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Missouri Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: If someone was on gps monitoring on a state charge of being a felon in possession of a gun but was completely compliant

And never missed a court date, and the feds picked it up, why would the federal prosecutor now want to keep him in jail for the same charge while awaiting trial? He has never missed court, never had a failure to appear and never ran before. He owns a business and home and has a family.

James L. Arrasmith
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answered on Mar 14, 2024

In the legal system, decisions about pre-trial detention, especially in federal cases, can be complex and are influenced by various factors. When a case is picked up by federal prosecutors, the stakes are often considered higher, and the approach can be more stringent. Despite a person's... View More

2 Answers | Asked in Public Benefits and Collections for Missouri on
Q: Over the phone I was contacted by a Lawyers Group to offer me a Debt Hardship Program and all my debt would be in litiga

Tion. I am to pay the law firm $270/month for 20 months. He told me not to pay any credit card pmts and don't talk to them. Nothing will be going to the creditors it is all to go to lawyers. How is this going to get me out of debt?He had me sign over phone without me reading it 1st. Have I got... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 12, 2024

What you described is a debt settlement program. There are legit one and there are ones that do poor work. Without reviewing the program you chose to join and without assessing your financial situation, it’s hard to say whether you made a good decision. Given your post, it sounds like you... View More

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1 Answer | Asked in Family Law for Missouri on
Q: Can DFS still have an open case against me 10 yrs after my daughter turned 18 and is now 25

She aged out of foster care at 18 and is now 25 no longer in the care of the state but still has it opened as unresolved and it's been 10 yrs.

James L. Arrasmith
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answered on Mar 11, 2024

Based on the information provided, it seems highly unlikely that the Department of Family Services (DFS) would still have an open case against you 10 years after your daughter turned 18 and aged out of foster care. Here are a few key points to consider:

1. Age of majority: In most states,...
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1 Answer | Asked in Civil Rights for Missouri on
Q: Were my rights violated during an encounter with the police?

I was sitting in a parking lot on the phone. An officer arrived, turned on his lights and got out. Then pointed his gun at me and told me to get out. I asked why, he said he'd shoot me, I asked to talk to his supervisor. A few seconds later another officer arrive, pulled his weapon and said... View More

James L. Arrasmith
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answered on Mar 9, 2024

Based on the details you provided, it seems that your rights may have been violated during this encounter with the police. Here are a few points to consider:

1. Excessive force: The officers' actions of pointing guns at you and threatening to shoot you, especially when you were not...
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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Missouri on
Q: My mother passed away & we were co signers on our home. Family member got POA on mom n sold our home. What can I do?

My mother & I co-signed to buy our home 7 yrs ago. My mother went into a home. Family member got POA on my mom, wrongfully 4 day evicted (not court ordered) me and disabled adult brother. They sold our home and 3 months later I found papers on agreement with my signature under my mom's on... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry for the loss of your mother and the incredibly difficult situation you're in with your family member and home. Losing your mother is heartbreaking enough, let alone having a relative use a power of attorney to evict you and sell the house out from under you with no notice.... View More

1 Answer | Asked in Criminal Law and Family Law for Missouri on
Q: A family member gaslighting me for 7 yrs now. What can I do to stop this?

This person has attacked me by every means possible. Through dfs to aging to Falsified police reports. There are 23 reports to police from me on the attacks. It has gone to pushing door open on me and assaulting me and disabled member. Two evictions in three months. Yet police do nothing. What do I... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry you're going through this incredibly difficult and distressing situation with your family member. Being subjected to gaslighting, false allegations, and physical assaults over such a prolonged period must be absolutely traumatic and exhausting. You're wise to recognize... View More

1 Answer | Asked in Civil Litigation for Missouri on
Q: Can I open a civil case if it involves multiple charges ? How do I open a civil case ?

This person has stalked, harassed, threatened, assaulted, stole money from my purse, sold a home I was co-signed with my mother now deceased with a POA on my mother, with held ssa benefits to beneficiary of whom I'm caring for, lied to local police to have me arrested, slandered my name to... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry you're going through this nightmare situation. It sounds incredibly stressful and frightening. Here is some general information that I hope can point you in the right direction:

It does sound like there could potentially be grounds for a civil case here, even with...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: My boyfriends house got kicked in by the police and they found in a lock box 490 grams meth and they charged him with

Class A felony with excessive amount in mo . How low can that charge be dropped down to??

James L. Arrasmith
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answered on Mar 7, 2024

The severity of charges for drug possession, particularly with a substance like methamphetamine, depends on various factors, including the amount involved, the intended use (personal use vs. distribution), and any prior criminal history. In Missouri, a Class A felony for drug possession indicates a... View More

1 Answer | Asked in Criminal Law for Missouri on
Q: Can I pay and not go to court ? Trespassing 1stD. For being in Walmart parking asking for signatures (that is my work)

I Work collecting signatures for a campaign, was inside of Walmart parking lot was told by Walmart manager to get out of the parking lot, I walked out and the police came and arrested me when I was outside of the parking lot , bond is 1000 payed 100 and know I have to go to court on May .. Can you... View More

James L. Arrasmith
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answered on Mar 6, 2024

In cases like yours, paying a bond and hoping to avoid court isn't usually a complete solution. The bond allows for your release until the court date but doesn't negate the need to appear in court. Not attending your court date can result in additional charges or a warrant for your... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: I just came into session at 4 acres of property in Missouri how do I remove someone from the property

I co owned 4 acres of property in Missouri with another person that person recently died in the property came on his son has been saying all the property refuses to leave

