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Missouri Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Missouri on
Q: First ever possession charge and I'm told I'm being indited now

I got a possession charge for the first time ever and I'm 48 even tho it wasn't mine I still got charged.. it is no longer on Casenet so I called the public defender and never got a response finally a got a call telling me that I've been indited.. I have no idea what's going on

T. Augustus Claus
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answered on Nov 7, 2023

An indictment is a formal accusation that is made by a grand jury. If you have been indicted, it means that the grand jury has found that there is probable cause to believe that you committed a crime. This does not mean that you are guilty of the crime, but it does mean that you will have to go to... View More

1 Answer | Asked in Criminal Law for Missouri on
Q: I had a possession charge and now it is no longer on case net why is that
T. Augustus Claus
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answered on Nov 6, 2023

Your possession charge may no longer appear on CaseNet for a few different reasons:

The case was dismissed: If the prosecutor decided to drop the charges against you, your case was dismissed, and it won't be visible on CaseNet.

The case was adjudicated, and the records were...
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1 Answer | Asked in Criminal Law for Missouri on
Q: I was put in drug court an I was kicked out so when does my reg.charges come back up an what going to happen

It was 3 E felony's of poss.of meth an took drug court to get out of jail I need ur help

T. Augustus Claus
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answered on Oct 24, 2023

If you were kicked out of drug court, your case may return to regular criminal court proceedings. For personalized legal advice, it's advisable to consult with an attorney.

1 Answer | Asked in Criminal Law for Missouri on
Q: What class felony is aggravated escape if you walk away from work in Kansas, legal job in free world.

It was new century in Johnson county and they allow you to go on the streets and work she just didn't go back

T. Augustus Claus
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answered on Oct 12, 2023

Aggravated escape is a class C felony in Kansas. However, walking away from a legal job in the free world is not aggravated escape. Aggravated escape is defined as escaping from custody while held on a charge, conviction of, or arrest for a felony, or while being held as a sexually violent... View More

2 Answers | Asked in Personal Injury and Criminal Law for Missouri on
Q: How does the settlement from a Catholic Diocese paid to the Sexual Abuse Survivors? Is each claim looked at and amount

determined by the Sexual Abuse Survivors Committee? How long does it take?

James L. Arrasmith
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answered on Nov 5, 2023

In cases involving settlements from entities like a Catholic Diocese to sexual abuse survivors, each claim is typically reviewed individually. A committee, often including a Survivors Committee, may participate in the determination of the amount of each settlement based on the specific... View More

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2 Answers | Asked in Criminal Law and Personal Injury for Missouri on
Q: I have a Survivor claim filed in the Rockville Center Diocese and wonder what happens next with October 31 deadline?

What happens if they don't reach a settlement? I also have 3 Parish lawsuits with the state.

James L. Arrasmith
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answered on Nov 5, 2023

After the October 31 deadline for the Rockville Center Diocese claim, if a settlement is not reached, the case may proceed to litigation. The court will then determine the next steps, which could include setting a trial date. In the meantime, continue to monitor the status of your parish lawsuits... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: My fiance is in jail and I believe they are violating his constitutional rights and we need help PLEASE.

I don't think they read his miranda rights. Hes been in there for 7 days & I am jst gttng to tlk to him. thy said his public defndr can't get him out until at least 11 more days, but that is a maybe and his court date is set for an entire month from now and we can not afford a lawyer.... View More

James L. Arrasmith
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answered on Oct 15, 2023

If you believe your fiance's constitutional rights are being violated while he is in jail, there are steps you can take to address the situation:

Contact an Attorney: Reach out to a criminal defense attorney as soon as possible. If you cannot afford one, inquire about whether your...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Missouri on
Q: How many people have went to trial in the last 20 years, for a felon in possesion of a firearm under 18U.S.C. Sec 922 (g

Under 18 U.S.C. Section 922 (g) (1)

T. Augustus Claus
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answered on Sep 20, 2023

Specific statistics regarding the number of individuals who have gone to trial in Missouri under 18 U.S.C. Section 922(g)(1) over the last 20 years would require access to up-to-date court records and databases. 18 U.S.C. Section 922(g)(1) is a federal statute that prohibits certain persons,... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: if a witness is not questionable by my lawyer is their testimony admissible and the warrant that was issued valid

& still does it still stand

T. Augustus Claus
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answered on Sep 12, 2023

In legal proceedings in Missouri, the admissibility of witness testimony and the validity of a warrant are subject to specific legal criteria and considerations. Whether a witness's testimony is admissible typically depends on factors such as relevance, hearsay rules, and compliance with... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Missouri on
Q: question

how can they arrest me for possession of a drug when i am supposedly a free united states citizen & to arrest me of such charges is treason we have 2 declarations of war 1st one is by jfk which he told us that we was at a war & the enemy was close at hand practically our next door neighbor... View More

James L. Arrasmith
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answered on Sep 11, 2023

I can understand why you might feel that your rights are being violated, and it's important to critically evaluate how laws and their enforcement impact individual freedoms. In the US, laws around drug possession are enforced based on a variety of federal and state statutes which have been... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Missouri on
Q: Earlier today I had a gentleman calling himself Thomas Mandel call me and say that the SSA has a warrant for my arrest?

