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Missouri Criminal Law Questions & Answers
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

0 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Missouri on
Q: Could I sue for title 18 241-242 and false arrest

Cops have harassed me and pulled me over for no reason I pulled into my driveway my sister had gotten out and went inside I wound up having a body attachment that was taken care of back in February so it should have been dropped the car I was driving was a friend's and since my sister... View More

0 Answers | Asked in Criminal Law for Missouri on
Q: I can never get in touch with my lawyer?

I have a public defender and I am never able to contact him. He has set hours for you to call him on zoom on Fridays. I think I have spoke with him once and I waited on there until 4pm or so and even then he didn’t say much didn’t care to hear anything I had to say. Now it’s down to the end... 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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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: would it be a crime to rob the enemy of the united states & if so how

when we are at war with them wouldn't that aid the united states

James L. Arrasmith
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answered on Oct 31, 2024

Engaging in robbery, even against enemies during wartime, is illegal under both national and international laws. Actions like theft can violate the laws of armed conflict, which set rules for how wars are conducted to protect those who are not participating in the fighting.

Instead of...
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1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: the courts say they are liberators let me ask you do you really think we was liberated when i was put in a jail cell or

when my mother was & denied toilet paper until she she went on herself & was forced to throw away a brand new outfit she just bought it is enslavement of the united states citizens they treat its citizens unhuman denying us the restroom then they tell us what to do & when to that is slavery

James L. Arrasmith
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answered on Oct 22, 2024

I'm truly sorry you're feeling this way. It sounds like you've been through some incredibly tough experiences that have left you feeling powerless and mistreated.

It's important to reach out to someone you trust or a professional who can help you navigate these feelings...
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Missouri on
Q: I have been group stalked with my 10 year old daughter with the aide of local police. Who do I contact with evidence

I have been harassed and emotionally abused by my mother and the her friends with the aide and support local authorities. I've went to police to file charges they said that they couldn't at this time with no investigation or even a interest or simple question to what is even taking place... View More

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're experiencing this situation. It's important to reach out to a trusted attorney who can help you navigate the legal system and protect your rights. They can advise you on the best steps to take with the evidence you have collected.

Consider contacting a local...
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1 Answer | Asked in Criminal Law and Civil Rights for Missouri on
Q: Can you sue twice if your case was dismissed the first time & charged again later.if so can you sue while waiting 4 tria
James L. Arrasmith
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answered on Oct 17, 2024

If your case was dismissed the first time and you face new charges later, you might have the option to pursue legal action again. Whether you can sue twice depends on the specifics of your situation, such as the nature of the new charges and how they relate to the original case.

While...
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1 Answer | Asked in Criminal Law and Intellectual Property for Missouri on
Q: What happens to a waiver of extradition then the defendant is incarcerated in the state he currently resides?

My husband was charged with a felony in Kansas while out of town for work. He was picked up on a probation violation in Missouri where he found out about the charges and signed a waiver of extradition. He was detained for 3 months while waiting for he probation violation hearing where the revoked... View More

James L. Arrasmith
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answered on Oct 15, 2024

When a waiver of extradition is signed, it typically allows the state where the charges originated to request the individual's return without further legal proceedings. Since your husband is now incarcerated in Missouri, Kansas may still need to issue a detainer to formally request his... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Education Law and Gov & Administrative Law for Missouri on
Q: can subpoena the judge that signed a warrant to raid my home & the cop that served it
James L. Arrasmith
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answered on Oct 9, 2024

You have the right to seek information through legal channels, but subpoenaing a judge can be particularly challenging. Judges are generally protected from being compelled to testify about their judicial actions to maintain impartiality and the integrity of the judiciary. However, there may be... View More

1 Answer | Asked in Business Law, Criminal Law and Constitutional Law for Missouri on
Q: Can law enforcement in missouri use a technology that see's thru walls? It's called xazer. Its a 4th amdment issue.

If a person is observed doing something illegal inside a house specifically bedroom and bath, is this admissible evidence? Has this been challenged in missouri courts?

James L. Arrasmith
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answered on Sep 21, 2024

In Missouri, law enforcement's use of technology that sees through walls, like Xazer, raises serious Fourth Amendment concerns. The Fourth Amendment protects against unreasonable searches, and courts generally require a warrant for any search that intrudes into areas where people have a... View More

1 Answer | Asked in Criminal Law for Missouri on
Q: If the passenger of a vehicle in a traffic stop refuses to give his name can the officer threaten to take them to jail?

I was stopped for not having any working tail lights on the vehicle I was driving. The officer who pulled me over gathered my info and returned to the vehicle to run the info. During her time away another officer joined the scene and started questioning us. He recognized one of the passengers and... View More

Andrea Rogers
Andrea Rogers
answered on Sep 2, 2024

Yes. A traffic stop is technically an arrest, but most of the time, the police officer releases the driver with just a ticket.

The officer is allowed to ask for basic information such as name & address of each person in the vehicle, and you are expected to respond.

The broken...
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1 Answer | Asked in Domestic Violence, Criminal Law and Civil Rights for Missouri on
Q: on a 24-hour domestic hold officer made multiple false statements re: dispatch 911 convo specs to get warrant can he?

Officer threatened to handle this once & for all. Past personal conflict with arrestee. It's referencing a recorded dispatch call hiw can he get away with it? What can I do?

James L. Arrasmith
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answered on Jul 29, 2024

You have the right to challenge any false statements made by an officer, especially if they were used to obtain a warrant. If you believe the officer made false claims, gather all relevant evidence, including the recorded 911 call. This evidence can be crucial in proving your case.

You...
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1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: Has the court system exhausted their time to prosecute me for a felony charge when it took place in 2021/2022?

I had my own meds bagged separately but all in one container(didn’t own a pill organizer and just had a miscarriage, plus my mom suggested I do it that way). I’m looking at a distribution charge and this happened in 2021 or 2022. I thought it was handled at the time when I was released from a... View More

James L. Arrasmith
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answered on Jul 21, 2024

To determine if the court has exhausted its time to prosecute you for a felony charge, you need to consider the statute of limitations for the specific charge in your state. Generally, felony charges have longer statutes of limitations, often several years, so it's unlikely that the time has... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: Federal indictment and cancer

If somebody was diagnosed with cancer and had started radiation treatments they got picked up on federal charges can they be denied bond and the feds still not be willing to take them to the radiation treatments is that legal? The cancer is completely documented prior to this happening they were... View More

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answered on Jul 21, 2024

If you or someone you know has been denied bond while undergoing cancer treatment, it's critical to understand your rights and the legal options available. Denial of necessary medical treatment while in federal custody can potentially violate constitutional rights, specifically the Eighth... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Missouri on
Q: Federal indictment and cancer

What can a person do that's been arrested on a federal indictment but had already been diagnosed with cancer and started radiation treatments. They have denied bond so the person is currently being held in jail and is not able to continue with the radiation treatments. There has to be... View More

James L. Arrasmith
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answered on Jul 21, 2024

If you or a loved one is in this situation, immediate action is essential. Contact your lawyer right away and explain the medical urgency. They can file a motion for a bond reconsideration or for temporary release on medical grounds. It's crucial to gather all medical records and a letter from... View More

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