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Missouri Questions & Answers
1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Missouri on
Q: I was a inmate in custody being transported to Missouri from Michigan . Was in a accident in Kentucky

Was thrown against the cage while shackled . never was given option to go get checked out was told had to sign papers or no one would eat

James L. Arrasmith
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answered on Nov 30, 2023

In your situation, where you were injured while being transported as an inmate, you may have legal rights that need to be addressed. The circumstances you described, particularly being denied medical attention and being coerced to sign papers under duress, raise serious concerns.

Firstly,...
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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 Employment Law and Employment Discrimination for Missouri on
Q: Can an employer use different job titles for the same job in order to pay different wages to individual employees?

I am a kidney transplant coordinator for a hospital. Hospital has just started a bone marrow transplant program and has created "transplant coordinator" job titles averaging about 15,000 dollars more than my position which is classified as "nurse clinician".

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 26, 2023

In Missouri, what you describe is not unlawful on its face. Your employer cannot discriminate based upon your membership in a protected class, such as race or national origin, but an employer generally need not be fair or nice. I don’t know if the skills for the position differ. Even if they... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for Missouri on
Q: Can an employer use different job titles for the same job in order to pay different wages to individual employees?

I am a kidney transplant coordinator for a hospital. Hospital has just started a bone marrow transplant program and has created "transplant coordinator" job titles averaging about 15,000 dollars more than my position which is classified as "nurse clinician".

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 26, 2023

Missouri is an at-will employment state, and the employer can pay folks however it chooses without regard to job titles. It can also discriminate against employees on any basis it sees fit EXCEPT on the basis of an employee being a member of a protected class. The protected classes are race, sex,... View More

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1 Answer | Asked in Family Law, Adoption and Civil Rights for Missouri on
Q: I am pregnant my 17th birthday was on November 12, 2023 my boyfriends parents say i can move in with them because my pa

Because my parents r not supportive or the nicest so is there anyway that legally in Missouri I can move out? If it helps at all I am adopted.

James L. Arrasmith
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answered on Nov 24, 2023

In Missouri, the legal age of majority, when you can decide where to live independently, is 18. However, given your circumstances, there are a few options you might consider.

Firstly, if you're facing an unsupportive or harmful environment at home, you could explore the option of...
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2 Answers | Asked in Employment Law for Missouri on
Q: Is it illegal for a job to fake offer you a position? And string you along for weeks and then "rescind it" for no reason

I was offered a position. I was told we were waiting on paperwork to process so I could get finger printed. I texted multiple people for weeks and was assured everything was good to go. Here they hired two of us and lied to me for weeks in case the other candidate didn't fall through. I lost... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 23, 2023

While that is unprofessional, it isn't illegal. Since the job is almost certainly at-will employment, the employer could discharge you immediately after being hired without any reason with no liability. As a result, there is no basis for a claim. There could be an exception if you were able to... View More

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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 Federal Crimes for Missouri on
Q: it is a tax that makes drugs illegal correct

as we are free people & are able to have a any drug as it is our right if we retain it & the right to be free because we are slaves or we are free jfk said to keep searching without a warrant was dangerous reason is because it would be proof of the invasion that is taking place against our... View More

James L. Arrasmith
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answered on Nov 19, 2023

The legality of drugs is not primarily a matter of taxation, but rather it's governed by various laws and regulations that classify certain substances as illegal. These laws are in place to regulate the manufacture, distribution, possession, and use of these substances. The classification of a... View More

1 Answer | Asked in Immigration Law, Sexual Harassment and Internet Law for Missouri on
Q: i am a foreign exchange student in US. my friends sent nude pics to girl from my phone . am i gonna get in trouble

they used my phone, but there is no nude pics of me. and that girl said that i didnt do anything wrong. it was only my friends

James L. Arrasmith
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answered on Nov 18, 2023

If your friends used your phone to send nude pictures without your knowledge or consent, it's important to understand that you could still face legal issues, especially if the pictures were sent to a minor. The fact that the pictures did not depict you might be helpful, but it does not... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Missouri on
Q: What protections do I have as a historian who interviews former and existing KKK members from the Civil Rights Era?
James L. Arrasmith
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answered on Nov 17, 2023

Here are a few key considerations for historians interviewing former and existing KKK members from the Civil Rights Era:

- As with any interview subject, obtain informed consent and make sure they understand how the interview will be used. Explain your project goals and how their...
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2 Answers | Asked in Landlord - Tenant for Missouri on
Q: If a home was condemned after signing the lease can i sue the owner?

I renewed a lease after the home was condemned, but was never notified the home was condemned by the city nor the property owner. The city said I was just "stuck in the middle" and its all the property owner fault because technically with a condemnation they don't have to give... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 17, 2023

I am sorry to hear about your situation. You can likely sue your landlord for breach of the implied warranty of habitability. You will need to decide whether it is worth paying an attorney by the hour to go after your landlord. if your landlord allowed the property to be condemned, he might not... View More

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2 Answers | Asked in Landlord - Tenant for Missouri on
Q: If a home was condemned after signing the lease can i sue the owner?

