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Missouri Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Missouri on

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

Individual was intoxicated & got into the wrong vehicle & ran on foot from police & resisted arrest

Joseph Harvath answered on Jan 14, 2019

They could be charged with a felony or a misdemeanor

1 Answer | Asked in Criminal Law for Missouri on

Q: Bad check

Bad check charge filed in 2015 for class c felong well new revised statues took affect January 1 2017 which made it a class e felony and i took my plea in feburary of 2017 so should i be charged with a class c felony or a class e felony

Joseph Harvath answered on Jan 14, 2019

The class of felony is based on the date of the occurrence, not the date of the plea

1 Answer | Asked in Criminal Law for Missouri on

Q: Hello need some advice please

I have an 18 year old son who is in alot of trouble. I have hired an attorney to rep him in the matters in volved. He the attorney went to St.louis for us couple weeks ago and when i asked how everything went he said he will get one case dropped . I then spoke to him today he told me the judge... Read more »

Joseph Harvath answered on Jan 14, 2019

Only your hired attorney could answer your questions regarding the specifics of your case

1 Answer | Asked in Criminal Law and Domestic Violence for Missouri on

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

16 year old previously has been charged for assault on the same adult (me). 16 year old is my boyfriends daughter . She has assaulted me a total of 9 times but only charged twice. This time it is assault with deadly weapon. Wat will happen to her ?

Joseph Harvath answered on Jan 14, 2019

They could be. That decision is left to the discretion of the Prosecuting Attorney

1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on

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

on house arrest the same day and couldn't make it to the court date so today is January 3rd 2019 and I'm at the transition center downtown st louis and I been here for 3 months so why the warrant just now popping up?

Joseph Harvath answered on Jan 14, 2019

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

1 Answer | Asked in Criminal Law for Missouri on

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

in 2013 I was pulled over in a McDonald's parking lot for a drunk person in my backseat. The police did field sobriety tests and told me that they didn't have any breathalyzers on hand and that they would be taking me to the county jail house to do a breathalyzer there. we got there and were told... Read more »

Joseph Harvath answered on Jan 14, 2019

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

1 Answer | Asked in Civil Rights and Criminal Law for Missouri on

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.

he was attacked by the k9 dogs the dogs were told to heel but they kept attacking. He is wanting to file case against them but will need a pro bono attorney

Joseph Harvath answered on Jan 14, 2019

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

1 Answer | Asked in Criminal Law for Missouri on

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

Joseph Harvath answered on Jan 14, 2019

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.

1 Answer | Asked in Criminal Law, Real Estate Law and Stockbroker Fraud for Missouri on

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

The father was a cpa but the son put the property in his name using a poa assigned to the father. Unknown for some time and while trying to locate the cpa not realizing it was taken the same day of the assigned poa. True owner receiving 3266.00 through a 3 yr period for 166 acres of prime resort... Read more »

Jennifer Sheila Kornblum answered on Jan 9, 2019

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.

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on

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

Andrea Rogers answered on Jan 5, 2019

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.

1 Answer | Asked in Criminal Law, Child Custody and Child Support for Missouri on

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

She's also been abused, and she's kept in her house 24/7, unless she is at her church or out to eat. She isn't allowed to even walk away from her condo 25 ft. She's been called "slow, dumb, stupid, worthless, etc" and more degrading things. Is there anything I can do legally about this while... Read more »

Lydia Seifner answered on Jan 2, 2019

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.

1 Answer | Asked in Criminal Law for Missouri on

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

I am on felony probation and received a violation for a dirty u.a and then went in for my next p.o visit a couple weeks later and received 2 more... One for missing a p.o appointment and the other for not keeping up with my pathways appointments... It shows on case.net that I am scheduled for a... Read more »

Gary Kollin answered on Dec 5, 2018

You will need an attorney. Instead of waiting you should retain one now

1 Answer | Asked in Criminal Law for Missouri on

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

Ronald J. Eisenberg answered on Nov 29, 2018

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.

1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on

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

I was followed by an officer from another county and just before the county line I was pulled over and given a ticket just want to know the legality and what I can show the court that the officer was in the wrong.

Kristen Thurmond answered on Oct 31, 2018

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.

1 Answer | Asked in Criminal Law for Missouri on

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

Kristen Thurmond answered on Oct 31, 2018

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... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Arbitration / Mediation Law for Missouri on

Q: My son's phone was damaged by 2 boys at school. They admitted it, parents agreed to pay. Now they refuse.

I reported it to school and the boys admitted to it & the parents said they'd pay to repair it so I filed a claim with my insurance company. The deductible turned out to be $225. Upon hearing that amount the parents now don't want to pay. They expected the screen repair was only going to be about... Read more »

Peter N. Munsing answered on Oct 28, 2018

sue them in small claims

1 Answer | Asked in Criminal Law for Missouri on

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

Let's say someone is viewing things that may be considered inappropriate under the eyes of the law. Can the law attempt to investigate someone based on an internet search alone on a private home computer if zero images/files have been downloaded onto the computer in question? To be clear, there has... Read more »

Ronald J. Eisenberg answered on Oct 4, 2018

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.

1 Answer | Asked in Criminal Law for Missouri on

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

Andrea Rogers answered on Sep 27, 2018

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."

1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on

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

I received a speeding ticket (my first in 10+ years). The ticket says it's for "SPEEDING 36-40 MPH OVER" but below that it says driving 90, posted speed limit 60.... which is 30... not 36-40. Ninety in a sixty is consistent with what the officer stated/alleged.

Even if that doesn't... Read more »

Andrea Rogers answered on Sep 25, 2018

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...
Read more »

1 Answer | Asked in Criminal Law and Personal Injury for Missouri on

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

A friend of mine concealed deny them in her purse changed her mind at and then pulled it back out of her purse on camera then went to the register paid for it was approached at the door by security detained and forced with excessive force they beat her up can she sue them and were they right to do... Read more »

T. J. Jesky answered on Sep 9, 2018

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...
Read more »

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