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Missouri Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law, Civil Rights, Civil Litigation, Personal Injury and Insurance Bad Faith for Missouri on
Q: Do I have a case for a wrongful arrest and denial of insurance compensation?

In May 2020, I was a victim of robbery and other serious offenses, followed by an arrest. Despite writing a statement about the situation, the police did not file it. The robbery case was wrongfully classified as a civil matter for my insurance, denying me compensation for the loss of my deceased... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Missouri on
Q: Can my daughter be released to a sober living house from jail in MO on probation violation?

My daughter is in jail in Missouri on a probation violation related to drug charges and has no bond. She has a criminal history, and her court date is set for April 28. She currently has no legal team, and there have been no suggested options for her release or potential conditions. Is it possible... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Missouri on
Q: How serious is a Class B misdemeanor for trespass in MO, and should I get a lawyer?

I was visiting with a friend at Cosmopolitan Park in Columbia, MO a few months ago when police arrested him for drug possession and searched both of us, but found nothing on me. The officer mentioned I was banned from all city parks, but I didn't fully comprehend it at the time. Recently, at... View More

0 Answers | Asked in Criminal Law for Missouri on
Q: Will I go back to jail if charges are refiled on dismissed case?

I am currently out on bond with conditions to stay out of trouble, be monitored by GPS, and not come within 500 feet of any alleged victims. My case was originally dismissed because the alleged victim is deceased, and I haven't violated any bond conditions. The case was dropped before I bonded... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Missouri on
Q: Is my domestic violence charge a misdemeanor or felony?

I have a court date on May 16 regarding a new charge for domestic violence. I want to know if this charge is considered a misdemeanor or a felony.

Steve D. Hardin
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Steve D. Hardin
answered on Apr 1, 2025

It can be filed as either a felony or misdemeanor depending on the alleged facts. To know for certain you need to have an attorney review the actual charges. This can be part of the hiring process and you do need to hire an attorney to help with your case.

Do not discuss the case with...
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1 Answer | Asked in DUI / DWI and Criminal Law for Missouri on
Q: DWI impact on probation for drug offenses in Missouri

I received a DWI in Ray County, Missouri, on December 21, 2024. I'm currently on probation for drug-related offenses and have previously violated probation with an AWOL and getting arrested. I have had a public defender to represent me. What should I expect in terms of legal consequences, and... View More

James L. Arrasmith
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answered on Apr 12, 2025

Receiving a DWI while on probation for drug-related offenses in Missouri is a serious matter that can lead to significant consequences. Given your history of probation violations, including being AWOL and prior arrests, the court may view this new offense as a pattern of non-compliance. This could... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Missouri on
Q: How long can someone be held if the originating county isn't retrieving them after being charged?

My boyfriend is being held in Madison County, Illinois, due to an issue related to Lincoln County, Missouri. He was charged and sentenced to five years of probation, which was suspended. He has been held for five days, including two days over the weekend, and we haven't received any... View More

0 Answers | Asked in Criminal Law and Public Benefits for Missouri on
Q: Can an 8-year-old criminal case for unlawful public assistance in Missouri be dismissed?

I'm wondering if a criminal case for the unlawful use of public assistance, covering the years 2017-2021 and filed in Missouri, can be dismissed due to its age. A warrant was issued in August 2024, and I'm unaware of any new developments since then. I'm also seeking a lawyer who may... View More

1 Answer | Asked in Criminal Law and Personal Injury for Missouri on
Q: Can I be accused of tampering if the car was never moved and I was given the keys?

I met someone for the first time, and they willingly gave me the keys to their car, which was parked in front of their residential house. The car was never moved. Later, the person accused me of trying to steal their car, despite having given me the keys voluntarily. During the encounter, this... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 13, 2025

Unless I’m missing something, it sounds like you’ve answered your question in the affirmative. You had an actual trial and were apparently convicted? If so, then you

0 Answers | Asked in Criminal Law for Missouri on
Q: Potential sentencing scenarios for a defendant with felony charges and firearm use in St. Louis, MO.

In St. Louis, MO, the defendant, with a history of felony convictions including burglary, assault, and kidnapping, was released early from a 6-year sentence. He now faces new charges: Kidnapping - 1st Degree, Assault - 2nd Degree, Armed Criminal Action, Unlawful Use of Weapon - Subsection 4 -... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Missouri on
Q: Can I challenge lifetime monitoring for a Missouri sex crime after moving?

I was convicted of a sex crime in Missouri, which required lifetime monitoring. My parole ended in 2023, but Massachusetts is continuing to keep me on parole due to this monitoring. Is it possible to challenge the lifetime monitoring requirement because I no longer reside in Missouri?

James L. Arrasmith
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answered on Apr 1, 2025

Moving between states does not automatically terminate your registration requirements, as the federal Sex Offender Registration and Notification Act (SORNA) creates a national framework for registration. Your Missouri conviction follows you to Massachusetts through interstate compacts and... View More

1 Answer | Asked in Criminal Law, Civil Rights, Civil Litigation and Probate for Missouri on
Q: Was my due process violated by lack of charges in assault case?

