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Missouri Criminal Law Questions & Answers
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.”...
Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: I have 2 class d felonies domestic assault and endangering the welfare of child first degree -first offense.

How much time or if anytime do you think I’m looking at?

Steve D. Hardin
Steve D. Hardin answered on Sep 28, 2020

To give an educated answer would require a through review of the case against you, your criminal history, and a discussion with you. In other words this is a question you need to ask your criminal defense attorney after thoroughly discussing the case with them.

1 Answer | Asked in Criminal Law for Missouri on
Q: a sheriff left a note on my door saying that they need to speak with me and they want me to call this #, do I have to?!

I just don’t really trust law enforcement very much

Specially in these days and times

Steve D. Hardin
Steve D. Hardin answered on Sep 25, 2020

You absolutely do not have to speak to them. You have the right to remain silent. If the police seek to speak to you might invoke your right to remain silent by saying the magic words. "I want a lawyer." Then shut up do not discuss anything as anything you say to them will be used against you.

1 Answer | Asked in Criminal Law and Juvenile Law for Missouri on
Q: My son is being accused of touching inappropriately his cousin, this supposedly happened 10-11 yrs ago at 10&14 yrs old
Steve D. Hardin
Steve D. Hardin answered on Sep 3, 2020

Your son needs to speak to a criminal defense attorney immediately. He should not speak to anyone other than his attorney or one that he is seeking to hire about this. Anything he says to anyone else may be used against him.

1 Answer | Asked in Contracts, Criminal Law, Family Law and Personal Injury for Missouri on
Q: can i sue a dr for not prescribing my son meds??

I have been in and out of Dr. offices, psychiatrist's, and Counsiling appointments since I was 12 years old, taken from my mother for child abuse and neglect. I was taken to a boy's and girl's home called The Noyes Home in St. Joseph, MO: I have been on meds every since. I have been... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 31, 2020

It’s not a lawsuit unless you sue and have a case number. I don’t think that it will be worth your spending thousands of dollars to sue and doubt that any attorney will represent you on a contingency basis because your damages are not easily quantifiable. Plus, you are entitled to go see a... Read more »

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... Read 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... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: Is armed criminal action a worse charge than unlawful use of a deadly weapon

My husband was murdered and the person who committed the crime was first charged with 2nd degree murder and unlawful use of a deadly weapon. Now the unlawful use of a deadly weapon is changed to armed criminal action and 2nd degree murder Which is worse? Armed criminal action or unlawful use of a... Read more »

Rico Robinson
Rico Robinson answered on Aug 10, 2020

First and foremost, sorry for your loss. That is a terrible thing to go through. Every situation is different, but typically a person who is convicted of armed criminal action in Missouri may have to serve a prison sentence of at least three years. On the other hand, an unlawful use of a weapon... Read more »

1 Answer | Asked in Consumer Law, Criminal Law and Business Law for Missouri on
Q: Ive got a case against me for deceptive business practices.

My fathet and i ran a small busineas together where we dealt with many clients sending us (animals they harvested) in return we taxidermied them and sent them back to them.if i told a client their animal was done and ready to ship back, they sent us a check, i in return told them we would ship... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 29, 2020

I don’t know what you mean about the state trying to charge you. It either has or hasn’t charged you. If the latter then you should hire an attorney to defend the lawsuit. It would be the state’s burden to establish culpability on your end.

1 Answer | Asked in Criminal Law, Civil Litigation and Construction Law for Missouri on
Q: Would a County Prosecutor be the person to approach about a case of fraud?

A Contractor I hired to remodel my home merely covered ceilings with new drywall rather than removing damaged, molded tiles, insulation, & wood. He did the same with plywood on the floors. This was unknown to me until after I fired him & hired a new Contractor. The floors are now COVERED... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 2, 2020

You could contact the Missouri Attorney General's office. If work was done poorly, as opposed to your money being taken and no work done, unfortunately that office is unlikely to go after the contractor on your behalf. You'd need to hire your own attorney to sue but before doing so you... Read more »

1 Answer | Asked in Criminal Law and Libel & Slander for Missouri on
Q: Someone has claimed that I specifically have assaulted a woman in Walmart on Monday, 18th of May, 2020, around 6pm.

I know I didn’t do it.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 21, 2020

You didn't ask a legal question but if you are wondering what to do you could contact a local criminal defense attorney if you thing there will be charges against you.

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Libel & Slander for Missouri on
Q: Can you be found guilty of a CRIME in a civil case?? And if so,Why would I NOT be allowed to sue for perjury??

I was told that only the prosecutor can pursue the person who sued me in civil case and lied under oath, because perjury is a crime.

If that is true, how can I be sued for a CRIME, if not by the PROSECUTOR, in CRIMINAL Court????

Ok. To try to be clearer.... OJ Simpson was tried for... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 11, 2020

I’m not following your post. Perjury is a crime and you seem to understand that a prosecutor prosecutes criminal cases. Some acts can be pursued both civilly and criminally. Think OJ Simpson.

1 Answer | Asked in Criminal Law for Missouri on
Q: What's the law on writing a statement on yourself while under the influence of meth?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

I'm not sure what you mean by "a statement on yourself."

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: Is it illegal for a 28 year old man to date a 18 year old girl?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

No. The 18-year-old is not a girl but rather a woman.

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Missouri on
Q: Can a criminal intelligence investigator tell me that they have a investigation on me and that they have built a case?

He also said he was investigating me for 22 days and built a case and closed my file and is turning it in to the PA and that charges will be filed.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

What's a "criminal intelligence investigator"? Make sure this isn't a scam.

1 Answer | Asked in Criminal Law for Missouri on
Q: Can I record a phone conversation in missouri and it be permissible in court?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

It could depend on who was on the other end and if that person is a party to the suit and whether you provide that it is authentic and whether you overcome any hearsay objection.

1 Answer | Asked in Criminal Law and Probate for Missouri on
Q: What is the best way to get my sons car that was TOD in his name from someone who has it and has forged the title?

My sons dad passed away leaving his car to our son, naming our son TOD on title. The car not only was not returned to him but later,forged the title. I can't afford a lawyer. What else can I do?

Nina Whitehurst
Nina Whitehurst answered on Nov 9, 2019

Start by taking your son and the paperwork that you have to your local motor vehicle department and explain the situation to them. Also file a police report for auto theft.

1 Answer | Asked in Car Accidents and Criminal Law for Missouri on
Q: Whos fault is it if say in a accident minor no injuries but we both left the seen say I didn't have a license ok

Officer came to my house arrested me 2 hour later but no one took my statement just hers

Gary Kollin
Gary Kollin answered on Nov 2, 2019

Try writing in complete individual sentences ensuring that correct spelling is used. That way you inquiry can be fully and completely understood. No run ons

1 Answer | Asked in Criminal Law for Missouri on
Q: My nephew was given a ticket for public intoxication. He was at work and the police officer let him finish his shift?

Does he have a case for not guilty. He had at least 6 more hours of his shift left. He works by himself.

Gary Kollin
Gary Kollin answered on Oct 27, 2019

Only an attorney with complete knowledge of the incident which would include a review of the police reports, an interview of your nephew and review of the law can answer that question

1 Answer | Asked in Criminal Law for Missouri on
Q: I took a plea deal of probation with a 12 year back up on 1st degree child abuse, minimal prison time, first time down.
Gary Kollin
Gary Kollin answered on Oct 27, 2019

Thank you for sharing. No question

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