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Missouri Criminal Law Questions & Answers
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, 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

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

James L. Arrasmith
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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 and Federal Crimes 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 are facing a federal indictment and have been diagnosed with cancer, it's important to act quickly to protect your health. First, communicate your medical condition to your attorney immediately. They can file a motion with the court for a temporary release or alternative detention... View More

1 Answer | Asked in Consumer Law, Criminal Law, Constitutional Law and Construction Law for Missouri on
Q: Is it true that since a scam in 2018 where I sent cash to someone through Western Union I cann not sue that person

Is it true that since a scam in 2018 where I sent cash to someone through Western Union I cann not sue that person

I mean like having them proscuted now they live in the US I know there contact information and they live in Illinois and I am in Missouri thank you in advanced

James L. Arrasmith
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answered on Jun 21, 2024

There's no blanket rule preventing you from pursuing legal action against someone who scammed you in 2018 via Western Union. However, there are some important factors to consider:

1. Statute of limitations: Each state has time limits for filing lawsuits or criminal charges. You'll...
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1 Answer | Asked in Civil Rights and Criminal Law for Missouri on
Q: Hello, What would be my next step if police used excessive force to enter my home with out knocking and announcing. ?

The warrent IS NOT a no knock warrent.

James L. Arrasmith
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answered on May 24, 2024

If the police used excessive force to enter your home without knocking and announcing, and the warrant was not a no-knock warrant, you have several steps you can take to address this violation of your rights. First, document everything that happened, including the date, time, and details of the... View More

1 Answer | Asked in DUI / DWI, Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: Can a felon (dui) own a modern muzzleloader in Missouri?
James L. Arrasmith
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answered on May 24, 2024

In Missouri, owning a modern muzzleloader can be complicated for someone with a felony DUI conviction. Generally, federal law prohibits felons from owning firearms, and this includes modern muzzleloaders that use inline ignition systems, as they are considered firearms under federal law.... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: if i loss you would basically strip the word liberty from the constitution because we will no longer be free but slaves

& with all the evidence traitors that commit treason of levying a war against united states & allowance of a subversion to take place of our government & nation i've got gorge Washington saying the party sprit would lead to a subversion i've got jfk telling us we are at a war... View More

James L. Arrasmith
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answered on May 1, 2024

It sounds like you're feeling really overwhelmed and frustrated with a range of issues concerning government actions and their impact on liberty. It's understandable to be concerned about these matters, especially when historical and current events seem to show a pattern of behavior that... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Missouri on
Q: has anyone used the agreement of liberty privacy & levying war against the united states in a drug charge court case &

if so which one & mainly would like to read one of liberty & how do i find my past questions on this site

James L. Arrasmith
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answered on May 1, 2024

It sounds like you're inquiring about a very specific use of legal terms in relation to drug charges. The "agreement of liberty privacy & levying war against the United States" isn't a recognized legal term or standard charge in U.S. law. If you're referring to concepts... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: i will attempt my defense the best i can i won't back down even if it means i spend 7 years in the pen as jfk said this

war is bad for our nations security the enemy has advaced they have taken over this country in the form of dea & democracy which we are guaranteed a republican form of government & we ain't 2nd 14th amendment no law shall be created that deprives a us citizen their privilege which is... View More

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answered on Apr 16, 2024

I understand that you feel very strongly about these issues and want to defend your views, but I have some concerns about the approach you're describing. While you have every right to present your defense as you see fit, I would advise carefully considering the potential consequences and... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: k yes what would your defence be as the prosecutor against me trying to argue that im guilty of the crime of possession

in the privacy of my home when i argue that it is treason & i am free & that the warrant was very unreasonable as it is my right as a free citizen of the united states to have non stolen guns & to have drugs as long as i didn't take another's liberty in any manner & as a... View More

James L. Arrasmith
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answered on Apr 14, 2024

The Fourth Amendment protects against unreasonable searches and seizures, but if law enforcement obtained a valid search warrant by demonstrating probable cause to a judge, they are legally allowed to search your home and seize contraband like drugs and illegal weapons. Calling this... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I had a misdemeanor Sexual Misconduct conviction set aside in Missouri, how can I have Failure to Register removed also?

