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Missouri Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law and Civil Rights for Missouri on

Q: My name is on nothing at this house and I'll give permission for the police to search it . They find and take clothing

They said that someone seen me breaking in something but they didn't use that video they used a video from the gas station show my clothes from that video that was wearing in that video are they allowed to do that without a warrant and without me telling they can take them

Gary Kollin answered on Jun 1, 2019

Your question makes no sense. Parse it. It is a singke run-on. Write single sentences beginning with a caoutal letter and ending with a punctuation mark.

1 Answer | Asked in Traffic Tickets and Criminal Law for Missouri on

Q: Our son went to court for a littering ticket he pled guilty the judge accessed 104 dollars in court costs 1 year

Supervised probation and 1 year unsupervised probation and having to pay private probation 50 a month is this not to harsh since the judge usually just assesses fines especially since it his first offense on anything. And someone that has been in and out of court for various criminal charges gets... Read more »

Gary Kollin answered on May 22, 2019

And what is the question? Was it littering or loitering?

1 Answer | Asked in Criminal Law for Missouri on

Q: At what speed does the Missouri highway patrol have to stop persuit

And knowing there are minors in the car

Ronald J. Eisenberg answered on May 2, 2019

I'm not aware of any statute that would require an officer to stop pursuit at a certain speed.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Missouri on

Q: What are some ways to list grounds on a habeas corpus writ to make it stand out?

I have heard that for a habeas corpus writ 2254 you have to list grounds in a way that it stands out to the judge for them to even pay attention to it what does this mean and how do I do this?

Ronald J. Eisenberg answered on May 2, 2019

There's no simple answer other than that most habeas petitions get denied and you'll increase your chances of success by hiring an experienced attorney with habeas experience to represent you.

1 Answer | Asked in Legal Malpractice, Criminal Law and Civil Rights for Missouri on

Q: About how long does the state have to complete the entire court process legally?

Been Waiting 6 months for the prosecution to provide the test results proving possession of an illegal substance. Still no word and waiting 6 months for new judge to replace the old one

Andrea Rogers answered on May 1, 2019

The Prosecutor has up to 1 year from the date of the incident to file charges, if it's a misdemeanor such as marijuana possession. It can take several months to receive the lab test results confirming the identification of the illegal substance.

1 Answer | Asked in Criminal Law for Missouri on

Q: Im wanting to get felony charges expunged/sealed so i can join military and persue a career in criminal justice.

Felony SES of assault, resisting, buglary, fraudulant use of debit/credit device. Its been seven years.

Ronald J. Eisenberg answered on Apr 14, 2019

Here's a thorough article on the new expungment law in Missouri.

http://missourilawyershelp.org/understanding-missouris-new-expungement-law/

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Missouri on

Q: My husband is serving 15 years for a crime he did not commit what can I do?

My husband pled guilty to a crime in 2012 that he was not guilty of he She in fact was being shot in air lifted across She in fact was being shot in air lifted across town at a different address at the time of the burglary but his lawyer led him to believe that because he was on the person's... Read more »

Ronald J. Eisenberg answered on Apr 14, 2019

It sounds like you recognize that the appeal deadline has passed. Most likely, the judgment is final and cannot be appealed, but I encourage you to sit down with a good appellate criminal defense attorney, even if you need to pay for the consult, in order to get a fact-based assessment of the... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Missouri on

Q: What's the punishment of a 4th degree domestic assault without a lawyer?

Gary Kollin answered on Mar 27, 2019

Although I am not a lawyer in Missouri, the possible punishment for the crime is the same whether you have a lawyer or not

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1 Answer | Asked in Criminal Law for Missouri on

Q: can the prosecutor nolle prosequi a case with no reason and reissue when they want

case was nolle prosequi the case was wiped out the system then they was reissued no clear reason why they was dropped are reissued can they do this with no answer on when where and how this case was done this way they have a new case number and all on the case if you go into the lawyer database you... Read more »

Andrea Rogers answered on Mar 18, 2019

Yes, the Prosecutor can nolle (dismiss) a case and re-file new charges later and they don't have to explain why they nolle'd it.

1 Answer | Asked in Criminal Law for Missouri on

Q: I messed my court date i called in i need to find out if i got a new date

No

Ronald J. Eisenberg answered on Mar 14, 2019

Google "Missouri" and "Casenet," then do a docket search. I hope that helps you.

