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Missouri Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Missouri on
Q: How can someones information disappear of mo case net.
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 12, 2021

The court has the ability to raise the security level as to docket information so that it is not publically accessible on Casenet, but that occuring is the rare exception rather than the rule.

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A...
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1 Answer | Asked in Criminal Law for Missouri on
Q: How can someones information disappear of mo case net.
Steve D. Hardin
Steve D. Hardin answered on Apr 6, 2021

Several ways.

1. A dismissed criminal case does not appear on regular searches.

2. A not guilty verdict on a criminal case does not appear on regular searches.

3. If they received an SIS it would also be a closed record.

1 Answer | Asked in Criminal Law and Civil Rights for Missouri on
Q: Can my case be changed?

In 2009 I was charged for sexual misconduct which I received a class d felony. It should have been a class b misdomeaner.

Caroline Bundy
Caroline Bundy answered on Apr 1, 2021

See about reaching out to the court to see if it was a clerical issue. If not, I would speak with an attorney about your case.

1 Answer | Asked in Criminal Law for Missouri on
Q: Can you be charged or summoned to court g or possession of a controlled sub. N a motel but u was not there? Missouri

A friend and myself rented a motel room n Missouri for the night, I was only there a few hours anyway the next day the motel cleaning lady came n the room my friend nor I was there but my friends vehicle was still there, anyways the cleaning lady came n the room and supposidly found some kind of... Read more »

Caroline Bundy
Caroline Bundy answered on Apr 1, 2021

See if you qualify for a public defender or speak to a criminal defense attorney to speak about your case.

1 Answer | Asked in Criminal Law for Missouri on
Q: Do I stand a chance

Charged with accessory to forgery and counterfeiting in MO. When taken to jail, passenger had forged gift cards in shoe( found upon dress out at jail) . That person pled guilty and went to prison. While in prison wrote an afadavit stating I knew nothing about it and was not present when cards were... Read more »

Caroline Bundy
Caroline Bundy answered on Apr 1, 2021

It would be best to speak with your attorney on the matter and if you don't have one, I would suggest getting one as soon as possible. That affidavit helps, but it's unlikely to resolve the entire case against you.

1 Answer | Asked in Criminal Law for Missouri on
Q: What exactly is DEVIATE SEXUAL ASSAULT 1ST DEG in Missouri?

When I look it up I'm only finding DEVIATE SEXUAL INTERCOURSE. Are they the same?

Caroline Bundy
Caroline Bundy answered on Apr 1, 2021

Does the indictment state the statute? I would look up the statute, not the title.

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: how can I check to make sure attorney filed for discovery and asked for particular documents?

public defender, has little to no motivation to build a feasible defense

Caroline Bundy
Caroline Bundy answered on Apr 1, 2021

If you know your Missouri case number, you should be able to see it on CaseNet. Otherwise, ask for it from your attorney.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Litigation and Civil Rights for Missouri on
Q: Me and my boyfriend got pulled over for having a tail light out and for some reason the officers scheduled the car

For drugs and there was some Marijuana found but I did not know about any of it now I am being charged with a class D felony and two misdemeanors, what do I do, how can I get these charges dropped?

Caroline Bundy
Caroline Bundy answered on Apr 1, 2021

See if you qualify for a public defender and/or speak with a criminal defense attorney.

1 Answer | Asked in Criminal Law for Missouri on
Q: Is it legal for my public defender to refuse to give me legal advice on my case or to discuss the trial strategy

Lawyer said she cannot give me legal advice on my case she advised me to ask someone who was not a lawyer for my legal advice

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 30, 2021

That's a very strange post. Were you asking your public defender for advice on another matter? It makes no sense that your criminal defense attorney would tell you to seek legal advice on your criminal case from a non-lawyer.

Regardless, the issue is not whether it is...
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1 Answer | Asked in Criminal Law for Missouri on
Q: Punishment fixed as follows: Count 2: 14 years MODOC, Count 8: 10 years MODOC, CC Allocution, How long to serve?

My husbands son was judged as above in Missouri, so how long will he actually have to serve? Does that mean that he will serve them together or separate terms?

