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Missouri Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: I have an outstanding warrant for a crime I did commit, however it says my warrant is for something I was never charged

with. Under my case file, it says it's for stealing, but I pled not guilty, and then missed my trial arraignment. I should only have a warrant for missing my court date since I was never officially sentenced, right? Should I turn myself in?

Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Jun 28, 2023

Yes you should turn yourself in. But before you do you need to hire an attorney or speak to your current attorney.

The warrant even for failure to appear always references the charges even if you have plead not guilty. Either way when you have a warrant you need to get an attorney and...
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1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Missouri on
Q: Can a landlord who is a police officer conduct his own investigation on a tenant and evict them?

My landlord was a drug investigator and he did his own investigation allegedly conducting three trash pulls to obtain a bogus warrant to search my home and evict me. He then refused to return the rent I had paid ahead of time or my deposit. I left in December and was paid until February and I had a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 23, 2023

If you were sued and served with the summons and petition or it was posted, then you would have had an opportunity to show up at court and argue that you didn’t breach the lease. From your post, it’s not clear what happened. If you lost the case and the judgment is final then I don’t know... View More

2 Answers | Asked in Consumer Law, Business Law and Civil Rights for Missouri on
Q: Can a business owner sue for spam business related calls & Texts received on their PERSONAL cell phone ?

I AM SELF EMPLOYED. I have a business phone and a personal phone both are cell phones. if i get business related calls on my personal cell phone does that mean i still cant sue the caller because i am a business owner? i have my personal phone on the do not call list . state and federal registry.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 7, 2023

You pose good questions. I file lots of Telephone Consumer Protection Act class actions and can tell you that this is a hot area of law, because my cell phones are now both personal and business lines. Text messages are a bit different. I suggest you have an attorney. The calls and texts raise... View More

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1 Answer | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for Missouri on
Q: i have a oop violation and a communication harassment and a failure to appear charges 400 miles away. i was never serve

i never knew i had this and was never given a chance to defend my self.i had been divorced for 17 yrs

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 9, 2023

I'm not sure what your legal question is. If you wish to challenge the order of protection, your options may be dictated by when it was entered and if you were served. An attorney could review the file on Casenet.

1 Answer | Asked in Employment Law and Civil Rights for Missouri on
Q: After a city counsel meeting the meeting was adjourned. Some of the Alderpersons and mayor sat around and discussed

The employees and their problems. Like I said. They hard adjourned the meeting and there were still citizens present. Do the employees have a case against them

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 13, 2023

A case for what? Are you thinking that the employees have a privacy right related to what was being discussed? Generally there is no such privacy right unless it relates to medical privacy. While it may not be appropriate, it isn’t normally illegal.

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for Missouri on
Q: If I believe I am being harassed out of retaliation (not employment related), would that be harassment or retaliation?

I have a previous landlord who is neighbors with my mother. He evicted us for breaking the lease (which we didn't) and has been harassing my mom periodically since. Most recently he has yelled at my 7 yo child for something that didn't happen.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 3, 2023

If he has threatened to harm the child seek and order of protection.

It takes a court judgment for an eviction. Therefore, if you were sued you should have had your day in court.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: What do I do when I can prove police have tampered with evidence in my criminal case and no local lawyer will help
John Michael Frick
John Michael Frick
answered on May 3, 2023

Look outside your local area to lawyers licensed to practice in Missouri federal courts who practice in the area of civil rights.

Increasing how much you are willing to pay for a lawyer’s services makes it more likely you will be able to find a lawyer who is willing to work for you.

1 Answer | Asked in Civil Rights for Missouri on
Q: The amendment 14 the right to travel would you tell me more about that please

Like if your traveling from point A to point B, do you need a license if your property is considered home goods? And if your not using it for commerical use

John Michael Frick
John Michael Frick
answered on Apr 10, 2023

You do not need a license to travel from point A to point B.

But you do need a license to operate a motor vehicle

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Missouri on
Q: Do I have a case for unlawful termination and can I sue ?

I was allowed to start working at a nursing home before the pre employment background check was conducted.2 months later, I was terminated because the background check showed an arrest for kidnapping and burglary, to which I am not guilty of,but no conviction. The case is still pending in court and... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 8, 2022

Missouri is an employment-at-will state. With limited exceptions, an employer may terminate an employee at will and doesn’t need to be fair.

