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Missouri Constitutional Law Questions & Answers
2 Answers | Asked in Appeals / Appellate Law, Bankruptcy and Constitutional Law for Missouri on
Q: Format for notifying US AG, US Senate, House Committees on Bankruptcy of challenge to constitutionality of Code ?

Can an Article I judge deprive the US Court of Appeals of subject matter jurisdiction ?

Timothy Denison
Timothy Denison answered on Sep 14, 2021

No.

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Q: Is it illegal to make, possess, and/or sale Paracord crafts such as the monkeys fist.

I've been told something about it is caterized with "Slung-shot devices"

Tim Akpinar
Tim Akpinar answered on May 22, 2021

A Missouri attorney could answer best, but your question remains open for two weeks. Monkey's fists are illegal in some states, and only a Missouri criminal attorney would be in a position to advise on the law in Missouri. You are correct in what you describe - although the knot was commonly... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: Can a judge make u get a lawyer when I waited right and informed I was coming Pro se for a D felony

Resulted from an illegal search and seizure...he conducted search after he told us we were free 2 go

Caroline Bundy
Caroline Bundy answered on Feb 11, 2021

The judge can advise you that proceeding without an attorney may not be the best when faced with a felony charge. In order for you to proceed pro se, the judge has to make sure that you fully understand certain things prior to actually representing yourself and that you have the capacity to proceed... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: Is there any pro bono lawyers near me for a civil rights violation received while attending criminal court?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 2, 2021

In general it is tough to find pro bono representation because you are asking a stranger to donate thousands of dollars of his or her time to your case. Therefore, you’ll need to be more specific if you want to catch someone’s attention.

In Section 1983 civil rights cases, prevailing...
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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 Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: Can a warrant be issued for your arrest for FTA while incarcerated in different county & were not transferred to court?

Will the warrant be dropped when going before a judge

Steve D. Hardin
Steve D. Hardin answered on Nov 19, 2020

Yes. In fact it what normally happens so a hold is created so that the accused is not released from the holding facility upon resolution of that case.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: Can u be charged with burglary in the 2nd degree if someone at wal mart steals that's with u
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 9, 2020

Of course you can be charged. Based on the post, I suspect that has happened. Whether someone ultimately gets convicted is another issue. Time to hire a criminal defense attorney.

1 Answer | Asked in Traffic Tickets and Constitutional Law for Missouri on
Q: I showed up to court for a speeding ticket and was told the ticket wasn't in the system yet. Can I get it dismissed?

They blamed Covid, but there was no notification and I missed work to be at court. I disagree with the ticket and now will need to take more time off whenever the ticket is entered and they set a new date. Am I guaranteed a speedy trial and if so, can I get this ticket dismissed. Had I missed... Read more »

Andrea Rogers
Andrea Rogers answered on Oct 16, 2020

No, you can't get your ticket dismissed based on what you have stated. If you had missed the court date, the court would have mailed a letter to you to remind you that you missed your court date and would have re-set your court date on a future date. If the Prosecutor hasn't filed the... Read more »

1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: I haven't been charged with a crime. can a police officer confiscate my medical marijuana? And refuse to return it.

I have a medical marijuana card in good standing in the state of missouri

Roderick C. White
Roderick C. White answered on Oct 16, 2020

Even a valid medical marijuana card does have some limitations with regard to amount. Such as:

"Up to four ounces may be purchased per 30 days. The Department of Health may set limits on the amount of marijuana possessed, “provided that the limit is not less than a 60 days supply.”...
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1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: Hello, I have a question regarding the right to a speedy trial in Missouri. Is it true that you have to REQUEST it?

I'm being told that in Missouri, you have to REQUEST a speedy trial? From what I'm aware of, the (6th Amendment) Right to a Speedy Trial, is active by default and only changes if you formally waive your right to the speedy trial. This is for a criminal case with a felony charge if that... Read more »

Rico Robinson
Rico Robinson answered on Aug 11, 2020

You are right in your assertion that you have a 6th Amendment right to a speedy trial, however there are 2 different concepts of a speedy trial. Procedurally, you do in fact have to request a speedy trial and the court should set a trial date as soon as it is reasonably possible. Once you relay to... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Missouri on
Q: What actions can I take if the apartment office manager doesn't do anything about a tenant that is breaching the peace.

