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Missouri Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Missouri on
Q: Discrepancy in plea deal terms between public defender and judge for possession charges.

I took a plea deal for 3 counts of possession, but there has been a lack of communication and discrepancies between what my public defender said and what the judge decided. My public defender mentioned 5 years backup with 3 years probation under a SIS, while the judge imposed 7 years backup with 5... View More

Adam Bryson
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answered on Oct 2, 2025

There two different types of plea agreements, ones that are binding on the court and ones that are not binding on the court. You should be allowed to withdraw your plea if the court indicates that it will not abide by a binding plea agreement. However, most plea agreements are not binding. The... View More

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Q: How can I appeal termination of parental rights after missing court date?

I am facing the termination of my parental rights and felony charges because my brother and friend were arrested at my house while my kids and I were not present. The notification was sent to my old address despite the authorities being aware of my new address. This led to my missing the court... View More

Adam Bryson
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answered on Oct 1, 2025

You need a final judgment before you can initiate an appeal, it doesn't sound like there is one yet. You should work with your current attorney to try and prevent a final judgment being entered as it pertains to your parental rights. The facts you laid out could be grounds for an appeal as a... View More

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1 Answer | Asked in Appeals / Appellate Law, DUI / DWI and Traffic Tickets for Missouri on
Q: When you haver court and you fail 3 times to appeal because you have financial problems to travel to another state

I’m going to jail ?

T. Augustus Claus
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answered on Feb 9, 2024

If you fail to appear in court for a traffic or DUI/DWI case in Missouri because you are unable to afford travel to another state, this can lead to serious consequences, including the issuance of a warrant for your arrest. However, going to jail is not automatic upon failing to appeal or appear; it... View More

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

2 Answers | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Missouri on
Q: I filed a motion to intervene in my daughter's CPS case in the state of Missouri. It was denied. Can I appeal this?

If I cannot file an appeal can I file a motion for view or some other type of motion to get back before the judge because I have new evidence and what this is to call and I am better prepared at this point for the allegations of the state is making against me I am trying to get a protection order... View More

James L. Arrasmith
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answered on Dec 17, 2023

If your motion to intervene in your daughter's CPS case was denied in Missouri, you generally have the right to appeal that decision. The appeal process allows a higher court to review the lower court's decision to see if there were any errors in how the law was applied or interpreted.... View More

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2 Answers | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Missouri on
Q: I filed a motion to intervene in my daughter's CPS case in the state of Missouri. It was denied. Can I appeal this?

If I cannot file an appeal can I file a motion for view or some other type of motion to get back before the judge because I have new evidence and what this is to call and I am better prepared at this point for the allegations of the state is making against me I am trying to get a protection order... View More

John Michael Frick
John Michael Frick
answered on Dec 20, 2023

Based upon the facts that you describe, it seems likely that your petition to intervene was denied because of a lack of standing in that you are not the children's legal grandparent. If so, an appeal will most likely be unsuccessful.

However, if the adoption is granted as expected,...
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1 Answer | Asked in Employment Law and Appeals / Appellate Law for Missouri on
Q: How to appeal a wrongful termination and unemployment denial?

I am seeking legal advice regarding my husband's recent termination from his job as an automotive technician at Walmart. He was fired after a customer accused him of inappropriate conduct, a claim that was not supported by video evidence or witnesses. Two Walmart managers verified that there... View More

James L. Arrasmith
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answered on Nov 4, 2025

File your unemployment appeal immediately: you have 30 days from the determination to appeal to the Missouri Division of Employment Security Appeals Tribunal, and you must keep filing weekly certifications while the appeal is pending. In the appeal, request interpreter services in writing and, if... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Missouri on
Q: How can I fight a 1987 conviction in MO if I believed I was pleading to a different charge?