1 Answer | Asked in Criminal Law and Civil Rights for Missouri on
Q: Wondering if I may have a case for dismissal

So I went to my bond appearance today and the judge gave me a continuation to find a lawyer but when I got home I started thinking about it and she didn't actually ask what my plea was.

Her exact words (after I requested a court appointed lawyer) were "So I assume you are... View More

Matthew Mueller
Matthew Mueller
answered on Jul 19, 2022

At your initial appearance before a judge, the judge is required to appoint a lawyer for you if a conviction for the offense you are charged with would probably result in confinement and if you are shown to be indigent (i.e. unable to hire your own counsel). See Missouri Supreme Court Rule... View 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
PREMIUM
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...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: How can we sue a count jail for medical neglect and for violating inmates rights

Denied medical care after contracting covid due to the jails negligence and unsanitary conditions also bond set so high he can't get out $350,000 judge refuses to lower it and has yet to have been in front of a judge for a formal hearing or arraignment for his charges they held his arraignment... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 2, 2022

A person may file a Section 1983 suit concerning lack of medical care by filing the complaint himself or hiring an attorney to do so. Attorneys who file civil rights suits generally do so on a contingency basis but are particular as to which suits they will choose to undertake given the... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Missouri on
Q: What does A&S 03 mean?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 20, 2021

I've been in practice for many years and have no idea. Perhaps if you provide some context you'll get a better answer.

1 Answer | Asked in Civil Litigation and Civil Rights for Missouri on
Q: Can I charge rent for a shed that was left on my property by an old boss?

I quit in April 2021, he said he was going to come get the building. It is now November 2021 and he sold it to someone. Can I send him an invoice for rent since her kept his building on my property?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 1, 2021

You can certainly send an invoice, but unless you had an agreement for the payment of rent you are not going to be able to sue for breach of lease or contract. Research Missouri's abandoned property statute.

1 Answer | Asked in Real Estate Law and Civil Rights for Missouri on
Q: how do I tell if i have a lien on my property in missouri, cass county?

If i have a civil judgement, but the loan is strictly in my wifes name, but being married my name is on the deed, will that judgement money be taking out of the sale of the house?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Nov 16, 2021

To see if the judgment has been filed as a lien against your house, you can ask a title company to run a property profile or a preliminary title search on your home. That will reveal if the lien has been filed. If so, and the house is in both your name and your wife's, it is likely the lien... View More

1 Answer | Asked in Contracts and Civil Rights for Missouri on
Q: I live in St. Louis, Mo. I sold my home over two months ago. The house was inspected thoroughly and passed.

The new owners is having sewage problems and now wants to sue me. Am I liable for anything that happens to the house?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 15, 2021

I suggest that you have an attorney review your sale contract and seller's disclosure form, as well as any written demands from the buyers. You are liable if the buyers sue you and prove their claim or claims against you by a preponderence of the evidence. I have litigated... View More

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
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.

2 Answers | Asked in Employment Law and Civil Rights for Missouri on
Q: Can I be audio recorded without consent in a 2 party consent state?

I deliver in Illinois, a 2 party consent state. I wasn't made aware that the video camera in my vehicle records audio until I found out last week. I also deliver in Missouri. Would it be worth it to sue my employer since I signed no agreement and wasn't verbally notified my audio was... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 19, 2021

Whether it is worth suing will depend upon the following:

1. What is your goal?

2. How much will it cost to sue?

3. What are your chances of prevailing?

4. What damages would you be awarded if you win,

5. Does the IL statute have a provision entitling you to...
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1 Answer | Asked in Civil Rights, Elder Law and Trademark for Missouri on
Q: Can someone sue an individual who directly misuses them financially? I'm disabled.

This man was homeless and I chose to help him, he used me, he has money, and always did, he pretended to care for me, to keep a roof over his head. He is abusive.

Linda Liang
Linda Liang
answered on Jul 10, 2021

It depends on what you want him to do. You can ask him to leave. If he refuses, you can sue to eject him.

1 Answer | Asked in Criminal Law and Civil Rights for Missouri on
Q: Can my case be changed?

In 2009 I was charged for sexual misconduct which I received a class d felony. It should have been a class b misdomeaner.

Caroline Bundy
Caroline Bundy
answered on Apr 1, 2021

See about reaching out to the court to see if it was a clerical issue. If not, I would speak with an attorney about your case.

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