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Missouri Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Missouri on
Q: sentenced to 5 Years Doc, SES, 5 Years of Probation in Missouri does that mean they was sentence to prison
Steve D. Hardin
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Steve D. Hardin
answered on Sep 16, 2022

It means that the defendant was sentenced to 5 years in the Missouri Department of Corrections, that the execution of the sentence was suspended and the defendant was placed on 5 years of probation.

In other words yes the defendant was sentenced to prison but no they will not be going...
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0 Answers | Asked in Criminal Law for Missouri on
Q: Can you be charged with receiving stolen property an trying to sell stolen property if the items were never reported as?

Charged w. These felonies when I found something in the dumpster. These items were never reported... I see people all time finding and reselling from dumpsters. And it's not illegal to dumpster dive in Missouri . Also if this is a illegal search all other crimes trying to accuse me of should... Read more »

0 Answers | Asked in Criminal Law for Missouri on
Q: In Missouri will it be a 4th degree or 3rd for punching a paramedic once while totally out of it? Will I go to jail?

I was on a crazy amount of lsd and mushrooms and thought I died and was in hell being tortured. An ambulance was called and while in that ambulance I punched one of the responders because whatever they were doing was causing pain and I thought I was being tortured. I only punched him once, that... Read more »

0 Answers | Asked in Criminal Law and Constitutional Law for Missouri on
Q: I have recently attended a class hosted by a police department in Missouri

during this class we were taught how to pack a wound and apply a tourniquet. However, I am not a police explorer. I asked one of the Instructors about the law that protains to giving medical assistance and they said I am protected under the Good Samaritan Law as long as I don't do anything I... Read more »

0 Answers | Asked in Criminal Law, Employment Law, Traffic Tickets and Car Accidents for Missouri on
Q: Can a commercial driving company create driving records outside the parameters of legal driving for use in court?

In my commercial truck I have a stability alert called a critical event alert. I have only had 2 of these in 4 years of driving except this last week I had 3. I believe the sensitivity is turned up because all of these events I was going the speed limit. One of them I was going 55 on the interstate... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on
Q: I got couple tickets from Missouri state trooper and my court date was July 6,2022 I appeared in court and was nowhere d

I noticied clerk and they couldn't find me on file nowhere I'm not trying to get a warrant what do I do

Andrea Rogers
Andrea Rogers
answered on Aug 5, 2022

It is common in some courts (especially St. Louis County Circuit Court), for it to take several months for a traffic ticket to get filed and a court date to be assigned. You can hire an attorney to get your tickets amended to non-moving, no-point infractions. You won't have to appear in court.... Read more »

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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: Can a prostitution charge be lowered to lesser charge?
Andrea Rogers
Andrea Rogers
answered on Jun 21, 2022

Yes, it's possible for an attorney to negotiate a plea bargain deal in which a prostitution charge gets amended to a less serious offense. Of course, the outcome depends on the Defendant's criminal history and which court the case is being prosecuted in.

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Missouri on
Q: My daughter is a victim of sexual assault and our identity is plastered all over casenet.

Statue 566.226 states our Identity is not suppose to be public records,

Our address to our home as well as my daughter school, as well as My name ( her Mother) all over case net

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Apr 20, 2022

That’s terrible. Hire an attorney to seek to have that information not appear on Casenet. I don’t know why a judge would not grant a motion to seal or raise the security level of such filings.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Missouri on
Q: I'm in the process of getting my medical marijuana card. Can I still possess and own a fireaem if I get my medical card

I know I won't be able to purchase a firearm if the seller does a federal background check. If I do get my card, would I have to turn my firearms over?

David Casey
David Casey
answered on Apr 13, 2022

As of now, one who has a medical marijuana card in Missouri cannot purchase or own a firearm. This is not due to Missouri law, but rather the fact that cannabis is still federally classified a controlled substance This is a quickly-changing area of the law as there is pending federal legislation... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: How can I be charged with unlawful possession of a firearm not being a felon and not committing a felony.

Wasn't arrested or detained out even questioned about it.

David Casey
David Casey
answered on Apr 13, 2022

There’s no way to know without seeing all of the evidence that is in the possession of the state. You have a right to something called discovery - this is the formal name for the process by which the parties to a legal proceeding gather facts and information in possession of the other party. In... Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: How would someone get out of tampering with a motor vehicle when they didn't do it.

In Marshfield,MO

Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Mar 28, 2022

Honestly the best way to avoid a criminal conviction for any charge is to hire an experienced criminal defense attorney.

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