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Questions Answered by Joseph Harvath

1 Answer | Asked in Criminal Law for Missouri on

Q: Missouri charge for tampering with a motor vehicle & resisting or evading arrest?

Individual was intoxicated & got into the wrong vehicle & ran on foot from police & resisted arrest

Joseph Harvath answered on Jan 14, 2019

They could be charged with a felony or a misdemeanor

1 Answer | Asked in Criminal Law for Missouri on

Q: Bad check

Bad check charge filed in 2015 for class c felong well new revised statues took affect January 1 2017 which made it a class e felony and i took my plea in feburary of 2017 so should i be charged with a class c felony or a class e felony

Joseph Harvath answered on Jan 14, 2019

The class of felony is based on the date of the occurrence, not the date of the plea

1 Answer | Asked in Criminal Law for Missouri on

Q: Hello need some advice please

I have an 18 year old son who is in alot of trouble. I have hired an attorney to rep him in the matters in volved. He the attorney went to St.louis for us couple weeks ago and when i asked how everything went he said he will get one case dropped . I then spoke to him today he told me the judge... Read more »

Joseph Harvath answered on Jan 14, 2019

Only your hired attorney could answer your questions regarding the specifics of your case

1 Answer | Asked in Criminal Law and Domestic Violence for Missouri on

Q: If a 16 year old hit an adult with a metal baseball bat forcefully, will they get charged as an adult? It's Not 1st time

16 year old previously has been charged for assault on the same adult (me). 16 year old is my boyfriends daughter . She has assaulted me a total of 9 times but only charged twice. This time it is assault with deadly weapon. Wat will happen to her ?

Joseph Harvath answered on Jan 14, 2019

They could be. That decision is left to the discretion of the Prosecuting Attorney

1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on

Q: a warrant just pooped up for fireworks that happened july 5th I was supposed to go to court on august 28th but got put

on house arrest the same day and couldn't make it to the court date so today is January 3rd 2019 and I'm at the transition center downtown st louis and I been here for 3 months so why the warrant just now popping up?

Joseph Harvath answered on Jan 14, 2019

Police have to send their request for the ticket, summons, or criminal charge to the Prosecutor for review. The prosecutor then determines whether the charges will be filed. For misdemeanor cases, they have up to 1 year to file the charges

1 Answer | Asked in Criminal Law for Missouri on

Q: what can I do about false charges coming back on a state ran background check?

in 2013 I was pulled over in a McDonald's parking lot for a drunk person in my backseat. The police did field sobriety tests and told me that they didn't have any breathalyzers on hand and that they would be taking me to the county jail house to do a breathalyzer there. we got there and were told... Read more »

Joseph Harvath answered on Jan 14, 2019

You could talk to an attorney about filing a petition for expungement of your arrest record and looking into your eligibility for such an expungement

1 Answer | Asked in Civil Rights and Criminal Law for Missouri on

Q: what kind of lawyer would I need to look for? My exboyfriend was involved in a case where he had the police call on him.

he was attacked by the k9 dogs the dogs were told to heel but they kept attacking. He is wanting to file case against them but will need a pro bono attorney

Joseph Harvath answered on Jan 14, 2019

You would want to talk to a Civil Rights Attorney about filing a lawsuit. And a criminal defense attorney if he was charged with a crime or given a summons for court

1 Answer | Asked in Criminal Law for Missouri on

Q: What is the penalty for killing a CO off duty in Missouri and first degree robbery. He is 16 and charged as an adult

Joseph Harvath answered on Jan 14, 2019

Murder in the first degree is punishable by the death penalty or life imprisonment without the possibility of parole.

Exception: Defendants who commit any murder before they are 18 years old can't be sentenced to death.

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