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Missouri Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Missouri on
Q: My attorney refuses to file a motion to withdraw guilty plea.

I have never seen any of my case file.

I have never been given a copy of what my attorney told me to sign.

My attorney refuses to allow me to withdrawmy guilty plea, and he changed the terms of the plea less than 5 minutes after I signed it.

He doesn't answer or return... Read more »

Matthew Mueller
Matthew Mueller
answered on Jun 23, 2022

Under Missouri law, a defendant can ask to withdraw his guilty plea if he can show that he was misled or induced to enter a plea of guilty by fraud, mistake, misapprehension, coercion, duress or fear. There are generally no time limits for filing a Motion to Withdraw a Guilty Plea under Rule... Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: Can a prostitution charge be lowered to lesser charge?
Andrea Rogers
Andrea Rogers
answered on Jun 21, 2022

Yes, it's possible for an attorney to negotiate a plea bargain deal in which a prostitution charge gets amended to a less serious offense. Of course, the outcome depends on the Defendant's criminal history and which court the case is being prosecuted in.

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Missouri on
Q: My daughter is a victim of sexual assault and our identity is plastered all over casenet.

Statue 566.226 states our Identity is not suppose to be public records,

Our address to our home as well as my daughter school, as well as My name ( her Mother) all over case net

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Apr 20, 2022

That’s terrible. Hire an attorney to seek to have that information not appear on Casenet. I don’t know why a judge would not grant a motion to seal or raise the security level of such filings.

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: How can I be charged with unlawful possession of a firearm not being a felon and not committing a felony.

Wasn't arrested or detained out even questioned about it.

David Casey
David Casey
answered on Apr 13, 2022

There’s no way to know without seeing all of the evidence that is in the possession of the state. You have a right to something called discovery - this is the formal name for the process by which the parties to a legal proceeding gather facts and information in possession of the other party. In... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Missouri on
Q: I'm in the process of getting my medical marijuana card. Can I still possess and own a fireaem if I get my medical card

I know I won't be able to purchase a firearm if the seller does a federal background check. If I do get my card, would I have to turn my firearms over?

David Casey
David Casey
answered on Apr 13, 2022

As of now, one who has a medical marijuana card in Missouri cannot purchase or own a firearm. This is not due to Missouri law, but rather the fact that cannabis is still federally classified a controlled substance This is a quickly-changing area of the law as there is pending federal legislation... Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: How would someone get out of tampering with a motor vehicle when they didn't do it.

In Marshfield,MO

Steve D. Hardin
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Steve D. Hardin
answered on Mar 28, 2022

Honestly the best way to avoid a criminal conviction for any charge is to hire an experienced criminal defense attorney.

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: I'm being wrongfully charged of a crime I didn't commit it's wrong place wrong time situation and it's going to undo

Everything I have done and thousands I've spent to keep them safe if I take q plea deal that takes my kids from me if I take it to trial I'm looking at 10+ years over literally nothing I have done

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Mar 13, 2022

You didn’t state whether you are represented by counsel. If so, rely on your counsel’s advice. There’s no way for a stranger to the situation to give you advice on such an important decision.

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Libel & Slander for Missouri on
Q: Should this be small claims, which state to file if so?

I will do my best to keep this brief yet concise. I have primary residential custody of 4 children who were the product of a previous marriage. I remarried and we live in Jackson County MO.The divorce and custody agreement were filed in Leavenworth County KS. There is an open child abuse... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jan 18, 2022

It’s unclear what relief you seek. Small claims court is only for money damages. Okay you seek injunctive relief, such as an order into remove the defamatory statements, you cannot get such relief in small claims court.

Whether you hire an attorney to sue will depend largely on whether...
Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: is this coercion?

I tried to sell something online and my account got suspended. I asked why it got suspended and I was told this is a common procedure and I need to show proof of identity before i could sell. ok thats fine so thats what i did. i sent my photo ID as i was asked to do along with other personal... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jan 6, 2022

I don't know what website you were trying to use, but why do you believe that the website is not allowed to set rules for users? You might feel pressured to provide your financial information but you are free not to share that information and not to use the website if you have privacy... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Missouri on
Q: What lawyers take contingency cases do all of them or who would you suggest?
Steve D. Hardin
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Steve D. Hardin
answered on Jan 4, 2022

Lawyers can only take contingency fee cases in certain types of cases such as personal injury cases. There are cases were contingency fees are simply not allowed such as family law or criminal defense.

