Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Missouri Criminal Law Questions & Answers
1 Answer | Asked in DUI / DWI, Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: Can a felon (dui) own a modern muzzleloader in Missouri?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024

In Missouri, owning a modern muzzleloader can be complicated for someone with a felony DUI conviction. Generally, federal law prohibits felons from owning firearms, and this includes modern muzzleloaders that use inline ignition systems, as they are considered firearms under federal law.... View More

1 Answer | Asked in Civil Rights and Criminal Law for Missouri on
Q: Hello, What would be my next step if police used excessive force to enter my home with out knocking and announcing. ?

The warrent IS NOT a no knock warrent.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024

If the police used excessive force to enter your home without knocking and announcing, and the warrant was not a no-knock warrant, you have several steps you can take to address this violation of your rights. First, document everything that happened, including the date, time, and details of the... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Missouri on
Q: has anyone used the agreement of liberty privacy & levying war against the united states in a drug charge court case &

if so which one & mainly would like to read one of liberty & how do i find my past questions on this site

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

It sounds like you're inquiring about a very specific use of legal terms in relation to drug charges. The "agreement of liberty privacy & levying war against the United States" isn't a recognized legal term or standard charge in U.S. law. If you're referring to concepts... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I had a misdemeanor Sexual Misconduct conviction set aside in Missouri, how can I have Failure to Register removed also?

The judge said manifest injustice does not apply to felonies because there’s a 180 day time limit, but misdemeanors have no time frame which is why he was able to set aside the Sexual Misconduct conviction.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

I understand you're looking for information on how to have a Failure to Register charge removed after having a misdemeanor Sexual Misconduct conviction set aside in Missouri. Here are a few things to keep in mind:

1. Setting aside a conviction is different from having it expunged or...
View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on
Q: I was recently contacted by a police officer who stated that there was a accident at a store in my town and said that

Witnesses told him that it was me they seen leaving the accident, but I was not in the accident. I was actually signing my kids in school late that morning. At the time they say the accident occurred. They gave me three citations failure to register my motor vehicle failure to maintain insurance,... View More

Andrea Rogers
Andrea Rogers
answered on Apr 10, 2024

You can hire a traffic law attorney to represent you for your 3 tickets. You will need to provide proof of insurance, and proof that the damages have been paid for. Depending on which court this is being prosecuted in, how bad your driving record is, and much the damage to the victim's vehicle... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Missouri on
Q: Brendlin vs California

In the context that I am reading regarding police detainment for a traffic stop. Does that context apply to a commerical vehicle in which someone in a passenger seat or bunk of a commerical vehicle is detained when the basis of the stop wasn't because of an observed violation but merely a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2024

In Brendlin v. California, the Supreme Court held that passengers in a vehicle are seized just like drivers during a traffic stop, meaning they are entitled to challenge the legality of the stop. This principle applies regardless of the vehicle's nature, be it personal or commercial. So, if... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: If someone was on gps monitoring on a state charge of being a felon in possession of a gun but was completely compliant

And never missed a court date, and the feds picked it up, why would the federal prosecutor now want to keep him in jail for the same charge while awaiting trial? He has never missed court, never had a failure to appear and never ran before. He owns a business and home and has a family.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

In the legal system, decisions about pre-trial detention, especially in federal cases, can be complex and are influenced by various factors. When a case is picked up by federal prosecutors, the stakes are often considered higher, and the approach can be more stringent. Despite a person's... View More

1 Answer | Asked in Criminal Law and Family Law for Missouri on
Q: A family member gaslighting me for 7 yrs now. What can I do to stop this?

This person has attacked me by every means possible. Through dfs to aging to Falsified police reports. There are 23 reports to police from me on the attacks. It has gone to pushing door open on me and assaulting me and disabled member. Two evictions in three months. Yet police do nothing. What do I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2024

I'm so sorry you're going through this incredibly difficult and distressing situation with your family member. Being subjected to gaslighting, false allegations, and physical assaults over such a prolonged period must be absolutely traumatic and exhausting. You're wise to recognize... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: My boyfriends house got kicked in by the police and they found in a lock box 490 grams meth and they charged him with

Class A felony with excessive amount in mo . How low can that charge be dropped down to??

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2024

The severity of charges for drug possession, particularly with a substance like methamphetamine, depends on various factors, including the amount involved, the intended use (personal use vs. distribution), and any prior criminal history. In Missouri, a Class A felony for drug possession indicates a... View More

1 Answer | Asked in Criminal Law for Missouri on
Q: Can I pay and not go to court ? Trespassing 1stD. For being in Walmart parking asking for signatures (that is my work)

I Work collecting signatures for a campaign, was inside of Walmart parking lot was told by Walmart manager to get out of the parking lot, I walked out and the police came and arrested me when I was outside of the parking lot , bond is 1000 payed 100 and know I have to go to court on May .. Can you... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

In cases like yours, paying a bond and hoping to avoid court isn't usually a complete solution. The bond allows for your release until the court date but doesn't negate the need to appear in court. Not attending your court date can result in additional charges or a warrant for your... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: If I purchased a home with proceeds from drug dealing but put the property in someone else name can it be taken by dea?

