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Missouri Criminal Law Questions & Answers
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
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
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
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
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
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
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
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
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
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
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 »

1 Answer | Asked in Criminal Law and Business Law for Missouri on
Q: stolen business identity

I own a small business and advertise with a well know advertising company. My ex logged into my business profile without my knowledge and changed name, address and phone number to a (same type) business he recently started. He had all my info including reviews merged to his new business claiming he... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 31, 2018

Here’s the Missouri computer tampering statute. https://law.justia.com/codes/missouri/2016/title-xxxviii/chapter-569/section-569.095/

There’s also a federal one. You may only have a subpoena issued if the lawsuit has been filed. Also, depending on the location of the business you...
Read more »

1 Answer | Asked in Criminal Law for Missouri on
Q: Alright I fired my public defender yet he is still on my case pushing things along. Is that even legal?

I feel like my rights are getting violated

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 15, 2018

Your 'fired" public defendant is still your counsel of record unless and until the judge grants the attorney's motion to withdraw.

1 Answer | Asked in Consumer Law, Criminal Law and Banking for Missouri on
Q: I received a bad check from an address in New York. Is there anything I can do about it or with it?

I have not cashed the check yet as it is signed "Leia Organa Solo" and I'm too busy laughing at the stupidity.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 7, 2018

You can post it on Facebook.

2 Answers | Asked in Criminal Law and Federal Crimes for Missouri on
Q: If i get charged for the 1st time will i do prison yime
Andrea Rogers
Andrea Rogers answered on May 31, 2018

First-time offenders can face jail time; it just depends on what type of crime you committed.

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1 Answer | Asked in Criminal Law for Missouri on
Q: A letter was sent to my husband saying that the above referenced charges have been sent to State Prosecutors office for

Disposition. Accordingly you do not have to appear in municipal Court on such and such date. What do you gather out of that

Andrea Rogers
Andrea Rogers answered on May 31, 2018

It sounds like your husband received a summons from the court notifying him that the Prosecutor has charged him with committing an offense. It's most likely just a minor traffic violation or parking ticket, since it states that he doesn't have to appear in court.

To find out what he's been...
Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Missouri on
Q: If someone offers to help federal agents with making case against someone say that is dealing heroin or gives info abou

about old stolen gun case worked by ATF, would it help that person avoid possible criminal fraud case that has not been filed yet?

Gary Kollin
Gary Kollin answered on May 30, 2018

Without question this is not something which should be discussed on a public blog.

There are too many issues and not disclosed information to provide a competent analysis.

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1 Answer | Asked in Criminal Law for Missouri on
Q: Is it possible to get a Class A misdemeanor conviction from 1994 expunged?
Andrea Rogers
Andrea Rogers answered on May 30, 2018

There are lots of misdemeanors that are now eligible for expungement. It just depends on what type of misdemeanor it was.

1 Answer | Asked in Criminal Law for Missouri on
Q: Can I be charged with a new infraction from a year ago when I'm currently on probation for same incident?

I've been on probation for a year for DUI, which I got 3 tickets then... Now, a year later I have a NEW charge from the same date?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 28, 2018

This is a duplicate question. See the other answer.

1 Answer | Asked in Criminal Law for Missouri on
Q: Can a cop charge me for s suspended license if I was not in vehicle at the time of event?

A cop showed up at my residence asking for me and if I was driving that day then said he saw me earlier that day. He sidetationed me for suspended licens is that legal if I wasn’t even in the vehicle at the time?

Andrea Rogers
Andrea Rogers answered on May 28, 2018

Yes, the police officer can give you a ticket for driving while suspended if he saw you driving and your license was suspended at the time. The Prosecutor has up to 1 year from the date of the incident (for misdemeanors) to decide to file charges against you.

1 Answer | Asked in Criminal Law for Missouri on
Q: arrested with possession of marijuana under 35 grams in 2014/2015. I have a warrant for failure to appear

I was on probation at the time with 10 day back up. Just want to know if the new law (just a fine) applies to me or will I have to do time

Andrea Rogers
Andrea Rogers answered on May 22, 2018

If you were charged with possession of 10 grams or less of marijuana, then there is no possibility of jail time. If it's 35 grams or less (but more than 10 grams), then there is a possibility of 1 year in jail. You can check your terms of probation, but usually it states that if you break any law... Read more »

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