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Missouri Gov & Administrative Law Questions & Answers
Q: How to appeal law suits judgement from unemployment claiming I was over paid witch is false

I was still employed by secondary job I reported my weekly earnings and was paid the difference I was honest problem I didn’t learn why they was so adamant that I was not reporting in the correct amount is because my wife is also employed at the same place whenever employment office requested... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jan 30, 2024

The unemployment appeals process is very strictly enforced. If you appealed the Deputy's Determination but failed to appear for the Appeals Hearing, your appeal was dismissed. Only evidence presented at the Appeals Hearing can be considered by the Appeals Tribunal in making its decision. Since... View More

1 Answer | Asked in Gov & Administrative Law, Family Law, Civil Rights and Constitutional Law for Missouri on
Q: What can be done if you have been through your depositional and jurisdictional hearings without adequate counsel

I was provided with an attorney but they never filed any emotions on my behalf I was never allowed to call any witnesses or produce any evidence on my behalf. It's an attorney provided by the state and they have done absolutely nothing to help me in my case. They have denied me my... View More

James L. Arrasmith
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answered on Jan 15, 2024

If you feel that your state-appointed attorney has not adequately represented you, you have the right to raise this concern. Ineffective assistance of counsel can be a serious issue, especially if it impacts your constitutional right to due process.

First, consider discussing your concerns...
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1 Answer | Asked in Divorce, Tax Law and Gov & Administrative Law for Missouri on
Q: How do i renew my tags and pay for just the taxes on my vehicle when my wifes vehicle is on the bill and our divorce is

Still not final. Please help my tags are expired. I live in Arkansas

James L. Arrasmith
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answered on Jan 13, 2024

To renew your vehicle tags and pay only the taxes on your vehicle while your divorce is still pending, you should follow these steps:

1. Contact your local DMV: Reach out to the Arkansas Department of Motor Vehicles or the relevant local agency responsible for vehicle registration to...
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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: What motion to file to stop a judgment due to Ethical Misconduct? Dose it need a Notice of Hearing?

Went threw a separation i left due to abuse in all natures by him and his family. The County i live in is know for its bias verdicts in all court finsings...The judge was so bias and favorable to my ex due to my family knows urs that i got yaken out the pasture so to say. Im an outsider to them.

James L. Arrasmith
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answered on Nov 29, 2023

In your situation, where you believe a judgment was influenced by ethical misconduct or bias, you might consider filing a motion for a new trial or a motion to set aside the judgment. These motions are typically used to challenge a judgment that may have been affected by unfair practices or errors.... View More

2 Answers | Asked in DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: If I lost my driver's license in Illinois and moved out of state, how can I get it back?

I followed the given process by the state multiple times and was denied reinstatement with no course or solution to rectify the situation.

James L. Arrasmith
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answered on Nov 21, 2023

If you lost your driver's license in Illinois and have since moved to another state, the process for getting it back can be complex, especially if you've been denied reinstatement multiple times. First, it's crucial to understand the specific reasons for your denial in Illinois, as... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: 10 days from the judgment day to move does the weekend count and yesterday was Veterans Day

Didn't receive a summons in the mail at all and according to judgment I have 10 days from the 3rd to move. Does that include weekend or holidays

James L. Arrasmith
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answered on Nov 12, 2023

In Missouri, when a judgment specifies a period like 10 days to take action, it typically includes weekends and holidays, unless the court order or applicable law specifically states otherwise. This means that in your case, the 10-day period from the 3rd would include weekends and Veterans Day.... View More

3 Answers | Asked in Constitutional Law and Gov & Administrative Law for Missouri on
Q: Do i have to obtain a lawyer that lives in my state ?

WHEN LOOKING FOR A LAWYER DO THEY NEED TO COME FROM THE STATE THE CLIENT RESIDES IN OR IS SUING IN?

Randall Bateman
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Randall Bateman
answered on Nov 6, 2023

This is a great question. For many areas of law it is best to hire an attorney in the state where you have your dispute or other legal issue. Many areas of law like family law and contracts can vary from state to state. If you are getting divorced, you want a divorce attorney who knows the laws... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: A friend of mine is being held in county jail. Hes beimg denied his mental illness medications by staff.

He was previously incarcerated in missouri DOC facility and its stated in his DOC records that he was prescibed medication for mental illness while in DOCs care,as well as being seen by health professionals while in their care. His medications are noted in the system, and he has mentioned needing... View More

James L. Arrasmith
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answered on Nov 5, 2023

If your friend is being denied prescribed medication for a mental illness while in jail, this may constitute a violation of his Eighth Amendment rights, which protect against cruel and unusual punishment. This could also raise concerns under the Americans with Disabilities Act if he is not being... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Gov & Administrative Law for Missouri on
Q: Court rules 75.01 and 74.05 interplay question.

