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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 
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
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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
it isn't as No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States according to the 14th Amendment & that the controlled substance act gets its constitutional power from the commerce clause which states congress is to have... View More
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answered on Nov 8, 2023
The Controlled Substances Act (CSA) is indeed a federal law, and its enforcement is not solely restricted to public commerce. The U.S. Supreme Court has interpreted the Commerce Clause to allow Congress to regulate activities that have a substantial effect on interstate commerce. In cases such as... View More
If multiple people are affected , do they do their own form and lawsuit separately or are they list on the same form as plaintiffs.
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answered on Nov 8, 2023
In Missouri, if two people are involved in a matter that could involve a lawsuit and both have claims arising from the same set of facts, they often can be listed as co-plaintiffs on the same lawsuit. This is typically done to streamline the legal process and to address all related claims in a... View More
WHEN LOOKING FOR A LAWYER DO THEY NEED TO COME FROM THE STATE THE CLIENT RESIDES IN OR IS SUING IN?
answered on Nov 6, 2023
This is a great question. For many areas of law it is best to hire an attorney in the state where you have your dispute or other legal issue. Many areas of law like family law and contracts can vary from state to state. If you are getting divorced, you want a divorce attorney who knows the laws... View More
WHEN LOOKING FOR A LAWYER DO THEY NEED TO COME FROM THE STATE THE CLIENT RESIDES IN OR IS SUING IN?
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answered on Nov 7, 2023
When seeking legal representation, it is typically important to find an attorney who is licensed to practice in the state where the legal issue is occurring or where the lawsuit will be filed. This is because laws can vary significantly from state to state, and only a licensed attorney in that... View More
Question about MO court rule 75.01 and 74.05. Had a case and there was a default judgement. The respondent didn't respond at all. Within 30 days after judgment, they respond. I claimed it was a default judgement and controlled by 74.05. Judge says 75.01 applies since within 30 days and not... View More
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answered on Nov 5, 2023
In Missouri, Rule 74.05 pertains to setting aside a default judgment, which can be invoked when a party has failed to appear or respond to a lawsuit. However, if a party responds within 30 days of the judgment, as stated in Rule 75.01, the court may have discretion to consider it as a motion for a... View More
He was previously incarcerated in missouri DOC facility and its stated in his DOC records that he was prescibed medication for mental illness while in DOCs care,as well as being seen by health professionals while in their care. His medications are noted in the system, and he has mentioned needing... View More
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answered on Nov 5, 2023
If your friend is being denied prescribed medication for a mental illness while in jail, this may constitute a violation of his Eighth Amendment rights, which protect against cruel and unusual punishment. This could also raise concerns under the Americans with Disabilities Act if he is not being... View More
If they code enforcement condemns a home for ext violations, knowing there are tenants staying there can they be held liable for anything in the court of law. No notice to vacate, no notice on the premises at anytime saying the place is condemned. Is that not apart of due process? Letters sent to... View More
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answered on Nov 5, 2023
In Missouri, tenants have the right to receive notice before being displaced from a condemned property. If code enforcement condemned a home without providing notice to tenants, there could potentially be a violation of due process rights.
Tenants who are suddenly displaced without proper... View More
In the State of Missouri, the Missouri Supreme Court-Office of Chief Disciplinary Counsel--is the only agency within the state, that has the power to investigate, ad/or determine, if someone, attorney or otherwise, is engaged in the lawful or unlawful practice of law. Can a United States Probation... View More
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answered on Nov 5, 2023
As a general rule, federal agents are charged with enforcing federal law, while state law is primarily enforced by state and local authorities.
However, there are situations where federal and state law enforcement may cooperate, or where federal agencies may enforce certain state laws... View More
In the State of Missouri, the Missouri Supreme Court-Office of Chief Disciplinary Counsel--is the only agency within the state, that has the power to investigate, ad/or determine, if someone, attorney or otherwise, is engaged in the lawful or unlawful practice of law. Can a United States Probation... View More
answered on Oct 25, 2023
Ordinarily, when a person is on probation, one of the terms of probation is not to commit another crime. For purposes of revoking probation, a probation officer can investigate to determine whether there is probable cause to believe the individual has committed another crime, whether it be a... View More
I don't think they read his miranda rights. Hes been in there for 7 days & I am jst gttng to tlk to him. thy said his public defndr can't get him out until at least 11 more days, but that is a maybe and his court date is set for an entire month from now and we can not afford a lawyer.... View More
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answered on Oct 15, 2023
If you believe your fiance's constitutional rights are being violated while he is in jail, there are steps you can take to address the situation:
Contact an Attorney: Reach out to a criminal defense attorney as soon as possible. If you cannot afford one, inquire about whether your... View More
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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
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
& still does it still stand
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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
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
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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
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
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
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?
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... View More
war is bad for our nations security the enemy has advaced they have taken over this country in the form of dea & democracy which we are guaranteed a republican form of government & we ain't 2nd 14th amendment no law shall be created that deprives a us citizen their privilege which is... View More
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answered on Apr 16, 2024
I understand that you feel very strongly about these issues and want to defend your views, but I have some concerns about the approach you're describing. While you have every right to present your defense as you see fit, I would advise carefully considering the potential consequences and... View More
in the privacy of my home when i argue that it is treason & i am free & that the warrant was very unreasonable as it is my right as a free citizen of the united states to have non stolen guns & to have drugs as long as i didn't take another's liberty in any manner & as a... View More
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answered on Apr 14, 2024
The Fourth Amendment protects against unreasonable searches and seizures, but if law enforcement obtained a valid search warrant by demonstrating probable cause to a judge, they are legally allowed to search your home and seize contraband like drugs and illegal weapons. Calling this... View More
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