In 1987, I was convicted of 1st-degree sexual assault in Missouri. I had believed I was pleading to 2nd-degree based on what my public defender told me. They claim I signed a plea agreement for 1st degree, but I have no recollection of doing so, as it's not something one would forget.... View More

James L. Arrasmith
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answered on Oct 31, 2025

Challenging a conviction from 1987 in Missouri is difficult, but not impossible—especially if you believe your plea was based on misinformation or misunderstanding. Since you thought you were pleading to a lesser charge, you may be able to raise a claim that your plea was **not knowing,... View More

2 Answers | Asked in Divorce, Appeals / Appellate Law, Child Custody and Family Law for Missouri on
Q: Coerced into signing divorce papers, what are my options?

I recently went through a divorce in Clay County, MO, and feel that I was coerced into signing the divorce papers under the threat of losing my belongings and custody of my children from a previous relationship. I have a voicemail documenting the coercive actions taken by my ex-spouse's... View More

Adam Bryson
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answered on Oct 16, 2025

One additional factor for you to consider is whether the judge went over whether the agreement was voluntary with you and your ex in court on the record. I don't believe they do this in divorce proceedings, but I also don't practice divorce law (although I've appealed a few). In... View More

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3 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Missouri on
Q: Can I strengthen my challenge to a $500,000 default judgment by citing Rule 55.33(d) and §511.160?

In Missouri, I'm challenging a $500,000 default judgment where the plaintiff’s petition only requested 'a fair and reasonable judgment in excess of $25,000' without detailing any specific amount. The court entered a default judgment of $500,000, plus interest. I've already... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 1, 2025

$500,000 is in excess of $25,000. If the plaintiff testified at the default hearing or the petition were verified (notarized), then why wouldn’t the judge be able to enter the large judgment?

If you can afford to hire an attorney, it would be wise to do so. A lot is at stake for you.

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1 Answer | Asked in Appeals / Appellate Law, Employment Law, Domestic Violence and Criminal Law for Missouri on
Q: How to request probation due to delay in Missouri's 120 Treatment Program?

I'm seeking advice on behalf of a defendant who was sentenced with an assignment to Missouri's 120 Treatment Program following a plea deal for an Aggravated Felony (5th DUI), which was non-violent. The plea deal involved entrance into the 120 drug Treatment program with probation upon... View More

James L. Arrasmith
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answered on Sep 27, 2025

In Missouri, when a defendant is sentenced to the 120-day treatment program but cannot be placed immediately due to a lack of bed space, the Department of Corrections will often hold them in general population until a spot becomes available. Unfortunately, this delay can work against the intent of... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Missouri on
Q: Facing trial delays on murder charge; options for speedy trial?

I have been charged with 2nd Degree Murder and Unlawful Use of a Weapon in Kansas City, Jackson County, Missouri. While on house arrest, I've consistently expressed to my attorney that I want a speedy trial due to my claim of innocence, but no formal request has been filed yet. My trial dates... View More

James L. Arrasmith
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answered on Aug 30, 2025

In Missouri, you do have the constitutional right to a speedy trial, but that right must usually be formally asserted on the record. If no motion or written demand has been filed, the court may not recognize your request, and delays could continue. Scheduling conflicts and changes in judges or... View More

1 Answer | Asked in Appeals / Appellate Law, White Collar Crime and Criminal Law for Missouri on
Q: Can coming forward after 20 years affect my friend's forgery conviction and expose me to charges?

Approximately 20 years ago, my friend was charged and convicted of forgery in Missouri for cashing a check that I had actually forged. He received probation, which has permanently affected his record. Now, I want to come forward to demonstrate to my children that doing the right thing is important.... View More

James L. Arrasmith
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answered on Jul 26, 2025

What you’re considering is incredibly courageous, and it’s clear that your conscience and values are leading you to do what you feel is right. Admitting to the forgery now may open a path for your friend to seek post-conviction relief, such as filing a motion to vacate the conviction based on... View More

1 Answer | Asked in Criminal Law, Civil Rights and Appeals / Appellate Law for Missouri on
Q: How to file motion to dismiss false allegations against husband in Missouri?

