Missouri Criminal Law Questions & Answers
Q: If i get charged for the 1st time will i do prison yime
First-time offenders can face jail time; it just depends on what type of crime you committed.
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
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 »
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?
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.
Q: Is it possible to get a Class A misdemeanor conviction from 1994 expunged?
There are lots of misdemeanors that are now eligible for expungement. It just depends on what type of misdemeanor it was.
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?
This is a duplicate question. See the other answer.
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?
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.
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
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 »
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?
Yes, the Prosecutor can add charges later, and they have 1 year from the date of the incident (for misdemeanors) to file those charges.
Q: If we don't qualify for a public defender, how can we afford a lawyer?
My fiance and I are co-defendants in a criminal case out of Osage County, MO. I have been charged with 2 Class D Drug Possession felonies. My fiance has been charged with the same, along with a Class D Unlawful Possession of a Firearm (not federal) and a Class D Unlawful Use of a Firearm (but he... Read more »
You start making phone calls to relatives to see if anyone will help you. You can call some other attorneys but I don't think you'll find a competent one willing to engage for less than $2500.
Q: My brother was charged with possession in Missouri. He was charged with a felony d rsmo 579.015
My question is why is it a felony d instead of a misdemeanor. It was also under 35 grams. Number 2 and number 3 under 579.015 contradict each other. What determines it to be a felony vs a misdemeanor?
Possession of more than 35 grams of marijuana is a class D felony in Missouri. 35 grams or less is a misdemeanor.
Q: If a vehicle gets pulled over and searched. Does the driver automatically get charged with anything found inside?
Unlawful possession of drug paraphernalia Class d mistomener
If a vehicle is pulled over and searched and drugs or drug paraphernalia is found, the police officer may charge everyone in the vehicle with possession of drugs/paraphernalia. It's called Constructive Possession, where they assume everyone in the vehicle was aware that the drugs were there and... Read more »
Q: If someone was charged with 1st degree burglary, felony B, what is the minimum sentence he will receive? In Missouri
My brother was recently arrested and charged with first degree burglary a few weeks ago. He was in jail for 4 days and he was released and has been out for about a week and a half now. He has court one week from today and I’m not sure what the minimum sentence he will get is. He’s 17 and lives... Read more »
You might find this useful. https://carvercantin.com/felonies-in-missouri/
Q: Why judge denied continue but the continue court date anyways per reason discovery incomplete per prosecutor
Prosecutor then file motion to endorse after the judge denied continue and defended motion. To compel answer and heard and defended motion to dismiss no answer to dismissal
Your post is very hard to follow. I suggest you revise it and maybe you'll get a helpful answer.
Q: Can a 23 year old date 16 year old as long as there is nothing sexual
Yes, but don't.
Q: I have an ordinance for stealing and i got a continuance and a $532 fee , the 32 is a court fee but the $500 I’m unsure.
When I went into court I don’t not plead to guilty or not guilty I asked for a continuance so I’m not sure if this is the only fee I’ll be receiving but I don’t know with this fee is for .
If you did not plead guilty or not guilty and the judge gave you a continuance so you can hire an attorney, then the $532 may be "restitution" that you are required to pay back to the person or company that you stole from. In any stealing case, the defendant is required to return what he stole or... Read more »
Q: I have an ordinance for stealing and i got a continuance and a $532 fee , the 32 is a court fee but the $500 I’m unsure.
Is this just a court fee too or is it for my whole case ?
It sounds like what you're saying is that you violated a municipal stealing ordinance, you pleaded guilty, and then the judge assessed a fine & court costs of $532 and gave you a continuance to give you more time to pay. If so, it means the fine is $500 and the court costs are $32. It also means... Read more »
Q: Good day, In the state of Missouri, can I legally record a conversation between myself and my employer/supervisor?
I am seeking to provide further evidence to support my stance and discredit them.
Missouri is a one-party consent state so, yes, unless you have an employment contract that would prohibit the recording. I hope this answer helps.
Q: I was charged with unlawful voluntary sexual relations in 2003 I was 19. I did not have to register as a sex offender.
Now 15 years later here in Missouri me and my ex are in a child custody battle and she brought this up and now they are trying to charge me with failure to register as a sex offender. How is this possible??
It sounds like your conviction was out-of-state (maybe Kansas?).
Missouri registration is governed by MO Rev Stat § 589.400 (2017).
It is retroactive to 1979 and includes a section (as many states do) that basically says:
"if the crime in the other state is equal to any... Read more »
Q: School trying to get me to confess to an fight. fight = class e felony. School refused to let me leave or have a parent.
A bunch of reports from an kid and his friends said that I was threatening to fight him and the new law from 2017 says fighting/bullying can result in a class e felony. When I was pulled in I was cooperative and then was told that legal actions will be taken place. I told the principle Im not going... Read more »
Speak with your parents and let them assist you, even if it means getting an attorney. It’s good that you didn’t say anything incriminating.
Q: I stole about $2,000 from my job and I was sent to jail for 24 hours. I Am paying the money back. Could I go to jail?
I pay them $50 a month before the 2nd of every month and I have court May 10, 2018
Yes, jail time is a possibility when you get charged with stealing, even though you are paying your employer back. You will need to hire an attorney to represent you if you want to avoid having a conviction for stealing on your criminal record.
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