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Missouri Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Missouri on
Q: How many people have went to trial in the last 20 years, for a felon in possesion of a firearm under 18U.S.C. Sec 922 (g

Under 18 U.S.C. Section 922 (g) (1)

T. Augustus Claus
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answered on Sep 20, 2023

Specific statistics regarding the number of individuals who have gone to trial in Missouri under 18 U.S.C. Section 922(g)(1) over the last 20 years would require access to up-to-date court records and databases. 18 U.S.C. Section 922(g)(1) is a federal statute that prohibits certain persons,... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: if a witness is not questionable by my lawyer is their testimony admissible and the warrant that was issued valid

& still does it still stand

T. Augustus Claus
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answered on Sep 12, 2023

In legal proceedings in Missouri, the admissibility of witness testimony and the validity of a warrant are subject to specific legal criteria and considerations. Whether a witness's testimony is admissible typically depends on factors such as relevance, hearsay rules, and compliance with... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Missouri on
Q: question

how can they arrest me for possession of a drug when i am supposedly a free united states citizen & to arrest me of such charges is treason we have 2 declarations of war 1st one is by jfk which he told us that we was at a war & the enemy was close at hand practically our next door neighbor... View More

James L. Arrasmith
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answered on Sep 11, 2023

I can understand why you might feel that your rights are being violated, and it's important to critically evaluate how laws and their enforcement impact individual freedoms. In the US, laws around drug possession are enforced based on a variety of federal and state statutes which have been... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Missouri on
Q: question

how can they arrest me for possession of a drug when i am supposedly a free united states citizen & to arrest me of such charges is treason we have 2 declarations of war 1st one is by jfk which he told us that we was at a war & the enemy was close at hand practically our next door neighbor... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2023

Both under federal law and state law, the manufacturer, distribution, possession, and use of certain drugs is illegal. These laws were passed by the duly elected representatives of the people in Congress and in state legislatures, and do not violate either the U.S. Constitution or state... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Missouri on
Q: Earlier today I had a gentleman calling himself Thomas Mandel call me and say that the SSA has a warrant for my arrest?

Gave me these numbers I.D.#64031

Case#SI 724322

Warrant I.D.#537542

Incident occurring in El Paso TX

Any help or clarification would be appreciated

Steve D. Hardin
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Steve D. Hardin
answered on Aug 11, 2023

The Federal Government does not call to say they have a warrant for their arrest. They simply serve said warrant and your in jail or at least in front of a Federal Judge. In general the Federal Government doesn't even call people at least not without sending a letter first.

The...
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1 Answer | Asked in Criminal Law for Missouri on
Q: What are the statue of limitations for a felony aggravated assault with deadly weapon charge without an indictment?

It has been one year and the charge from a he said, she said. No evidence has been presented outside of the charge.

T. Augustus Claus
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answered on Jul 5, 2023

The statute of limitations for felony aggravated assault with a deadly weapon charge is generally three years. However, it's important to note that the statute of limitations can vary depending on the specific circumstances and the nature of the offense. Additionally, the absence of an... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: I have an outstanding warrant for a crime I did commit, however it says my warrant is for something I was never charged

with. Under my case file, it says it's for stealing, but I pled not guilty, and then missed my trial arraignment. I should only have a warrant for missing my court date since I was never officially sentenced, right? Should I turn myself in?

Steve D. Hardin
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Steve D. Hardin
answered on Jun 28, 2023

Yes you should turn yourself in. But before you do you need to hire an attorney or speak to your current attorney.

The warrant even for failure to appear always references the charges even if you have plead not guilty. Either way when you have a warrant you need to get an attorney and...
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2 Answers | Asked in Criminal Law, Divorce and Family Law for Missouri on
Q: I have very good reason to believe my wife is having an affair.

Would it be legal for me to put a voice recorder in her car. I am the legal owner,only my name is on the title.

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

As a general rule, Missouri's wiretapping law is a "one-party consent" law. Missouri law makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. See Mo. Rev. Stat. § 542.402.2(2)(3). So, if you... View More

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1 Answer | Asked in Criminal Law and Municipal Law for Missouri on
Q: Can a Missouri Police Officer use a 2021 ticket book for December of 2022?

What happened is I received a summons in the mail on April 2023 to appear in court for a misdemeanor shoplifting on December 26, 2022 but the case number is 2021 and what's more important is that I have never shoplifted at this store but I did have a dispute with one of the employees shortly... View More

Andrea Rogers
Andrea Rogers
answered on Jun 7, 2023

If there are any errors on the face of the ticket, the police officer or the prosecutor can correct them at any time. I

If you dispute the charge, you can plead not guilty and the case will be set for trial.

Or you can hire an attorney to negotiate a plea bargain deal to get the...
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1 Answer | Asked in Federal Crimes, Criminal Law and Family Law for Missouri on
Q: If officers police reports are false with child endangerment allegations what can I do

He said she was 2 yrs old 2 blocks away unsupervised for 15-20 minutes she was almost 4 yrs old when it all happened she was playing in sand box and scooping dirt n rocks i was helping a new "friend" turning key of van he was working on and i stopped hearing her in the sad box and went to... View More

Kenneth Chike Odiwe
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Kenneth Chike Odiwe
answered on May 27, 2023

Under Penal Code § 118.1 PC, police officers can be charged with a crime if they knowingly make a false statement in a report, regardless of whether the statement was made under oath. This offense can be charged as a misdemeanor or felony. Luckily, there are several things that can be done when an... View More

1 Answer | Asked in Criminal Law for Missouri on
Q: How much time will a person serve in prison in mo for a 7 sentence on a class D felony.