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on

Q: do you believe the criminal justice is subjective or objective?

i am working on a argumentative paper arguing the side that criminal justice is subjective if you could tell me your opinion. i also am using robbery as my crime

Ronald J. Eisenberg answered on Feb 26, 2019

Your post is unanswerable. Whether criminal justice is objective or subjective would necessitate a more specific question. Some determinations are subjective (whether to find a witness's testimony to be credible), whereas other determination are objective.

1 Answer | Asked in Criminal Law for Missouri on

Q: What is the most common outcome of a misdemeanor probation revocation hearing for 1st violation

I have attempted to reach my po several times to reschedule appt and have not received any calls from her yet I was arrested today and had to bond out

Christopher Fink answered on Feb 2, 2019

It depends on the violation and the Judge. For example, if someone on probation violates for the same offense that put that person on probation, then the Court is likely to look at it more harshly. Some Judges have a zero tolerance policy, but others may allow a defendant to remain on probation.... Read more »

1 Answer | Asked in Criminal Law for Missouri on

Q: Missouri charge for tampering with a motor vehicle & resisting or evading arrest?

Individual was intoxicated & got into the wrong vehicle & ran on foot from police & resisted arrest

Joseph Harvath answered on Jan 14, 2019

They could be charged with a felony or a misdemeanor

1 Answer | Asked in Criminal Law for Missouri on

Q: Bad check

Bad check charge filed in 2015 for class c felong well new revised statues took affect January 1 2017 which made it a class e felony and i took my plea in feburary of 2017 so should i be charged with a class c felony or a class e felony

Joseph Harvath answered on Jan 14, 2019

The class of felony is based on the date of the occurrence, not the date of the plea

1 Answer | Asked in Criminal Law for Missouri on

Q: Hello need some advice please

I have an 18 year old son who is in alot of trouble. I have hired an attorney to rep him in the matters in volved. He the attorney went to St.louis for us couple weeks ago and when i asked how everything went he said he will get one case dropped . I then spoke to him today he told me the judge... Read more »

Joseph Harvath answered on Jan 14, 2019

Only your hired attorney could answer your questions regarding the specifics of your case

1 Answer | Asked in Criminal Law and Domestic Violence for Missouri on

Q: If a 16 year old hit an adult with a metal baseball bat forcefully, will they get charged as an adult? It's Not 1st time

16 year old previously has been charged for assault on the same adult (me). 16 year old is my boyfriends daughter . She has assaulted me a total of 9 times but only charged twice. This time it is assault with deadly weapon. Wat will happen to her ?

Joseph Harvath answered on Jan 14, 2019

They could be. That decision is left to the discretion of the Prosecuting Attorney

1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on

Q: a warrant just pooped up for fireworks that happened july 5th I was supposed to go to court on august 28th but got put

on house arrest the same day and couldn't make it to the court date so today is January 3rd 2019 and I'm at the transition center downtown st louis and I been here for 3 months so why the warrant just now popping up?

Joseph Harvath answered on Jan 14, 2019

Police have to send their request for the ticket, summons, or criminal charge to the Prosecutor for review. The prosecutor then determines whether the charges will be filed. For misdemeanor cases, they have up to 1 year to file the charges

1 Answer | Asked in Criminal Law for Missouri on

Q: what can I do about false charges coming back on a state ran background check?

in 2013 I was pulled over in a McDonald's parking lot for a drunk person in my backseat. The police did field sobriety tests and told me that they didn't have any breathalyzers on hand and that they would be taking me to the county jail house to do a breathalyzer there. we got there and were told... Read more »

Joseph Harvath answered on Jan 14, 2019

You could talk to an attorney about filing a petition for expungement of your arrest record and looking into your eligibility for such an expungement

1 Answer | Asked in Civil Rights and Criminal Law for Missouri on

Q: what kind of lawyer would I need to look for? My exboyfriend was involved in a case where he had the police call on him.

he was attacked by the k9 dogs the dogs were told to heel but they kept attacking. He is wanting to file case against them but will need a pro bono attorney

Joseph Harvath answered on Jan 14, 2019

You would want to talk to a Civil Rights Attorney about filing a lawsuit. And a criminal defense attorney if he was charged with a crime or given a summons for court

1 Answer | Asked in Criminal Law for Missouri on

Q: What is the penalty for killing a CO off duty in Missouri and first degree robbery. He is 16 and charged as an adult

Joseph Harvath answered on Jan 14, 2019

Murder in the first degree is punishable by the death penalty or life imprisonment without the possibility of parole.

Exception: Defendants who commit any murder before they are 18 years old can't be sentenced to death.

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