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Missouri Constitutional Law Questions & Answers
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

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Missouri on
Q: What actions can I take if the apartment office manager doesn't do anything about a tenant that is breaching the peace.

And also has been doing legal drug activity along with letting another occupant living in the unit (which is not on the lease and a pet) I have tried to verbally talk to this tenant to only be disrespected and threatened...I have noted the authorities and have documentation on the noise... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on May 24, 2020

It is unclear from your description whether you have provided written notice of these issues. You should document the problems with your neighbor and send them in writing to both the manager and the landlord/owner. Also, review your lease and see if there is a clause prohibiting disturbing your... View More

1 Answer | Asked in Constitutional Law and Legal Malpractice for Missouri on
Q: Hello, I am wanting to host a boxing event at my house and charge for admission, how can I do this and have it be legal?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 14, 2019

Bad idea on many grounds. First, I doubt the match would be commissioned through the state. Second, you would incur liability risks. Third, it might be unlawful under your city's laws. Fourth, it might violate your HOA declaration or rules and regulations, if applicable.

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Missouri on
Q: I'm having a ongoing problem (has went on for many many years) Missouri case.net ,also dent , phelps and crawford county

And the information they supply online, my son's name is the same as mine but a "II" after his name they got his history on mine ,I can't get a job cause of case.net (employers use it as a criminal search) and I'm constantly being put n jail for his warrants cause they... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 14, 2019

As you know, there's no easy answer to your situation. You haven't asked a specific question, however. Casenet is supposed to accurately reflect the names of the parties as they are identified when the case is filed. I'm not sure what you specifically want done, and by whom. I... View More

2 Answers | Asked in Constitutional Law, Consumer Law and Real Estate Law for Missouri on
Q: What is the amount of time a tenant has to move when a house changes ownership and their rent is up to date?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 24, 2019

The change of ownership is not generally significant so long as the lease is still in play.

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1 Answer | Asked in Civil Rights and Constitutional Law for Missouri on
Q: Constitution says the only legal tender is gold and silver to pay off debt but Banking Act of 33 took gold, so what now?

It's probably unorthodox to ask bc I'm not seeking legal advice but I have a paper due this week and our History teacher wants us to write our meaning of Thanksgiving Day so I dug into our founding fathers, read the constitution, and saw that (My question in forum) Ive always wanted to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 13, 2018

Here's something to ponder. In Missouri, if you owe someone 15 bucks, the person doesn't need to accept payment via a bag of nickels.

408.010. The silver coins of the United States are hereby declared a legal tender, at their par value, fixed by the laws of the United States,...
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1 Answer | Asked in Traffic Tickets, Constitutional Law and Entertainment / Sports for Missouri on
Q: In the state of Missouri, what are all the skateboarding laws? Where can I view them?

I recently got into skateboarding for a fun past time. I would never consider doing tricks on my board anywhere else other than skate parks but have given thought to riding a longboard for a method of transportation. Is it legal to ride a long board on sidewalks? Where can I ride it legally? I... View More

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2018

If you are not able to find laws in your ordinary searches under civil, traffic, recreational, and other laws, you could check with your elected officials on the city council, assembly, and other local, city, and state government bodies. One of the problems with skateboarding is that many places... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Products Liability for Missouri on
Q: Do I have the right to represent my self in a civil suit .

Just to start before I get a lawyer I want to represent myself and get treated as an attorney, which I will and act upon. I want to obtain records and video from a hospital, a state counseling organization, and a state probation and parole center, this includes all records and vvideo I am involved... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 3, 2018

You have the right to represent yourself, but unless you comply with the local court rules, rules of civil procedure, and relevant statutes, you will quickly find the experience to be a frustrating one. It might cost you more in the long run not to have hired a good attorney at the outset.

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Missouri on
Q: Are there any Lawyers interested in a case that just has to be presented? Two years researched. ProBono. Mid Missouri

This case would go to the Supreme Court. It is newsworthy. Civil rights violations. Statues ignored. Policies and procedures not followed. False documents presented to the court. This needs to be brought to the media's attention. Background in Family Law would be a plus. It is a very long... View More

Gary Kollin
Gary Kollin
answered on Jun 25, 2018

There are approximately 80 cases a year which are argued in the Supreme Court. About another 100 cases are resolved without argument.

There are about 7,000 to 8,000 cases a year filed with the Supreme Court. The likelihood of getting a case to the Supreme Court is about 1%.

I...
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1 Answer | Asked in Appeals / Appellate Law, Child Support and Constitutional Law for Missouri on
Q: Under the Constitution 322 U.S. 13 Amendment is child support illegal
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 21, 2018

No, it’s not slavery.

1 Answer | Asked in Criminal Law, Personal Injury, Constitutional Law and Construction Law for Missouri on
Q: In Case 001-3912, I signed a written waiver of counsel form mandated by Mo.Rev.Stat. Section 600.051. However, Case

001-3912 was dismissed by nolle prosequi. Could the form I'd signed in Case 001-3912 constitute compliance with Section 600.051 for my subsequent Case 011-2189 and relieve the trial court from obtaining a new form pertinent to the new case?

Kevin Webb
Kevin Webb
answered on Nov 23, 2017

Each case is its own case. Each case requires going through the same steps over and over again. The fact that you are asking this question suggests that you might not want to sign the form this time.

I doubt that the court will rely on a waiver in a different case for this case. That...
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1 Answer | Asked in Constitutional Law for Missouri on
Q: What constitutional protections apply to the search of a prisoners cell?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

It depends upon the facts, none of which you gave. Basically, a person convicted of a felony does not have the same rights.

1 Answer | Asked in Constitutional Law for Missouri on
Q: I have not received my voter registration in the mail yet. It's been 3 yrs. now, what can I do about it?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 17, 2015

Go see the supervisor of elections in your county?

1 Answer | Asked in Constitutional Law for Missouri on
Q: Is it a hate crime if I have an ANTI union bumper Sticker on my car and it keeps getting vandalized by union thugs?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 17, 2015

Common sense goes a long way. Are you intentionally inviting the crime? Criminal mischief is the crime, probably. What big difference does it make if it is also a hate crime, which I do not believe it would fall under, without reading the specific statute.

1 Answer | Asked in Constitutional Law for Missouri on
Q: I would like to know if the new Missouri amendment 5 allows me to have my gun rights back. My understanding of it reads
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 8, 2015

Incomplete question here. Do an internet search for restoration of gun rights in Missouri.

1 Answer | Asked in Constitutional Law for Missouri on
Q: Are my Constitutional Rights being violated if someone is standing in the road, denying me the ability to drive away?

Is there a violation of my Constitutional Rights if a person or group of people block the road and I can no longer continue? They are there by choice and are blocking traffic by choice. Regardless of their reasons for doing so, I am asking about my personal rights. Is it unconstitutional for me to... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 5, 2015

The Constitution protects against Government intrusion. Perhaps you can sue for something else.

1 Answer | Asked in Constitutional Law for Missouri on
Q: Does the state of Missouri recognize a aconcealed carry permit from the state of Virgina?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 5, 2015

There is information on the internet about this, but it would be best to consult with an attorney MO. http://www.usacarry.com/concealed_carry_permit_reciprocity_maps.html

1 Answer | Asked in Constitutional Law for Missouri on
Q: I feel that the iris biometric scanner is against my beliefs I hold close to me, can I refuse this iris scanner?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 13, 2015

It depends upon the facts, and you gave none. This is new technology which would be used for identification purposes, just as fingerprint analysis can be done. But you will not win stating just that it is against your beliefs. There would have to be probable cause for a stop, and that might be what... View More

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