Steve D. Hardin
Steve D. Hardin answered on Mar 17, 2021

How long he actually serves is up to the Missouri Parole Board. It depends on what exactly he was convicted of as some sentences have mandatory minimums, as well as any prior remands to prison, and his behavior in prison. Ultimately we can't give you a good answer as it depends on details we... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Missouri on
Q: Can you still be served a warrent after being released from jail?

Husband spent 24 hours in jail amd was released with a warrent given. Two weeks later he has a warrent, is this legal??

Steve D. Hardin
Steve D. Hardin answered on Feb 25, 2021

Yes. They can release you from jail and serve a new warrant or even one they forgot to serve previously. In fact people are often released from jail after 24 hours pending application for a warrant. Your husband needs a criminal defense attorney.

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Missouri on
Q: What do i do if the prosecutor of my case has lost my firearm and it's legal and in my name and has no charges
Caroline Bundy
Caroline Bundy answered on Feb 22, 2021

The prosecutor does not retain custody of people's belongings, but regardless I would speak to a criminal attorney to better help you with your question.

1 Answer | Asked in Child Support and Criminal Law for Missouri on
Q: I had a SIS over 7 years ago for Child Support. How do I get this removed from my background check.

It shows up as "pleading guilty of a felony" it's preventing me from getting back my CCW which I had before after the SIS. I am trying to start a P.I. business and need this resolved. I served my country and still working for federal govt for totaling 32 years and hold a Top Secret... Read more »

Caroline Bundy
Caroline Bundy answered on Feb 22, 2021

You can seek expungement, depending on the greater specifics of your history.

1 Answer | Asked in Criminal Law for Missouri on
Q: My last felony conviction was in 1978 breaking and entering stealing looking to get my guns rights back

gun rights

Caroline Bundy
Caroline Bundy answered on Feb 22, 2021

You can seek expungement of your convictions and try to move forward with having those rights restored.

2 Answers | Asked in Criminal Law for Missouri on
Q: I need to remove a felony charge that should of been charged as a misdemeanor
Caroline Bundy
Caroline Bundy answered on Feb 14, 2021

I would need to know more about your case. You could either seek expungement or need to reach out to the court clerk about the error.

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1 Answer | Asked in Criminal Law and Constitutional Law for Missouri on
Q: Can a judge make u get a lawyer when I waited right and informed I was coming Pro se for a D felony

Resulted from an illegal search and seizure...he conducted search after he told us we were free 2 go

Caroline Bundy
Caroline Bundy answered on Feb 11, 2021

The judge can advise you that proceeding without an attorney may not be the best when faced with a felony charge. In order for you to proceed pro se, the judge has to make sure that you fully understand certain things prior to actually representing yourself and that you have the capacity to proceed... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Missouri on
Q: Is there any pro bono lawyers near me for a civil rights violation received while attending criminal court?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 2, 2021

In general it is tough to find pro bono representation because you are asking a stranger to donate thousands of dollars of his or her time to your case. Therefore, you’ll need to be more specific if you want to catch someone’s attention.

In Section 1983 civil rights cases, prevailing...
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1 Answer | Asked in Criminal Law for Missouri on
Q: How long is the statue of limitations on hate crimes I do have a disability I have ms and I was bet for it

And the relationship I was in the let there brother di it to me knowing my problems and I think it caused me to have more issues with walking.i called the troy Missouri police but they liked what was done to me

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 2, 2021

Your post is hard to follow. Perhaps rewrite it or have someone help you repost.

I’m not sure if this statute will help you.

https://revisor.mo.gov/main/OneSection.aspx?section=556.036

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Missouri on
Q: Can a felon carry a legally registered firearm in Missouri when in a state of emergency?

Asking about a friend but curious because when said friend was detained by police and arrested, his firma complicated but he's also a felon so he doesn't know if he's being charged.

Caroline Bundy
Caroline Bundy answered on Jan 27, 2021

No, felons cannot have firearms.

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: What are the penalties of violating 311.325 as a minor?

Recently got a charge/ticket for violating 311.325 and was wondering what the penalties are for violating and if it’s a mip charge?

Caroline Bundy
Caroline Bundy answered on Jan 27, 2021

A first violation is a class D misdemeanor.

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