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Missouri Criminal Law Questions & Answers

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 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 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 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 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 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 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 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 »

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?

Andrea Rogers answered on May 22, 2018

Yes, the Prosecutor can add charges later, and they have 1 year from the date of the incident (for misdemeanors) to file those charges.

1 Answer | Asked in Criminal Law for Missouri on

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 »

Ronald J. Eisenberg answered on May 21, 2018

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.

1 Answer | Asked in Criminal Law for Missouri on

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?

Andrea Rogers answered on May 16, 2018

Possession of more than 35 grams of marijuana is a class D felony in Missouri. 35 grams or less is a misdemeanor.

1 Answer | Asked in Criminal Law for Missouri on

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

Andrea Rogers answered on May 12, 2018

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 »

1 Answer | Asked in Criminal Law for Missouri on

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 »

Ronald J. Eisenberg answered on May 1, 2018

You might find this useful. https://carvercantin.com/felonies-in-missouri/

1 Answer | Asked in Criminal Law for Missouri on

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

Ronald J. Eisenberg answered on May 1, 2018

Your post is very hard to follow. I suggest you revise it and maybe you'll get a helpful answer.

1 Answer | Asked in Criminal Law for Missouri on

Q: Can a 23 year old date 16 year old as long as there is nothing sexual

Ronald J. Eisenberg answered on May 1, 2018

Yes, but don't.

1 Answer | Asked in Criminal Law for Missouri on

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 .

Andrea Rogers answered on Apr 18, 2018

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 »

1 Answer | Asked in Criminal Law for Missouri on

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 ?

Andrea Rogers answered on Apr 16, 2018

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 »

1 Answer | Asked in Criminal Law for Missouri on

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.

Ronald J. Eisenberg answered on Apr 14, 2018

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.

1 Answer | Asked in Criminal Law for Missouri on

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??

Stewart Whaley answered on Apr 14, 2018

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 »

1 Answer | Asked in Criminal Law and Education Law for Missouri on

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 »

Ronald J. Eisenberg answered on Apr 7, 2018

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.

2 Answers | Asked in Criminal Law for Missouri on

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

Andrea Rogers answered on Apr 5, 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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