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Missouri Constitutional Law Questions & Answers
2 Answers | Asked in Constitutional Law for Missouri on
Q: how does this government write a law that is against the law
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

Laws are often drafted by legislative aids, non-profit organizations, or think-tanks that try to avoid writing laws that violate other laws. Sometimes, they push the envelope and laws are drafted and adopted that are later declared to be either unconstitutional, or violative of other laws, or in... View More

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2 Answers | Asked in Constitutional Law for Missouri on
Q: how does this government write a law that is against the law
T. Augustus Claus
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answered on Sep 13, 2023

In democratic systems with a rule of law, the government creates and enforces laws through legislative processes. Laws must conform to the constitution and legal framework. However, when a law is challenged as unconstitutional or in violation of legal principles, a system of checks and balances... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: if a witness is not questionable by my lawyer is their testimony admissible and the warrant that was issued valid

& still does it still stand

T. Augustus Claus
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answered on Sep 12, 2023

In legal proceedings in Missouri, the admissibility of witness testimony and the validity of a warrant are subject to specific legal criteria and considerations. Whether a witness's testimony is admissible typically depends on factors such as relevance, hearsay rules, and compliance with... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Missouri on
Q: question

how can they arrest me for possession of a drug when i am supposedly a free united states citizen & to arrest me of such charges is treason we have 2 declarations of war 1st one is by jfk which he told us that we was at a war & the enemy was close at hand practically our next door neighbor... View More

James L. Arrasmith
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answered on Sep 11, 2023

I can understand why you might feel that your rights are being violated, and it's important to critically evaluate how laws and their enforcement impact individual freedoms. In the US, laws around drug possession are enforced based on a variety of federal and state statutes which have been... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Missouri on
Q: question

how can they arrest me for possession of a drug when i am supposedly a free united states citizen & to arrest me of such charges is treason we have 2 declarations of war 1st one is by jfk which he told us that we was at a war & the enemy was close at hand practically our next door neighbor... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2023

Both under federal law and state law, the manufacturer, distribution, possession, and use of certain drugs is illegal. These laws were passed by the duly elected representatives of the people in Congress and in state legislatures, and do not violate either the U.S. Constitution or state... View More

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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
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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 Traffic Tickets and Constitutional Law for Missouri on
Q: If a cop gave me a printed out ticket but never asked me to sign it is the ticket valid it's on his vehicle camera

I got the ticket in Missouri but while in his vehicle when he gave me the ticket on camera he never asked me to sign it on any of the signature spots is the ticket valid he didn't sign the printed out ticket anywhere either

Andrea Rogers
Andrea Rogers
answered on Oct 1, 2022

Yes, the ticket is valid. It makes no difference if the police officer didn't sign the ticket or if you didn't sign the ticket. After the police officer issues a ticket to a driver, the prosecutor has to approve the ticket, and then it goes to the court clerk to be filed on Casenet.... View More

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 Employment Law and Constitutional Law for Missouri on
Q: Is the NFL's new rule making all teams hire only non-white asst offensive coach a violation of the constitution?

Can you legally make me hire from one group and not from all others? If so, please explain to me how this is possible? I have 30 employees in a very diverse group, all nationalities, religions, gender, straight and not. But this new NFL rule has me concerned that in time it will be the government... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 30, 2022

The US Constitution places limits on government action, not on the conduct of private parties or organizations, such as the NFL. This is a common misconception among laypersons.

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

2 Answers | Asked in Appeals / Appellate Law, Bankruptcy and Constitutional Law for Missouri on
Q: Format for notifying US AG, US Senate, House Committees on Bankruptcy of challenge to constitutionality of Code ?

Can an Article I judge deprive the US Court of Appeals of subject matter jurisdiction ?

Timothy Denison
Timothy Denison
answered on Sep 14, 2021

No.

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Q: Is it illegal to make, possess, and/or sale Paracord crafts such as the monkeys fist.