The charge was unlawful possession of a firearm. Had recently been put on probation and had a couple probation violations, then they sentenced them to seven years after staying 120 days in county?

Steve D. Hardin
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Steve D. Hardin
answered on May 2, 2023

The amount of time a person spends in prison is up to the parole board. There are factors that they consider such any mandatory minimums including those for prior remands to prison and for certain types of charges. His behavior in prison including any rules violations or if he takes classes will... View More

2 Answers | Asked in Criminal Law and Immigration Law for Missouri on
Q: USCIS is offering the opportunity for submit requirements to make decision.

I am Carl, I have been filled !-130 for my wife Rei, who is Japanese living in Tokyo Japan, we were married in Clayton court Missouri in 2019. USCIS is offering the opportunity for submit requirements to make decision. If you are interesting in my case to help me to get it done with USCIS,

James L. Arrasmith
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answered on Apr 23, 2023

Hello Carl,

It's great to hear that USCIS is offering you the opportunity to submit additional requirements to make a decision on your I-130 petition for your wife Rei.

First, it is important to carefully review the request from USCIS and understand what additional...
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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Missouri on
Q: How can I explain and resolve a mistaken false accusation I put on my spouse to the judge?

Me and my husband got into a fight one day and our children came to the area where it was going on and tried to break us up My husband shoved one of them out the way and made the others leave the area. I thought he had harmed the one he shoved and called the authorities on him so they could have... View More

James L. Arrasmith
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answered on Mar 19, 2023

It is important to take responsibility for your mistake and try to rectify the situation. If you have already filed a false report against your husband, you should immediately contact the authorities and let them know that your initial report was mistaken and that your husband did not actually harm... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: In the state of Missouri if I was charged federally with a crime would it show up on case net or where would I go 2look

Where would I find my federal charges

Steve D. Hardin
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Steve D. Hardin
answered on Nov 7, 2022

Federal cases do not appear on case.net. The Federal Court System as a website where court filings maybe found. https://pacer.uscourts.gov/

However the Feds do things differently so any charges may or may not be publicly viewable. Your best bet would be to speak to a criminal defense...
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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
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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 Constitutional Law for Missouri on
Q: yes ive had my question taken down i guess you guys wouldn't touch it but ive got another 1 for you why don't lawyers

ague our liberty because if they did they might win more cases i don't think you lawyers know truthfully what liberty is so in turn how do they know law

James L. Arrasmith
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answered on Feb 22, 2024

I would respectfully disagree with the premise that lawyers do not argue for liberty or understand what it truly entails. Defense attorneys in particular carry a tremendous responsibility to advocate for the rights and liberties of their clients against the power of the state.

When...
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1 Answer | Asked in Criminal Law for Missouri on
Q: What happens if you openly fire your attorney at the beginning of a trial due to their lack of proper action on a case?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 2, 2024

The attorney is your attorney until the court says otherwise. If the court allows the withdrawal of the attorney then you can represent yourself. A criminal trial is unlikely to go well for you if you are not represented by a decent attorney. Hire a new attorney.

1 Answer | Asked in Criminal Law for Missouri on
Q: I was put in drug court an I was kicked out so when does my reg.charges come back up an what going to happen

It was 3 E felony's of poss.of meth an took drug court to get out of jail I need ur help

T. Augustus Claus
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answered on Oct 24, 2023

If you were kicked out of drug court, your case may return to regular criminal court proceedings. For personalized legal advice, it's advisable to consult with an attorney.

1 Answer | Asked in Criminal Law for Missouri on
Q: What are the options in Missouri if someone was arrested on a Methamphetamine possession and this is the first offense?

They were arrested on a possession charge but were not read their Miranda rights and this is their first charge. No criminal history what so ever and they have a full time job are seeking therapy for their issues.

Steve D. Hardin
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Steve D. Hardin
answered on Jul 11, 2023

The person needs to hire an experienced criminal defense attorney to review their case and perhaps negotiate a plea. Miranda warnings are not required upon arrest only upon an in custody interrogation. Either way there might be options but the case needs to be reviewed by a lawyer in detail.

1 Answer | Asked in Criminal Law for Missouri on
Q: What’s the punishment 1st time for drug trafficking meth w traces of fentanyl and is being charged with a class b felony

Not federal charges. My ex husband was arrested for this offense in Mo. and I was wondering what hope he has for seeing a sober future outside of prison walls!

Steve D. Hardin
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Steve D. Hardin
answered on Jun 27, 2023

A class B felony carries 5 to 15 years in prison. It is possible that he might be eligible for probation but more details would be required. How long he actually receives is up to a judge or possibly a jury and will depend on a lot of factors. Your ex husband needs an attorney to represent him.

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