The judge said manifest injustice does not apply to felonies because there’s a 180 day time limit, but misdemeanors have no time frame which is why he was able to set aside the Sexual Misconduct conviction.

James L. Arrasmith
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answered on Apr 11, 2024

I understand you're looking for information on how to have a Failure to Register charge removed after having a misdemeanor Sexual Misconduct conviction set aside in Missouri. Here are a few things to keep in mind:

1. Setting aside a conviction is different from having it expunged or...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on
Q: I was recently contacted by a police officer who stated that there was a accident at a store in my town and said that

Witnesses told him that it was me they seen leaving the accident, but I was not in the accident. I was actually signing my kids in school late that morning. At the time they say the accident occurred. They gave me three citations failure to register my motor vehicle failure to maintain insurance,... View More

Andrea Rogers
Andrea Rogers
answered on Apr 10, 2024

You can hire a traffic law attorney to represent you for your 3 tickets. You will need to provide proof of insurance, and proof that the damages have been paid for. Depending on which court this is being prosecuted in, how bad your driving record is, and much the damage to the victim's vehicle... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Missouri on
Q: k is the united states citizens a free people or not simple answer yes or no legally do they have liberty not liberty's
John Michael Frick
John Michael Frick
answered on Apr 3, 2024

Yes, United States citizens are legally free and the 13th Amendment expressly prohibits slavery or indentured servitude. Part of being a free people is the freedom to surrender portions of our liberty for the common good or for our own good. As a constitutional republic, individual freedom in the... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: Is not being free having their liberty a united states citizens privilege as the constitution states secure the

Blessings of Liberty to ourselves and our Posterity

& the militia is to make sure it is a free state with the 14th amendment that says no law shall be created that deprives a united states citizen of its privilege within the theory of liberty or concept the only act that can be criminal... View More

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answered on Mar 31, 2024

The Constitution of the United States indeed enshrines the preservation of liberty as a core principle, aiming to secure the "Blessings of Liberty" for both current and future generations. This commitment to freedom is a cornerstone of American democracy, guiding the governance and legal... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: ok i know john lock believed in freedom & privacy but not multiple people having privacy at a moment well u.s. founders

did the constitution & the bill of rights all are designed for the duel 2nd amendment to congress providing common defense & liberty that was a private right of ours when we was a free people now days we don't or can't duel because why we are not free & don't have no... View More

James L. Arrasmith
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answered on Mar 30, 2024

You raise some interesting points about the historical context and philosophical underpinnings of liberty and rights. Let me try to address a few key aspects:

The ideas of John Locke and other Enlightenment thinkers like Montesquieu and Rousseau were highly influential on the U.S. Founders....
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1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Missouri on
Q: Brendlin vs California

In the context that I am reading regarding police detainment for a traffic stop. Does that context apply to a commerical vehicle in which someone in a passenger seat or bunk of a commerical vehicle is detained when the basis of the stop wasn't because of an observed violation but merely a... View More

James L. Arrasmith
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answered on Mar 21, 2024

In Brendlin v. California, the Supreme Court held that passengers in a vehicle are seized just like drivers during a traffic stop, meaning they are entitled to challenge the legality of the stop. This principle applies regardless of the vehicle's nature, be it personal or commercial. So, if... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: If someone was on gps monitoring on a state charge of being a felon in possession of a gun but was completely compliant

And never missed a court date, and the feds picked it up, why would the federal prosecutor now want to keep him in jail for the same charge while awaiting trial? He has never missed court, never had a failure to appear and never ran before. He owns a business and home and has a family.

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answered on Mar 14, 2024

In the legal system, decisions about pre-trial detention, especially in federal cases, can be complex and are influenced by various factors. When a case is picked up by federal prosecutors, the stakes are often considered higher, and the approach can be more stringent. Despite a person's... View More

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