I've been told something about it is caterized with "Slung-shot devices"

Tim Akpinar
Tim Akpinar
answered on May 22, 2021

A Missouri attorney could answer best, but your question remains open for two weeks. Monkey's fists are illegal in some states, and only a Missouri criminal attorney would be in a position to advise on the law in Missouri. You are correct in what you describe - although the knot was commonly... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: Can a judge make u get a lawyer when I waited right and informed I was coming Pro se for a D felony

Resulted from an illegal search and seizure...he conducted search after he told us we were free 2 go

Caroline Bundy
Caroline Bundy
answered on Feb 11, 2021

The judge can advise you that proceeding without an attorney may not be the best when faced with a felony charge. In order for you to proceed pro se, the judge has to make sure that you fully understand certain things prior to actually representing yourself and that you have the capacity to proceed... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: Is there any pro bono lawyers near me for a civil rights violation received while attending criminal court?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 2, 2021

In general it is tough to find pro bono representation because you are asking a stranger to donate thousands of dollars of his or her time to your case. Therefore, you’ll need to be more specific if you want to catch someone’s attention.

In Section 1983 civil rights cases, prevailing...
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1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Missouri on
Q: Can a felon carry a legally registered firearm in Missouri when in a state of emergency?

Asking about a friend but curious because when said friend was detained by police and arrested, his firma complicated but he's also a felon so he doesn't know if he's being charged.

Caroline Bundy
Caroline Bundy
answered on Jan 27, 2021

No, felons cannot have firearms.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: Can a warrant be issued for your arrest for FTA while incarcerated in different county & were not transferred to court?

Will the warrant be dropped when going before a judge

Steve D. Hardin
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Steve D. Hardin
answered on Nov 19, 2020

Yes. In fact it what normally happens so a hold is created so that the accused is not released from the holding facility upon resolution of that case.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: Can u be charged with burglary in the 2nd degree if someone at wal mart steals that's with u
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 9, 2020

Of course you can be charged. Based on the post, I suspect that has happened. Whether someone ultimately gets convicted is another issue. Time to hire a criminal defense attorney.

1 Answer | Asked in Traffic Tickets and Constitutional Law for Missouri on
Q: I showed up to court for a speeding ticket and was told the ticket wasn't in the system yet. Can I get it dismissed?

They blamed Covid, but there was no notification and I missed work to be at court. I disagree with the ticket and now will need to take more time off whenever the ticket is entered and they set a new date. Am I guaranteed a speedy trial and if so, can I get this ticket dismissed. Had I missed... View More

Andrea Rogers
Andrea Rogers
answered on Oct 16, 2020

No, you can't get your ticket dismissed based on what you have stated. If you had missed the court date, the court would have mailed a letter to you to remind you that you missed your court date and would have re-set your court date on a future date. If the Prosecutor hasn't filed the... View More

1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: I haven't been charged with a crime. can a police officer confiscate my medical marijuana? And refuse to return it.

I have a medical marijuana card in good standing in the state of missouri

Roderick C. White
Roderick C. White
answered on Oct 16, 2020

Even a valid medical marijuana card does have some limitations with regard to amount. Such as:

"Up to four ounces may be purchased per 30 days. The Department of Health may set limits on the amount of marijuana possessed, “provided that the limit is not less than a 60 days supply.”...
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1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: Hello, I have a question regarding the right to a speedy trial in Missouri. Is it true that you have to REQUEST it?

I'm being told that in Missouri, you have to REQUEST a speedy trial? From what I'm aware of, the (6th Amendment) Right to a Speedy Trial, is active by default and only changes if you formally waive your right to the speedy trial. This is for a criminal case with a felony charge if that... View More

Rico Robinson
Rico Robinson
answered on Aug 11, 2020

You are right in your assertion that you have a 6th Amendment right to a speedy trial, however there are 2 different concepts of a speedy trial. Procedurally, you do in fact have to request a speedy trial and the court should set a trial date as soon as it is reasonably possible. Once you relay to... View More

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