I renewed a lease after the home was condemned, but was never notified the home was condemned by the city nor the property owner. The city said I was just "stuck in the middle" and its all the property owner fault because technically with a condemnation they don't have to give... View More

James L. Arrasmith
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answered on Nov 19, 2023

Yes, you may have a legal basis to sue the property owner in your situation. Even though the city may not be required to notify tenants about a condemnation, the property owner has a responsibility to inform you about the condition of the property, especially if you renewed your lease. Failure to... View More

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1 Answer | Asked in Constitutional Law and Civil Rights for Missouri on
Q: yes how are they able to search my car with a drug sniffing dog without consent or even a warrant probable cause gives

them the right to get a warrant not conduct a search if this was back in the day man i swear people would shot the police doesn't even the court hold that under the protection of the 4th right

James L. Arrasmith
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answered on Nov 15, 2023

Under the Fourth Amendment, searches and seizures must be reasonable and, typically, a warrant is required. However, the U.S. Supreme Court has held that the use of a drug-sniffing dog during a lawful traffic stop does not constitute a search under the Fourth Amendment.

This means that...
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2 Answers | Asked in Car Accidents, Wrongful Death, Personal Injury and Criminal Law for Missouri on
Q: She ran a red light and a motorcycle hit side of her car and died. Her fault, what charges should she face?

He was on a motorcycle goin estimate 15 mph over speed limit. Woman ran red light and he hit the side of her car and it killed him. She has 5 previous dwi's, 3+ driving on suspended/revoked and was driving on suspended/revoked when she killed him. I don't think she had insurance.... View More

Melissa  Webb
Melissa Webb
answered on Nov 13, 2023

The criminal charges, if any, will be at the discretion of the Prosecuting Attorney. It takes time for them to file the charges because they have to gather evidence and determine the appropriate charge(s) to ensure conviction. The family will likely be contacted to provide a victim impact statement... View More

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1 Answer | Asked in Banking and Libel & Slander for Missouri on
Q: Can I sue the bank or the employee that gave out my confidential information to the public about my loan

A person off the street ask an employee about our personal information at the bank and the employee told them everything and they in turn spread it all over town, and we signed a letter stating everything was confidential.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 13, 2023

This isn't defamation. Defamation requires a false statement that damages you. You could sue for something else, but unless you've been financially harmed, my guess is that it won't make financial sense for you to pay an attorney to file suit for you.

2 Answers | Asked in Civil Rights for Missouri on
Q: Can a attorney join a case that has already been filed in court ?

believe I have strong civil right case, with a preponderance amount of evidence. I have been reaching out to attorneys, but it seems there is a limited amount of attorneys who do Civil right cases and in relation to due process, and the few i do have say they have a large case load, or is a small... View More

James L. Arrasmith
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answered on Nov 12, 2023

Yes, an attorney can join a case that has already been filed in court. It's not uncommon for individuals to start a case as a self-represented litigant and later retain an attorney. If you find an attorney after you have filed your case, they can file a notice of appearance with the court to... View More

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1 Answer | Asked in Civil Rights, Landlord - Tenant, Municipal Law and Family Law for Missouri on
Q: Does law enforcement, or cps or any other government agency allowed to search a condemned home without permission ?

The property is not abandoned, but condemned with property owner knowledge, can be repaired and is being repaired. Police showed up to assist cps with a investigation of wanting to go inside of a home. The owner/tenant said no, the law enforcement and cps respected that and did not go in, then... View More

James L. Arrasmith
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answered on Nov 12, 2023

In general, law enforcement and government agencies like CPS require a warrant, consent, or exigent circumstances to legally enter and search a private residence. However, if a property is condemned, code enforcement officials may have the authority to enter the property for safety inspections.... View More

1 Answer | Asked in Constitutional Law and Civil Rights for Missouri on
Q: isn't part of due process the creation of the law as 1st it has to be made that's the process
James L. Arrasmith
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answered on Nov 12, 2023

In Missouri, as in all of the United States, due process refers to the legal principle that the government must respect all of a person's legal rights, rather than just some or most of those legal rights. While the creation of laws is part of the broader legislative process, due process... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: 10 days from the judgment day to move does the weekend count and yesterday was Veterans Day

Didn't receive a summons in the mail at all and according to judgment I have 10 days from the 3rd to move. Does that include weekend or holidays

James L. Arrasmith
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answered on Nov 12, 2023

In Missouri, when a judgment specifies a period like 10 days to take action, it typically includes weekends and holidays, unless the court order or applicable law specifically states otherwise. This means that in your case, the 10-day period from the 3rd would include weekends and Veterans Day.... View More

1 Answer | Asked in Business Law for Missouri on
Q: Is it legal for a non-profit to announce an Annual meeting, then change it a week before with a non disclosed date?

I belong to a non profit dog club. The last 2 years, the announce the Annual Meeting to take at the National Specialty, in accordance with our Bylaws. They have changed the meeting to later in the year.

Members travel to the show specially to attend the meeting in person invade of voting,... View More

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answered on Nov 9, 2023

For a nonprofit organization incorporated in Missouri, it is essential to adhere to both the bylaws of the organization and the applicable state laws when scheduling annual meetings. If the bylaws set forth specific timing or notice requirements for the annual meeting, the organization must follow... View More

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