I need to file a motion because my husband was arrested on false allegations made by an officer. He was accused of stalking domestic in the third degree and tampering with a witness, and I want to file a motion to have these charges dismissed and modified. Although I contacted the prosecuting... View More

James L. Arrasmith
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answered on Jul 6, 2025

If your husband already entered a plea bargain, the path forward becomes more complicated, but not impossible. A motion to dismiss is typically filed before a plea is entered, so in this case, you may need to file a motion to withdraw the plea or a motion to vacate the conviction under Missouri... View More

Q: Defendant in Missouri civil case dealing with false docket entries, eviction risk, no legal representation, damaged reputation, and caring for 14 animals. What recourse is available?

I am a defendant in a civil breach of contract case in Missouri, facing false and injurious docket entries accusing me of being a felon and guilty of charges that are not remotely true. I have notified the court through an appeal, and the appellate court has remanded the case back to trial court. I... View More

James L. Arrasmith
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answered on Jul 6, 2025

You have several tools at your disposal even while proceeding without counsel.

First, file a formal motion in your trial court asking to correct or seal the misleading docket entries and to clarify that you are neither a felon nor previously adjudicated guilty. Courts have the power to...
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1 Answer | Asked in Appeals / Appellate Law, Legal Malpractice and Criminal Law for Missouri on
Q: Impact of learning disability on armed criminal action conviction appeal

My 37-year-old son, who has a learning disability, was convicted of armed criminal action a year ago. His lawyer did not bring up his disability during the trial and failed to provide a proper defense. We are now pursuing an appeal because we believe his disability should have been considered, and... View More

James L. Arrasmith
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answered on Jun 25, 2025

Your son’s learning disability could play a significant role in his appeal if it can be shown that it affected his ability to understand the proceedings, communicate with his attorney, or make informed decisions during trial. If his disability was known or should have been known, and his lawyer... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Missouri on
Q: Felony charge for expired license due to previous convictions 17 years ago in Missouri.

My girlfriend was charged with a felony for driving without a valid license, even though her license was only expired and she now has a valid one. This is her third offense, with the previous convictions occurring in 2008 before she ever obtained a license, and she never had a DWI. Her case is now... View More

James L. Arrasmith
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answered on Jun 10, 2025

You're right to question the felony charge, especially given how old the prior offenses are and that she currently holds a valid license. Missouri statute RSMo 302.321 does increase the charge to a felony after multiple prior convictions, but there are limits—particularly when those previous... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Missouri on
Q: My brother faces increased prison time for theft; options?

My brother was arrested for attempting to steal three items from a thrift store, including a purse they claimed was worth $2,000. He was charged with theft and resisting arrest, even though he had not left the store with the items. Initially, the state offered a plea deal of 4 years in prison,... View More

John D James
John D James
answered on May 2, 2025

If the offer was specifically "accepted," it should be enforceable on the prosecutor. Merely waiving the prelim is likely not enough to enforce a plea deal. Until the offer is formally accepted, the prosecutor is free to withdraw a recommendation.

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1 Answer | Asked in Appeals / Appellate Law and Employment Law for Missouri on
Q: Can I pursue a CNA license in Missouri after a neglect blacklist period and appeal?

I am in Missouri and was dismissed and blacklisted from obtaining a CNA license due to a neglect charge. After a meeting, the blacklist status remains for two years, and I have 20 days to appeal with a lawyer. Can I pursue getting my CNA license after the blacklist period, and what steps should I... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, you can still pursue your CNA license in Missouri after the two-year blacklist period, but it’s important to take steps now to give yourself the best chance when the time comes. If you don’t appeal within the 20-day window, the current decision will stand, and you’ll need to wait out the... View More

2 Answers | Asked in DUI / DWI and Appeals / Appellate Law for Missouri on
Q: Can my friend appeal a DWI conviction, given multiple Driving While Suspended charges and prior convictions in Missouri?

My friend was found guilty of a DWI charge in August 2023 while he was incarcerated. He refused a blood alcohol test requested by the police, though he passed the initial sobriety tests. He has multiple Driving While Suspended charges, making it unlikely he’ll obtain a driver's license... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 10, 2025

If the deadline for filing an appeal has not passed, he may file a notice of appeal. A successful appeal requires convincing the appellate court that a reversible error was made below.

Your friend should hire a good criminal appellate lawyer to assess the situation.

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