I am not the person I just ran out of typing space but it's a family member of mine.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

If the property was purchased with proceeds from drug dealing, it could potentially be subject to seizure by the DEA or other law enforcement agencies. Even if the property is in someone else's name, law enforcement may still be able to pursue forfeiture proceedings if they can demonstrate... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: Is it illegal to point a weapon at a federal agent?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

Pointing a weapon at a federal agent is indeed illegal and is considered a serious federal offense. This action can be charged under various statutes, including assault on a federal officer and aggravated assault. The severity of the charge can depend on the circumstances, including whether the... View More

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Missouri on
Q: Sue for a scam/ fraud?s

Sue for a scam/ fraud?

Hello, I had a question august 23rd/24th 2018 I sent money using cash with Western union and I was wondering if I could still sue the scammer cause i know all the deatails they do not live in the same state unfourtnalty but he does live in the US.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

In cases involving scams or fraud, the possibility of legal action depends on several factors, including the statute of limitations, which varies by state and the type of fraud committed. Considering the incident occurred in August 2018, you should promptly check the specific statute of limitations... View More

1 Answer | Asked in Criminal Law for Missouri on
Q: What does this mean on someone's docket ( Appearance FiledEntry of Appearance; Electronic Filing Certificate of Service
Andrea Rogers
Andrea Rogers
answered on Jan 5, 2024

This means that your attorney has filed their "Entry of Appearance" with the court, to notify the court that they are representing you. All future communications from the court will be sent to your attorney via eNotices through Casenet.

1 Answer | Asked in Criminal Law for Missouri on
Q: Took plea of 5-10 yrs in Oct 2021 but left state and been on run ever since...what will happen if and when they find me
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

If you took a plea deal for 5-10 years in October 2021 but left the state and have been on the run, several consequences may occur if authorities find you. Firstly, your failure to appear may result in the issuance of a warrant for your arrest. Once apprehended, you could face additional charges... View More

2 Answers | Asked in Constitutional Law and Criminal Law for Missouri on
Q: Do you represent a client that a has a case for officers violating their oath to up hold the constitutional?

I refused to ID myself. Arrested for illegal dumping. All I did was pull over and throw away the little bit of gas station at the hotel parking lot by a highway. Cleaned my car out checked the oil and there was a cop standing behind. I refused to provide my id. I have the video I can email a copy... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023

It's important to understand that while you have the right to refuse to provide identification in certain situations, there are circumstances where this can lead to legal complications. In your case, being arrested for illegal dumping suggests that the officers believed you were committing a... View More

View More Answers

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Missouri on
Q: I was a inmate in custody being transported to Missouri from Michigan . Was in a accident in Kentucky

Was thrown against the cage while shackled . never was given option to go get checked out was told had to sign papers or no one would eat

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2023

In your situation, where you were injured while being transported as an inmate, you may have legal rights that need to be addressed. The circumstances you described, particularly being denied medical attention and being coerced to sign papers under duress, raise serious concerns.

Firstly,...
View More

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: it is a tax that makes drugs illegal correct

as we are free people & are able to have a any drug as it is our right if we retain it & the right to be free because we are slaves or we are free jfk said to keep searching without a warrant was dangerous reason is because it would be proof of the invasion that is taking place against our... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2023

The legality of drugs is not primarily a matter of taxation, but rather it's governed by various laws and regulations that classify certain substances as illegal. These laws are in place to regulate the manufacture, distribution, possession, and use of these substances. The classification of a... View More

2 Answers | Asked in Car Accidents, Wrongful Death, Personal Injury and Criminal Law for Missouri on
Q: She ran a red light and a motorcycle hit side of her car and died. Her fault, what charges should she face?

He was on a motorcycle goin estimate 15 mph over speed limit. Woman ran red light and he hit the side of her car and it killed him. She has 5 previous dwi's, 3+ driving on suspended/revoked and was driving on suspended/revoked when she killed him. I don't think she had insurance.... View More

Melissa  Webb
Melissa Webb
answered on Nov 13, 2023

The criminal charges, if any, will be at the discretion of the Prosecuting Attorney. It takes time for them to file the charges because they have to gather evidence and determine the appropriate charge(s) to ensure conviction. The family will likely be contacted to provide a victim impact statement... View More

View More Answers

1 Answer | Asked in Criminal Law for Missouri on
Q: First ever possession charge and I'm told I'm being indited now

I got a possession charge for the first time ever and I'm 48 even tho it wasn't mine I still got charged.. it is no longer on Casenet so I called the public defender and never got a response finally a got a call telling me that I've been indited.. I have no idea what's going on

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

An indictment is a formal accusation that is made by a grand jury. If you have been indicted, it means that the grand jury has found that there is probable cause to believe that you committed a crime. This does not mean that you are guilty of the crime, but it does mean that you will have to go to... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.