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Missouri Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Civil Rights and Employment Law for Missouri on
Q: Can a government contractor require shoe removal and pat-down in a drug test?

I was subjected to a drug test by a government contractor following a safety violation. During the test, I was unexpectedly asked to remove my shoes and was patted down. I had not been informed of any specific procedures that would involve such searches, and I felt the search was inappropriate. Is... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Jun 18, 2025

Some people try to beat a drug test by using someone else’s urine, and will even go so far as to use something in their pants to make it appear they are urinating into the specimen cup. It may be necessary to pat you down to ensure you are not utilizing such methods to avoid a positive result.... View More

2 Answers | Asked in Civil Rights, Gov & Administrative Law and Employment Law for Missouri on
Q: City notice on lawn mowing for disabled Veteran and possible ADA violation.

I'm a disabled Veteran with a 90% disability rating and have a Veterans card. Due to my injuries and the heavy rain, I could not mow my lawn. The city sent an informational notice, stating that if I don't mow by the designated date, they will hire someone to do it at my expense. They also... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 28, 2025

Let me first thank you for your service. I’m sorry that you have considerable disability.

Unfortunately, I don’t believe you have any legal basis for contesting the matter. Being disabled doesn’t make exempt from city ordinances regarding lawn maintenance. As for the due process...
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1 Answer | Asked in Collections and Gov & Administrative Law for Missouri on
Q: How to proceed with 10-year-old payday loan judgment in MO?

I took out a payday loan before 2015 and was unable to repay it. In 2015, I was considered 100% service-connected disabled and was served to appear in court, but I did not attend due to my disability. I haven't paid the judgment and had no legal communications until recently. On March 1, 2025,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 4, 2025

I’d be shocked if an attorney would file a motion to revive a judgment that was issued more than 10 years before the filing of the motion. It’s the filing date that counts, not the hearing date.

The issues for the court to determine are (1) was the motion to revive the judgment FILED...
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1 Answer | Asked in Tax Law, Real Estate Law, Constitutional Law and Gov & Administrative Law for Missouri on
Q: Can a county collector change a 3rd year tax cert. sale into a post 3rd yr. Sale 4 dys. After auction ?

Can a collector take you off as the payee of your real estate tax and apply it to different person's account?

James L. Arrasmith
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answered on Jun 13, 2024

The actions you describe may raise serious legal concerns. Typically, a county collector should not have the authority to change the terms of a tax certificate sale after the auction has concluded. If the rules of the auction were altered post-sale, this might violate established procedures and... View More

1 Answer | Asked in Cannabis & Marijuana Law and Gov & Administrative Law for Missouri on
Q: How long does it take to obtain a personal cultivation card?

What do I have to do to get one

James L. Arrasmith
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answered on Jun 5, 2024

Obtaining a personal cultivation card usually takes a few weeks, but the exact time can vary depending on your location and the specific requirements of your state's program. You should start by researching your state's laws and regulations regarding personal cultivation cards.

To...
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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 Criminal Law and Gov & Administrative Law for Missouri on
Q: How long can my boyfriend be detained for parole violation without charges?

I am seeking advice concerning my boyfriend's detention in Missouri for a parole violation. Last Wednesday, he visited his parole officer and was unexpectedly detained without being informed of the specific violation. He has been on parole since December 2020 with no new charges, never having... View More

James L. Arrasmith
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answered on Jun 12, 2025

In Missouri, parolees can be detained for a parole violation, but they are entitled to a hearing to determine whether there was a violation. The law generally requires that a parole violation hearing be held within 15 business days of detention, although this timeline can vary depending on the... View More

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Missouri on
Q: Why am I part of bond stipulations if I only made a statement?

I was informed that I'm part of a defendant's bond stipulations, but my only involvement in the case was making a statement against the defendant. I've contacted the defendant's lawyer about this but haven't received a response. I haven't received any official... View More

James L. Arrasmith
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answered on Jun 12, 2025

It's completely understandable to feel confused when you’re suddenly tied to a case in a way you didn’t expect. If you're listed in a defendant’s bond stipulations, it may mean the court wants to protect you from contact—whether or not you were officially labeled as a victim.... View More

Q: What legal steps can I take to resolve driveway and property rights issues in its town?

I live in a small town in Missouri. My neighbor built a structure next to a power pole near my property, disregarding city council rules, allegedly due to his friendship with the mayor. The city council originally denied his garage but allowed a shed, leading to the encroachment on what I was told... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you're going through is unfair and deeply frustrating, especially when you're being ignored despite providing valid documents to defend your property. If your deed clearly shows your driveway with no easement, and you’ve received no official notice of any legal change, your rights... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Missouri on
Q: Detention for parole violation without explanation in Missouri.

