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Missouri Criminal Law Questions & Answers
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.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Federal Crimes for Missouri on
Q: If it's been 3-4 years without charging someone with a felony, what happens?

Felony drug possession

Caroline Bundy
Caroline Bundy answered on Jan 27, 2021

Under Missouri law, the period of limitation does not run: (1) During any time when the accused is absent from the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years; or (2) During any time when the accused is concealing... Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: If two people walk outside an establishment with the mutual intent to fight, can either be charged in criminal court?
Steve D. Hardin
Steve D. Hardin answered on Jan 21, 2021

Yes. Both have the intent to commit assault on the other. So both could be charged with assault. Dueling either by sword or fist is not legal.

1 Answer | Asked in Criminal Law for Missouri on
Q: Is it illegal in Missouri to have a gun in your car when you are on probation for aggravated assault?

The aggravated assault did not include the use of a gun.

Caroline Bundy
Caroline Bundy answered on Jan 6, 2021

Unless you were charged with fourth-degree assault in Missouri, the remaining charges for aggravated assault are felonies. Felons are not allowed to be in possession of firearms, so it would be illegal for you to own guns in general.

1 Answer | Asked in Criminal Law for Missouri on
Q: Can I sue the admin of the site I moderate?

I moderate a website on which minors are constantly harassed and sexualized. Myself and the other mods do our best to handle it when the issue arises, but the administrator is completely inactive and has neglected to give us the tools we need to properly deal with it. Do we have any basis on which... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 9, 2020

Absent a breach of contract, I don't see a legal basis for suing.

1 Answer | Asked in Criminal Law for Missouri on
Q: i got citation in mail disturbing the peace by text messaging,plus bottom line on front side was signed by officer legal
Steve D. Hardin
Steve D. Hardin answered on Dec 7, 2020

I am not certain what your question is exactly but yes they can send you a citation in the mail.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: Can a warrant be issued for your arrest for FTA while incarcerated in different county & were not transferred to court?

Will the warrant be dropped when going before a judge

Steve D. Hardin
Steve D. Hardin answered on Nov 19, 2020

Yes. In fact it what normally happens so a hold is created so that the accused is not released from the holding facility upon resolution of that case.

2 Answers | Asked in Criminal Law for Missouri on
Q: What is the statute of limitations on class d misdemeanor stealing in Missouri

My wife was charged last Dec. 12 for stealing less than $40 of merchandise from Walmart. She is not guilty and has already pleaded not guilty in municipal court. They have rescheduled several times, then transferred it to circuit court. She was due to appear in front of the new judge to enter a... Read more »

Andrea Rogers
Andrea Rogers answered on Nov 16, 2020

No, this case is not going to be dismissed because of statute of limitations. For misdemeanors, the Prosecutor has 1 year from the date of the incident to file charges. In this case, it sounds like the Prosecutor filed the charge well within the 1-year statute of limitations.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: Can u be charged with burglary in the 2nd degree if someone at wal mart steals that's with u
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 9, 2020

Of course you can be charged. Based on the post, I suspect that has happened. Whether someone ultimately gets convicted is another issue. Time to hire a criminal defense attorney.

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: What is the likelihood of a search warrant being suppressed in a federal case?
Steve D. Hardin
Steve D. Hardin answered on Oct 29, 2020

There is not enough information in your question to even hazard a guess. All cases are different and it would need to be reviewed by an experienced federal criminal defense attorney.

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