw you do both and wrote a ticket for only one. The other problem is proving he lied and the cost of having an actual trial to get an officer on the stand and getting him to admit what occurred. This is all costly and time consuming. If you hire a lawyer you do not need to appear, if you don't then you need to make an appearance.

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