Gave me these numbers I.D.#64031

Case#SI 724322

Warrant I.D.#537542

Incident occurring in El Paso TX

Any help or clarification would be appreciated

Steve D. Hardin
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Steve D. Hardin
answered on Aug 11, 2023

The Federal Government does not call to say they have a warrant for their arrest. They simply serve said warrant and your in jail or at least in front of a Federal Judge. In general the Federal Government doesn't even call people at least not without sending a letter first.

The...
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1 Answer | Asked in Criminal Law for Missouri on
Q: What are the options in Missouri if someone was arrested on a Methamphetamine possession and this is the first offense?

They were arrested on a possession charge but were not read their Miranda rights and this is their first charge. No criminal history what so ever and they have a full time job are seeking therapy for their issues.

Steve D. Hardin
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Steve D. Hardin
answered on Jul 11, 2023

The person needs to hire an experienced criminal defense attorney to review their case and perhaps negotiate a plea. Miranda warnings are not required upon arrest only upon an in custody interrogation. Either way there might be options but the case needs to be reviewed by a lawyer in detail.

1 Answer | Asked in Criminal Law for Missouri on
Q: What are the statue of limitations for a felony aggravated assault with deadly weapon charge without an indictment?

It has been one year and the charge from a he said, she said. No evidence has been presented outside of the charge.

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answered on Jul 5, 2023

The statute of limitations for felony aggravated assault with a deadly weapon charge is generally three years. However, it's important to note that the statute of limitations can vary depending on the specific circumstances and the nature of the offense. Additionally, the absence of an... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: I have an outstanding warrant for a crime I did commit, however it says my warrant is for something I was never charged

with. Under my case file, it says it's for stealing, but I pled not guilty, and then missed my trial arraignment. I should only have a warrant for missing my court date since I was never officially sentenced, right? Should I turn myself in?

Steve D. Hardin
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Steve D. Hardin
answered on Jun 28, 2023

Yes you should turn yourself in. But before you do you need to hire an attorney or speak to your current attorney.

The warrant even for failure to appear always references the charges even if you have plead not guilty. Either way when you have a warrant you need to get an attorney and...
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1 Answer | Asked in Criminal Law for Missouri on
Q: What’s the punishment 1st time for drug trafficking meth w traces of fentanyl and is being charged with a class b felony

Not federal charges. My ex husband was arrested for this offense in Mo. and I was wondering what hope he has for seeing a sober future outside of prison walls!

Steve D. Hardin
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Steve D. Hardin
answered on Jun 27, 2023

A class B felony carries 5 to 15 years in prison. It is possible that he might be eligible for probation but more details would be required. How long he actually receives is up to a judge or possibly a jury and will depend on a lot of factors. Your ex husband needs an attorney to represent him.

2 Answers | Asked in Criminal Law, Divorce and Family Law for Missouri on
Q: I have very good reason to believe my wife is having an affair.

Would it be legal for me to put a voice recorder in her car. I am the legal owner,only my name is on the title.

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

As a general rule, Missouri's wiretapping law is a "one-party consent" law. Missouri law makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. See Mo. Rev. Stat. § 542.402.2(2)(3). So, if you... View More

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1 Answer | Asked in Criminal Law for Missouri on
Q: I have court tomorrow for burglary 2nd degree felony and stealing 750 or more felony. Whats gonna happen if i plea guilt

I admitted to it. If I plea guilty what will I get? I have a clean record besides this?

Steve D. Hardin
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Steve D. Hardin
answered on Jun 14, 2023

There is not nearly enough information in your question to give you an answer. Don't just plead guilty get a lawyer and likely you will get a lot less than without one.

1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on
Q: If someone gets pulled over with a fraudulent temporary tag, what would the police charge them with?
Steve D. Hardin
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Steve D. Hardin
answered on Jun 12, 2023

Depends on the officer as there are a range of options from felony forgery to failure to register a motor vehicle or failure to display license plates.

1 Answer | Asked in Criminal Law and Municipal Law for Missouri on
Q: How much would it cost me to get rid of a misdemeanor shoplifting in Washington County Missouri?

In April of 2023 I received a letter from the City of Potosi Missouri informing me that I have court for a misdemeanor shoplifting at Wal-Mart on December 26, 2022 which I know I didn't do but I know the only reason for this is because I got into a disagreement with one of the workers and when... View More

Andrea Rogers
Andrea Rogers
answered on Jun 7, 2023

Most criminal defense attorneys will offer you a free consultation to discuss your criminal history, and discuss the details of your case, before they give you a flat-fee price quote for legal representation. An experienced attorney can give you an estimate of the outcome of your case.

1 Answer | Asked in Criminal Law and Municipal Law for Missouri on
Q: Can a Missouri Police Officer use a 2021 ticket book for December of 2022?

What happened is I received a summons in the mail on April 2023 to appear in court for a misdemeanor shoplifting on December 26, 2022 but the case number is 2021 and what's more important is that I have never shoplifted at this store but I did have a dispute with one of the employees shortly... View More

Andrea Rogers
Andrea Rogers
answered on Jun 7, 2023

If there are any errors on the face of the ticket, the police officer or the prosecutor can correct them at any time. I

If you dispute the charge, you can plead not guilty and the case will be set for trial.

Or you can hire an attorney to negotiate a plea bargain deal to get the...
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