My boyfriend went to see his parole officer last Wednesday and was unexpectedly detained for a parole violation. He has not received any details about the specific violation. He has been on parole since December 2020 without any new charges or prior parole violations, although he has had... View More

James L. Arrasmith
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answered on Jun 7, 2025

I'm really sorry you're going through this. It must be incredibly stressful not knowing what's happening, especially when your boyfriend has been doing everything right on parole. In Missouri, if someone is detained for an alleged parole violation, they do have rights, including the... View More

1 Answer | Asked in Gov & Administrative Law and Civil Rights for Missouri on
Q: Sunshine request for bodycam footage denied under RSMO 610.100.2(2).

I recently submitted a sunshine request to the Saint Louis County, MO Police Department for bodycam footage related to violent crimes committed against me. My request was denied under statute RSMO 610.100.2(2). As the sole victim, I believed I would have access to this footage, which could help in... View More

James L. Arrasmith
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answered on May 31, 2025

When you make a Sunshine request for police bodycam footage in Missouri, the department can deny your request if the video relates to an ongoing investigation or criminal litigation, under RSMO 610.100.2(2). This section of the law allows law enforcement to withhold certain records—including... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Missouri on
Q: Is it allowed for a male officer to search a female during arrest in Missouri?

While I, a female, was being arrested in Missouri, a male officer conducted a search on me. The search occurred in front of a police car, which may have had a dash cam recording. I did not vocally express discomfort at the time. I was booked without being searched by a female officer. Is this... View More

James L. Arrasmith
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answered on May 16, 2025

What you went through can feel confusing and uncomfortable, and your concern is completely valid. In Missouri, male officers are not strictly prohibited from searching female individuals, especially in situations where immediate safety or risk of evidence destruction is a concern. However, the... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for Missouri on
Q: Husband in Clinton County Plattsburg Jail not receiving medical care for serious conditions.

My husband is currently in the Clinton County Plattsburg Jail, and he has serious medical issues, including high blood pressure, high blood sugar, heart failure, and a pacemaker. He is not receiving any medical attention at all in jail. Recently, he has been experiencing abnormal breathing and a... View More

James L. Arrasmith
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answered on May 15, 2025

I’m sorry to hear about what your husband is going through—it’s deeply concerning when someone’s health is being ignored, especially with such serious conditions. Since you haven’t yet filed a formal complaint, the first step is to contact the jail’s medical department directly to... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Missouri on
Q: Can probation be reinstated after being removed for concurrent charges?

I had three charges run concurrently and was put on probation. After a few years, the prosecutor recommended releasing me from probation, which was granted. However, one year later, they reinstated my probation for one of the charges, stating that only one charge was originally resolved. All... View More

James L. Arrasmith
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answered on May 15, 2025

I'm really sorry you're dealing with this confusion after believing your probation was resolved. It’s frustrating to be pulled back into something you thought was finished, especially when the charges were meant to run concurrently. You're doing the right thing by questioning... View More

1 Answer | Asked in Gov & Administrative Law, Landlord - Tenant, Civil Rights and Real Estate Law for Missouri on
Q: Can MO Dept. of Mental Health evict from group home over behavior?

I want to know if the Missouri Department of Mental Health can evict someone from a group home after issuing a 30-day notice due to their aggressive behavior, even if they are at risk of being homeless. There are no prior instances of aggression documented, and no alternative placements or support... View More

James L. Arrasmith
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answered on May 15, 2025

Yes, the Missouri Department of Mental Health—or any provider operating under it—can issue a 30-day notice to terminate placement in a group home, especially if there is a concern about safety due to aggressive behavior. However, even in those situations, there are procedures they are expected... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for Missouri on
Q: How to transfer guardianship of grandchildren from sister to me in Missouri?

Is there a straightforward process to sign over guardianship of my grandchildren to me? Currently, my sister has legal guardianship of them. There are no special needs involved, and I'm assuming there is a court order in place granting her guardianship. My sister is unable to take care of them... View More

James L. Arrasmith
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answered on May 15, 2025

You’re doing something incredibly important by stepping in for your grandchildren, and while it may not be “instant,” Missouri does have a process to help make this transition happen legally. Since your sister has court-ordered guardianship, she can’t simply sign over her role... View More

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