If you wish to know what fee arrangement an attorney will take you will have to...
Read more »

1 Answer | Asked in Criminal Law, Admiralty / Maritime and Military Law for Missouri on
Q: Where do I file a compulsory counterclaim against the administrator who is acting like he is a judge and injured me
Tim Akpinar
Tim Akpinar
answered on Dec 13, 2021

This is posted under Admiralty/Maritime, which often involves federal practice. Under the Federal Rules of Civil Procedure, compulsory counterclaims are governed by Rule 13 of FRCP. But it isn't fully clear what the matter involves, due to the spread of categories included. I can't speak... Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: how do i get bonds lowered and all cases run together because all charges are petty and done because of drug abuse

He is currently in callaway county and has court on the 3rd. he has warrants in Cole County, Marion COunty, Pike County and one in Quincy Illinois. I want to get him out of jail as he has been in there since july. I need some help. please. Like ROR on the warrants or someone to get with the pros... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 6, 2021

The facts of your narrative tell a very different story.

If a person develops warrants from THREE different counties, in TWO separate states, and currently in is CUSTODY in the FOURTH COUNTY with no bond for five months that is not a mere coincidence.

These are not petty charges...
Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: I ran a criminal history report through the state of Illinois and it says no record on file

I ran a criminal history report through the state of Illinois and it says no record on file does this mean I have no warrants, or no criminal offenses on my record and should be good to go correct. Please get back to me when you have time. I'm just needing it understood more if that is what it means

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 12, 2021

Not exactly.

The proper background check must be completed by any law enforcement agency. You may request a fingerprint background check from your local sheriff's office or police department for clearance purposes.

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: Hi I'm a student from another country doing an investigation on a US case, could you help me find the resolution?
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Oct 13, 2021

You can use Justia’s lawyer search tool but most attorneys would charge for their time. Perhaps contact a librarian at a law library.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Missouri on
Q: If a jury finds someone guilty on a case that was dismissed prior to trial, what does that exactly mean?

There was two case numbers, one number apart from each other. The case the verdicts were issued on is the case that was dismissed

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Oct 6, 2021

It means that you are missing something. Juries do not decide dismissed claims. It wouldn’t make sense for a jury to issue a verdict on a dismissed claim.

1 Answer | Asked in Criminal Law for Missouri on
Q: I've got a warrant for possession in missouri from several years ago will it ever go away? I drive a truck and go thru

there a lot I've been pulled over in other states but they say missouri want extraordite what is my best course of action

Andrea Rogers
Andrea Rogers
answered on Oct 4, 2021

The warrant will never go away until you take care of it. It will show up on criminal background checks, and may cause problems for you if you ever travel outside of the U.S. You can hire an attorney to lift the warrant and represent you for the Possession charge. If you hire an attorney, you... Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: If a man has allegations made against him for child molestation should he get a lawyer right away or wait
Steve D. Hardin
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Steve D. Hardin
answered on Sep 15, 2021

He should hire an attorney immediately!!!!

He should also make no statements and answer no questions from anyone other than that attorney.

Child molestation can be some of the most serious charged that can be filed... He needs an attorney immediately.

1 Answer | Asked in Criminal Law and Family Law for Missouri on
Q: Can I file a motion to dismiss an ex parte?

My ex filed one last month I showed up to court and she didn't the judge dropped it... 2 days later I get served again for the exact same thing... this is harassment not the other way around...

Kevin Wayne Puckett
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Kevin Wayne Puckett
answered on Aug 19, 2021

Yes, you can file a motion to dismiss. However, file a motion to dismiss does not guarantee the Judge will dismiss it. You will need to show up to the hearing prepared to defend against the ex-parte, and ask the Judge if your can argue your filed motion to dismiss first.

1 Answer | Asked in Consumer Law, Criminal Law and White Collar Crime for Missouri on
Q: I have a quick question

will a criminal warrant show up in a background check through the state police criminal history report and court records please answer or what is the best site to check We did a national warrant search

Andrea Rogers
Andrea Rogers
answered on Aug 19, 2021

Yes, if you have a warrant, it should show up on any standard criminal background check.

1 Answer | Asked in Criminal Law for Missouri on
Q: What is the penalties for first time conviction
Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 12, 2021

For speeding or for murder?

The answer to you question is “it depends.”

If you can be more specific, you are apt to receive a helpful answer. Different crimes have different ranges of punishment. The defendant’s criminal history may also be relevant.

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