Missouri Criminal Law Questions & Answers

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

1 Answer | Asked in Criminal Law for Missouri on
Answered on Mar 18, 2019
Andrea Rogers' answer
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.

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

1 Answer | Asked in Criminal Law for Missouri on
Answered on Mar 14, 2019
Ronald J. Eisenberg's answer
Google "Missouri" and "Casenet," then do a docket search. I hope that helps you.

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

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Answered on Feb 26, 2019
Ronald J. Eisenberg's answer
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.

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

1 Answer | Asked in Criminal Law for Missouri on
Answered on Feb 2, 2019
Christopher Fink's answer
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. There are generally 3 outcomes with a suspended imposition of sentence probation...1) The Judge can continue you on probation under same terms and conditions or impose additional conditions, such as...

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.

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