Missouri Criminal Law Questions & Answers

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

1 Answer | Asked in Criminal Law for Missouri on
Answered on Jan 14, 2019
Joseph Harvath's answer
They could be charged with a felony or a misdemeanor

Q: Bad check

1 Answer | Asked in Criminal Law for Missouri on
Answered on Jan 14, 2019
Joseph Harvath's answer
The class of felony is based on the date of the occurrence, not the date of the plea

Q: Hello need some advice please

1 Answer | Asked in Criminal Law for Missouri on
Answered on Jan 14, 2019
Joseph Harvath's answer
Only your hired attorney could answer your questions regarding the specifics of your case

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

1 Answer | Asked in Criminal Law and Domestic Violence for Missouri on
Answered on Jan 14, 2019
Joseph Harvath's answer
They could be. That decision is left to the discretion of the Prosecuting Attorney

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

1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on
Answered on Jan 14, 2019
Joseph Harvath's answer
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

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

1 Answer | Asked in Criminal Law for Missouri on
Answered on Jan 14, 2019
Joseph Harvath's answer
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

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.

1 Answer | Asked in Civil Rights and Criminal Law for Missouri on
Answered on Jan 14, 2019
Joseph Harvath's answer
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

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

1 Answer | Asked in Criminal Law for Missouri on
Answered on Jan 14, 2019
Joseph Harvath's answer
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.

Q: If an individual acquires property by fraud and the real owner was unable to locate or recover who is the true owner

1 Answer | Asked in Criminal Law, Real Estate Law and Stockbroker Fraud for Missouri on
Answered on Jan 9, 2019
Jennifer Sheila Kornblum's answer
If the son had the father's power of attorney, son had a fiduciary duty to act in father's best interest. Questions like this usually come down to what is provable in court and the credibility of the witnesses.

Q: If a 18 year old female fights a 17 year old what will happen? Will the 18yo be charged even with it being self defense

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Answered on Jan 5, 2019
Andrea Rogers' answer
You are both considered adults for court purposes. You would both probably be charged with assault unless there is some clear evidence that it was self-defense.

Q: Is it illegal when a minor doesn't do any kind of schoolwork, and the parent doesn't do much about it?

1 Answer | Asked in Criminal Law, Child Custody and Child Support for Missouri on
Answered on Jan 2, 2019
Lydia Seifner's answer
While parents not enforcing homework, is not illegal, or abusive; the rest of what you describe is abusive. Contact your local social services about the child's situation.

Q: I got probation violations and a warrant.. How can I avoid missing christmas with my kids

1 Answer | Asked in Criminal Law for Missouri on
Answered on Dec 5, 2018
Gary Kollin's answer
You will need an attorney. Instead of waiting you should retain one now

Q: I read the 20 page Appeal of criminal case on Justia. Is document of original case available to public in MO?

1 Answer | Asked in Criminal Law for Missouri on
Answered on Nov 29, 2018
Ronald J. Eisenberg's answer
You didn't specify what "document" and whether this was a federal or state case. For state cases, check Casenet. For federal cases, check Pacer.

Q: I am looking for Missouri State laws or documents that state jurisdiction of officers for counties.

1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on
Answered on Oct 31, 2018
Kristen Thurmond's answer
This is going to be very fact and location dependent. You will want to talk with local counsel who knows the local laws and rules to best understand the situation you experienced.

Q: Do all child molestation charges get you life in prison? Even if one isolated event and no priors?

1 Answer | Asked in Criminal Law for Missouri on
Answered on Oct 31, 2018
Kristen Thurmond's answer
The criminal code indicates a range of punishment for different classes of misdemeanors and felonies. In order to figure out the maximum and minimum jail time or penalties, you will need to look at the criminal code or talk to an attorney who can look into it for you based on what you are being charged with.

Q: Can the (or how can the) law investigate based on an internet search alone?

1 Answer | Asked in Criminal Law for Missouri on
Answered on Oct 4, 2018
Ronald J. Eisenberg's answer
Of course. Law enforcement may initiate an investigate if it believes a crime has been committed. The obtaining of a warrant is a separate issue.

Q: Can a trespassing second degree charge be dismissed if this is my first offense

1 Answer | Asked in Criminal Law for Missouri on
Answered on Sep 27, 2018
Andrea Rogers' answer
Yes, it's possible that if you hire an experienced criminal defense attorney to represent you, that attorney could negotiate a plea bargain deal to get your "Trespassing" charge dismissed or reduced to a less serious offense, such as "Littering."

Q: Can a ticket get thrown out due to contradictions with the charge?

1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on
Answered on Sep 25, 2018
Andrea Rogers' answer
Any error on the ticket can be corrected at any time. This does not sound like an error. This appears to be a situation in which the police officer wants the Prosecutor to know you were speeding 36-40 miles over but the cop gave you a break by issuing the ticket for only 30 miles over.

You can go to court and plead guilty on your own without an attorney, but I don't recommend that option. If you plead guilty, the judge will sentence you and jail time is definitely a possibility for...

Q: Is it shoplifting if someone conceals a item and then pays for it at the counter

1 Answer | Asked in Consumer Law, Criminal Law and Securities Law for Missouri on
Answered on Sep 9, 2018
T. J. Jesky's answer
When you friend first concealed the item in her purse, with "intent to deprive" the store of their merchandise, she committed a theft crime, specifically, larceny. Even though she changed her mind, and returned the item, the crime was committed, due to her intent.

As far as the altercation, the store exceeded their authority. A store can only hold the suspect for a reasonable time, while they call and wait for the police. They cannot use excessive force and beat her up. She should...

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