I was assaulted by my sister's husband when I went to get the car from my brother's estate. Despite reporting the assault to multiple authorities, including the chief of police and the district attorney, no charges have been filed. The assistant county attorney decided not to file charges... View More

James L. Arrasmith
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answered on Mar 27, 2025

I understand your frustration with the lack of criminal charges after being assaulted. While this situation is deeply unfair, from a legal standpoint, due process rights primarily protect individuals accused of crimes, not victims seeking justice. Prosecutors have broad discretion in deciding... View More

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Missouri on
Q: Can I press charges after being pepper sprayed by roommate's girlfriend?

I was in my home when my roommate and his girlfriend began yelling at each other. I approached them to try to calm my roommate down, and his girlfriend pepper sprayed both of us. I washed my eyes out, but my face and eyes burned for a week, and I haven't fully recovered my vision. My eyes... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 26, 2025

You may call the police and ask them to take a report. You may also file a civil lawsuit if you feel it is worth doing so.

1 Answer | Asked in Libel & Slander, Personal Injury, Criminal Law and Civil Rights for Missouri on
Q: allege My car was towed from my condo complex, without anyone giving proper authorization, without anyone being present

Was sent a notice about a month ago not once did it mention towing date or fee. There was communication on my end to management established a plan to get my car moved that month. Come to find my car missing, for al I know I thought it was stolen. I’m assuming someone from my HOA falsely... View More

James L. Arrasmith
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answered on Jan 18, 2025

It sounds like a frustrating situation, and you may have a valid concern regarding the towing of your car. If your HOA or management agreed to a plan with you to move the car and then had it towed without proper notice, it could be a violation of your rights. Review the notice you received to see... View More

1 Answer | Asked in Civil Rights and Criminal Law for Missouri on
Q: The judge over looked a falsified police report in a motion to suppress hearing.

Can small districts be all in the same team , such as judge prosecutor and public defender

James L. Arrasmith
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answered on Jan 18, 2025

In smaller judicial districts, there can be concerning dynamics where legal professionals work closely together and develop overly familiar relationships. This situation might lead to inappropriate collaborations or oversights that compromise justice, like a judge dismissing evidence of police... View More

1 Answer | Asked in Criminal Law and Civil Rights for Missouri on
Q: can law enforcement change the time a consent to search was signed by property owner to after they were arrested

police falsified my consented time to search my property then left the consent form in my back shed. they now have no official record to have searched my property

James L. Arrasmith
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answered on Jan 13, 2025

I'm sorry you're experiencing this situation. Consent forms for searches must be accurate and truthful. If you believe the time was altered or the consent was falsified, this could be a serious issue.

It's important to document everything you know about the incident,...
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2 Answers | Asked in Criminal Law and Civil Rights for Missouri on
Q: how can i pay a lawyer to represent me. can you just pay a lawyer per hour anymore?
Tim Akpinar
Tim Akpinar
answered on Feb 8, 2025

Although a Missouri attorney could advise best on common billing practices in your state, hourly billing is still very common nationwide. You probably knew that. It's possible your question might be more about why a law firm is suggesting a retainer (upfront amount) against which hourly fees... View More

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1 Answer | Asked in Criminal Law for Missouri on
Q: Is it possible to get a misdemeanor theft charge dropped to a lesser charge if it's my first offense
Andrea Rogers
Andrea Rogers
answered on Dec 2, 2024

Yes, it's possible for a first-time theft charge to be reduced to a less serious offense. Consult an experienced criminal defense attorney to get more information about the most likely outcome of your case. The outcome depends a lot on which court your case is being prosecuted in, as well as... View More

1 Answer | Asked in Criminal Law for Missouri on
Q: Two people are in a car that gets pulled over and drugs and scales are found. One person gets arrested and released with

No charges. If the other person claims the scales and some of the drugs will they both be charged with intent to distribute or will the person who got arrested have lesser charges due to the other claiming the scales and drugs

Trevor J Lushanko
Trevor J Lushanko
answered on Nov 13, 2024

In this scenario, the fact that one person claims ownership of the scales and drugs does not automatically exempt the other from potential charges. In many jurisdictions, both individuals in the car could be charged with possession if they had knowledge of the drugs and scales and exercised... View More

2 Answers | Asked in Criminal Law for Missouri on
Q: Can I get a case dropped/dismissed if I wasn't read my Miranda rights at time of arrest?
Andrea Rogers
Andrea Rogers
answered on Nov 7, 2024

The police only have to read you the Miranda warning if they interrogate you in police custody and then want to use that testimony as evidence against you in a trial of your case. Otherwise, the info they received from you would not be admissible. Just the simple fact that they didn't read you... View More

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