And also has been doing legal drug activity along with letting another occupant living in the unit (which is not on the lease and a pet) I have tried to verbally talk to this tenant to only be disrespected and threatened...I have noted the authorities and have documentation on the noise... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 24, 2020

It is unclear from your description whether you have provided written notice of these issues. You should document the problems with your neighbor and send them in writing to both the manager and the landlord/owner. Also, review your lease and see if there is a clause prohibiting disturbing your... Read more »

1 Answer | Asked in Constitutional Law and Legal Malpractice for Missouri on
Q: Hello, I am wanting to host a boxing event at my house and charge for admission, how can I do this and have it be legal?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 14, 2019

Bad idea on many grounds. First, I doubt the match would be commissioned through the state. Second, you would incur liability risks. Third, it might be unlawful under your city's laws. Fourth, it might violate your HOA declaration or rules and regulations, if applicable.

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... Read 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... Read more »

2 Answers | Asked in Constitutional Law, Consumer Law and Real Estate Law for Missouri on
Q: What is the amount of time a tenant has to move when a house changes ownership and their rent is up to date?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 24, 2019

The change of ownership is not generally significant so long as the lease is still in play.

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1 Answer | Asked in Civil Rights and Constitutional Law for Missouri on
Q: Constitution says the only legal tender is gold and silver to pay off debt but Banking Act of 33 took gold, so what now?

It's probably unorthodox to ask bc I'm not seeking legal advice but I have a paper due this week and our History teacher wants us to write our meaning of Thanksgiving Day so I dug into our founding fathers, read the constitution, and saw that (My question in forum) Ive always wanted to... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 13, 2018

Here's something to ponder. In Missouri, if you owe someone 15 bucks, the person doesn't need to accept payment via a bag of nickels.

408.010. The silver coins of the United States are hereby declared a legal tender, at their par value, fixed by the laws of the United States,...
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1 Answer | Asked in Traffic Tickets, Constitutional Law and Entertainment / Sports for Missouri on
Q: In the state of Missouri, what are all the skateboarding laws? Where can I view them?

I recently got into skateboarding for a fun past time. I would never consider doing tricks on my board anywhere else other than skate parks but have given thought to riding a longboard for a method of transportation. Is it legal to ride a long board on sidewalks? Where can I ride it legally? I... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 18, 2018

If you are not able to find laws in your ordinary searches under civil, traffic, recreational, and other laws, you could check with your elected officials on the city council, assembly, and other local, city, and state government bodies. One of the problems with skateboarding is that many places... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Products Liability for Missouri on
Q: Do I have the right to represent my self in a civil suit .

Just to start before I get a lawyer I want to represent myself and get treated as an attorney, which I will and act upon. I want to obtain records and video from a hospital, a state counseling organization, and a state probation and parole center, this includes all records and vvideo I am involved... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 3, 2018

You have the right to represent yourself, but unless you comply with the local court rules, rules of civil procedure, and relevant statutes, you will quickly find the experience to be a frustrating one. It might cost you more in the long run not to have hired a good attorney at the outset.

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Missouri on
Q: Are there any Lawyers interested in a case that just has to be presented? Two years researched. ProBono. Mid Missouri

This case would go to the Supreme Court. It is newsworthy. Civil rights violations. Statues ignored. Policies and procedures not followed. False documents presented to the court. This needs to be brought to the media's attention. Background in Family Law would be a plus. It is a very long... Read more »

Gary Kollin
Gary Kollin answered on Jun 25, 2018

There are approximately 80 cases a year which are argued in the Supreme Court. About another 100 cases are resolved without argument.

There are about 7,000 to 8,000 cases a year filed with the Supreme Court. The likelihood of getting a case to the Supreme Court is about 1%.

I...
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1 Answer | Asked in Appeals / Appellate Law, Child Support and Constitutional Law for Missouri on
Q: Under the Constitution 322 U.S. 13 Amendment is child support illegal
Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 21, 2018

No, it’s not slavery.

1 Answer | Asked in Criminal Law, Personal Injury, Constitutional Law and Construction Law for Missouri on
Q: In Case 001-3912, I signed a written waiver of counsel form mandated by Mo.Rev.Stat. Section 600.051. However, Case

001-3912 was dismissed by nolle prosequi. Could the form I'd signed in Case 001-3912 constitute compliance with Section 600.051 for my subsequent Case 011-2189 and relieve the trial court from obtaining a new form pertinent to the new case?

Kevin Webb
Kevin Webb answered on Nov 23, 2017

Each case is its own case. Each case requires going through the same steps over and over again. The fact that you are asking this question suggests that you might not want to sign the form this time.

I doubt that the court will rely on a waiver in a different case for this case. That...
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