Question about MO court rule 75.01 and 74.05. Had a case and there was a default judgement. The respondent didn't respond at all. Within 30 days after judgment, they respond. I claimed it was a default judgement and controlled by 74.05. Judge says 75.01 applies since within 30 days and not... View More

James L. Arrasmith
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answered on Nov 5, 2023

In Missouri, Rule 74.05 pertains to setting aside a default judgment, which can be invoked when a party has failed to appear or respond to a lawsuit. However, if a party responds within 30 days of the judgment, as stated in Rule 75.01, the court may have discretion to consider it as a motion for a... 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 Legal Malpractice and Gov & Administrative Law for Missouri on
Q: Where can I go to get help from the state with a city prosecutor who is harassing us legally.

He is good friends with the lawyer of our neighbor who he has hauling us into municipal court almost on a monthly basis.

T. Augustus Claus
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answered on Sep 6, 2023

If you believe you are being harassed or treated unfairly by a city prosecutor who appears to have a bias in favor of your neighbor, it's crucial to document your interactions, consult with an attorney who specializes in municipal law or criminal defense, and consider reporting any unethical... View More

1 Answer | Asked in Car Accidents, Small Claims and Gov & Administrative Law for Missouri on
Q: How do i get insurance information. From a business vehicle when they will not give me information no police report

I was the victim of a hit and run. Witnesses saw truck hit my car and not leave a note it was a company vehicle I contacted the company of the driver that hit my vehicle and they will not give me their insurance information without seeing it on video. I do not have video. It took me a couple days... View More

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2023

A Missouri attorney could advise best, but your question remains open for a week. As a general matter nationwide, insurance information could be requested in the course of the discovery, or fact-finding, process of a lawsuit. A local attorney should advise here, since different tiers of state... View More

1 Answer | Asked in Personal Injury, Gov & Administrative Law and Landlord - Tenant for Missouri on
Q: We are all showing signs of mold toxicity and they haven’t done anything I have a disabled child along with 2 other kids

I’ve had seizures and my wife is losing her hair

Tim Akpinar
Tim Akpinar
answered on Dec 9, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. You could look into trying to set up a free initial consult with an injury firm that handles mold cases. Keep in mind that these can be difficult cases, depending on... View More

2 Answers | Asked in Libel & Slander, Gov & Administrative Law and Legal Malpractice for Missouri on
Q: Suing the court for defamation but trial still ongoing. Been 3years. Too late? Wanted to wait til after trial
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 22, 2022

Judicial immunity will likely preclude such a case by you.

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1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Missouri on
Q: Can a felon carry a legally registered firearm in Missouri when in a state of emergency?

Asking about a friend but curious because when said friend was detained by police and arrested, his firma complicated but he's also a felon so he doesn't know if he's being charged.

Caroline Bundy
Caroline Bundy
answered on Jan 27, 2021

No, felons cannot have firearms.

1 Answer | Asked in Gov & Administrative Law and Immigration Law for Missouri on
Q: I want the title of ownership transferred to me but i don't have a driver license or a permanent resident status

Hi?! I have applied for asylum or withholding of removal like a week ago. there is an already registered car that my uncle want to give me.

will i be able to put my names on the car even though I don't have a licence? i should be getting the application receipt(for asylum) in like 2... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 27, 2020

Check with your state's DMV. Ask if they need a Social Security Number, and any other requirements. If you go in person to the DMV, wait until you have your I-589 asylum application receipt notice. (Scan the original and email it to yourself so you have it in the cloud, make a copy and... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Missouri on
Q: I'm having a ongoing problem (has went on for many many years) Missouri case.net ,also dent , phelps and crawford county

And the information they supply online, my son's name is the same as mine but a "II" after his name they got his history on mine ,I can't get a job cause of case.net (employers use it as a criminal search) and I'm constantly being put n jail for his warrants cause they... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 14, 2019

As you know, there's no easy answer to your situation. You haven't asked a specific question, however. Casenet is supposed to accurately reflect the names of the parties as they are identified when the case is filed. I'm not sure what you specifically want done, and by whom. I... View More

1 Answer | Asked in Tax Law, Gov & Administrative Law, Business Law and Business Formation for Missouri on
Q: I'm tring to open a business and I'm tring to figure out what's taxable and what's not and if it is what's the tax
Matthew M Montoya
Matthew M Montoya
answered on Sep 26, 2016

Tax law is certainly complex and depends entirely on your factual situation. It's commendable that you're inquiring about your tax obligations at such an early stage. Getting these systems down will greatly benefit you in the long run.

The IRS publishes small business guides...
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