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Questions Answered by Matthew Mueller
1 Answer | Asked in Criminal Law and Civil Rights for Missouri on
Q: Wondering if I may have a case for dismissal

So I went to my bond appearance today and the judge gave me a continuation to find a lawyer but when I got home I started thinking about it and she didn't actually ask what my plea was.

Her exact words (after I requested a court appointed lawyer) were "So I assume you are... View More

Matthew Mueller
Matthew Mueller
answered on Jul 19, 2022

At your initial appearance before a judge, the judge is required to appoint a lawyer for you if a conviction for the offense you are charged with would probably result in confinement and if you are shown to be indigent (i.e. unable to hire your own counsel). See Missouri Supreme Court Rule... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Missouri on
Q: My attorney refuses to file a motion to withdraw guilty plea.

I have never seen any of my case file.

I have never been given a copy of what my attorney told me to sign.

My attorney refuses to allow me to withdrawmy guilty plea, and he changed the terms of the plea less than 5 minutes after I signed it.

He doesn't answer or return... View More

Matthew Mueller
Matthew Mueller
answered on Jun 23, 2022

Under Missouri law, a defendant can ask to withdraw his guilty plea if he can show that he was misled or induced to enter a plea of guilty by fraud, mistake, misapprehension, coercion, duress or fear. There are generally no time limits for filing a Motion to Withdraw a Guilty Plea under Rule... View More

1 Answer | Asked in Criminal Law for Missouri on
Q: what is the statue of limitations in missouri for filing a false police report
Matthew Mueller
Matthew Mueller
answered on May 31, 2021

The statute of limitations in Missouri for any misdemeanor is one year. The offense for making a false report in Missouri is a class B misdemeanor. Therefore, the statute of limitations for this offense in Missouri is one year.

1 Answer | Asked in Criminal Law for Missouri on
Q: During Interrogation

cop asks if I have any paraphernalia in my home. And then states because I would hate to arrest your grandma is that a threat?

Matthew Mueller
Matthew Mueller
answered on May 31, 2021

The best thing you can do is at the very beginning of the interrogation is to kindly state that you want an attorney present. The police are required to cease all questioning at that point. Before any interrogation begins, the police must first advise you of your “Miranda rights,” which... View More

1 Answer | Asked in Criminal Law for Missouri on
Q: What is usually the punishment terms on a possession of drugs and child endangerment involving drugs

Why would a judge require me to do a hair follicle and urine test if he wasnt planning on putting me on probation

Matthew Mueller
Matthew Mueller
answered on May 21, 2021

This is most likely a condition of your release (bond) while your criminal case is pending.

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