Anthony M. Avery
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answered on Mar 5, 2024

If the Decedent's heirs are on the property, you cannot sue a tenant in common for possession. They will have the same rights as you. However hire a MO attorney to file an action for Partition. Either all TICs will get paid out, or you might buy the other's interests out and have... View More

1 Answer | Asked in Civil Rights and Health Care Law for Missouri on
Q: Paperwork was filled out for involuntary commitment before court date judge said no place for them.
James L. Arrasmith
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answered on Mar 4, 2024

When paperwork for involuntary commitment is completed but a judge indicates there's no place for the individual in question, it's a challenging situation that requires immediate attention and alternative solutions. The judge's response typically means that, despite the legal... View More

1 Answer | Asked in Tax Law for Missouri on
Q: Are hotels in Harrisonville MO, Cass County allowed to charge a town hall development tax on customers bills
James L. Arrasmith
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answered on Mar 3, 2024

In Harrisonville, MO, located within Cass County, the imposition of taxes on hotel bills can be subject to local ordinances and state law. Municipalities and counties often have the authority to levy taxes on accommodations, which can include a variety of specific purposes such as tourism... View More

1 Answer | Asked in Insurance Bad Faith and Health Care Law for Missouri on
Q: What can I do when I am being charged a much larger medical bill than I was originally told I would have to pay?

I had surgery in December of 2023. I was told that my insurance covered it and I would owe $750.00. A month later I received an explanation of benefits from the insurance company saying I have a financial responsibility of $7000+. Upon further examination I realized my insurance had been canceled... View More

Tim Akpinar
Tim Akpinar
answered on Mar 1, 2024

A Missouri attorney could advise best, but your question remains open for a week. As a starting point, you could contact the hospital administration (billing and collections departments) and the insurance carrier to try to find out what happened. If you need to escalate to an attorney consult, your... View More

1 Answer | Asked in Immigration Law for Missouri on
Q: I am working with a family who accidentally missed their immigration court date last week. What should the family do now

The mother had her paperwork in a purse that was recently stolen. The paperwork listed the court date time and location. She knew the date was approaching so she called in to find out when she needed to be present only to find out the court date had passed nearly a week ago.

James L. Arrasmith
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answered on Feb 28, 2024

In situations where a court date is missed, especially for immigration matters, it's crucial to act quickly to address the oversight. The family should immediately contact the court to explain the situation, including the reason for missing the scheduled date. Documentation of the stolen purse... View More

1 Answer | Asked in Family Law for Missouri on
Q: DO I HAVE TO APPEAR IN COURT FOR AN ORDER OF PROTECTION IN CASS COUNTY COURT ?

my legal husband received an order of protection from a relative of mine but is not sure how to make it to Cass County as he resides in Wyandotte County. The court date is March 6, 2024

James L. Arrasmith
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answered on Feb 26, 2024

If your legal husband has received an order of protection from a relative of yours in Cass County Court, it's essential to carefully review the documents provided to determine whether his appearance in court is required. Typically, orders of protection involve court hearings where both parties... View More

1 Answer | Asked in Traffic Tickets for Missouri on
Q: I was pulled over on 03/04/2022 in Missouri and received 3 ordinance violations. How long can they pursue these?
Andrea Rogers
Andrea Rogers
answered on Feb 25, 2024

The prosecutor has up to 1 year from the date when the tickets were issued to file the charges against you. In some courts in Missouri, tickets were not filed until the day before the 1-year statute of limitations expired. And then it can take several months for the court clerk to file the tickets... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: If I purchased a home with proceeds from drug dealing but put the property in someone else name can it be taken by dea?

I am not the person I just ran out of typing space but it's a family member of mine.

James L. Arrasmith
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answered on Feb 25, 2024

If the property was purchased with proceeds from drug dealing, it could potentially be subject to seizure by the DEA or other law enforcement agencies. Even if the property is in someone else's name, law enforcement may still be able to pursue forfeiture proceedings if they can demonstrate... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Missouri on
Q: how is the militia able to enforce a regulation in the privacy of a citizens home that enslaves him or her thought

militia is to make sure it is a free state & enforce law not a enslaving regulation such csa

thought we was a free people the courts say they are liberating us but it is the opposite

James L. Arrasmith
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answered on Feb 25, 2024

The concept of a militia in the United States is historically tied to the defense and security of the state, rather than the enforcement of regulations within the private homes of citizens. The role of militias has evolved over time and is defined by law, including the U.S. Constitution and various... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Missouri on
Q: how is the militia able to enforce a regulation in the privacy of a citizens home that enslaves him or her thought

militia is to make sure it is a free state & enforce law not a enslaving regulation such csa

thought we was a free people the courts say they are liberating us but it is the opposite

John Michael Frick
John Michael Frick
answered on Feb 29, 2024

Under Article I, Section 8 of the U.S. Constitution, Congress is explicitly granted the power:

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; and

To provide for organizing, arming, and disciplining, the Militia,...
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1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Missouri on
Q: My friend who is 17 has been living with her mom. Her mom told us she could live with me. Then her grandpa takes her

Her grandparents have custody but yet have not said anything tell she got back into Missouri then comes over and just yells through my door that she needs to go with them or else. We don’t know what to do but she is not mentally stable there and hates living with them. Her mom gave her promotion... View More

James L. Arrasmith
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answered on Feb 24, 2024

In situations where there's a dispute over the custody or living arrangements of a minor, the legal custody order takes precedence. If the grandparents have legal custody of your friend, they generally have the right to decide where she lives until she reaches the age of majority, which is 18... View More

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