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Missouri Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: If I purchased a home with proceeds from drug dealing but put the property in someone else name can it be taken by dea?

I am not the person I just ran out of typing space but it's a family member of mine.

James L. Arrasmith
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answered on Feb 25, 2024

If the property was purchased with proceeds from drug dealing, it could potentially be subject to seizure by the DEA or other law enforcement agencies. Even if the property is in someone else's name, law enforcement may still be able to pursue forfeiture proceedings if they can demonstrate... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Missouri on
Q: how is the militia able to enforce a regulation in the privacy of a citizens home that enslaves him or her thought

militia is to make sure it is a free state & enforce law not a enslaving regulation such csa

thought we was a free people the courts say they are liberating us but it is the opposite

John Michael Frick
John Michael Frick
answered on Feb 29, 2024

Under Article I, Section 8 of the U.S. Constitution, Congress is explicitly granted the power:

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; and

To provide for organizing, arming, and disciplining, the Militia,...
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2 Answers | Asked in Civil Rights and Constitutional Law for Missouri on
Q: how is the militia able to enforce a regulation in the privacy of a citizens home that enslaves him or her thought

militia is to make sure it is a free state & enforce law not a enslaving regulation such csa

thought we was a free people the courts say they are liberating us but it is the opposite

James L. Arrasmith
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answered on Feb 25, 2024

The concept of a militia in the United States is historically tied to the defense and security of the state, rather than the enforcement of regulations within the private homes of citizens. The role of militias has evolved over time and is defined by law, including the U.S. Constitution and various... View More

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1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Missouri on
Q: My friend who is 17 has been living with her mom. Her mom told us she could live with me. Then her grandpa takes her

Her grandparents have custody but yet have not said anything tell she got back into Missouri then comes over and just yells through my door that she needs to go with them or else. We don’t know what to do but she is not mentally stable there and hates living with them. Her mom gave her promotion... View More

James L. Arrasmith
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answered on Feb 24, 2024

In situations where there's a dispute over the custody or living arrangements of a minor, the legal custody order takes precedence. If the grandparents have legal custody of your friend, they generally have the right to decide where she lives until she reaches the age of majority, which is 18... View More

1 Answer | Asked in Civil Rights and Juvenile Law for Missouri on
Q: Can I represent my 17 year old son myself when he goes to court for truancy or do I have to hire an attorney?
James L. Arrasmith
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answered on Feb 24, 2024

Representing your 17-year-old son in court for truancy may not be the most advisable course of action. While it's understandable to want to support your child, legal proceedings can be complex and require a thorough understanding of the law. Without proper legal training and experience, you... View More

1 Answer | Asked in Traffic Tickets for Missouri on
Q: Hi, today an officer stopped me and handed over me a ticket for speeding. But I couldn't see it in case.net .

What should I do now

Andrea Rogers
Andrea Rogers
answered on Feb 24, 2024

It may take a few weeks for your ticket to be filed on Casenet. You can hire a traffic ticket lawyer to get your ticket amended (reduced) to a non-moving, no-point infraction such as Illegal Parking. You won't have to appear in court. Most traffic ticket lawyers offer a free consultation and... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: My husband is making me leave our apartment and we have a 6 year old son who he refuses to set up a visitation schedule

He will not talk to me about it or agree to anything but just wants me out. He purposely makes it uncomfortable for me here hoping I'll go. I'm disabled due to a stroke some years ago and it's very unsettling.

James L. Arrasmith
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answered on Feb 23, 2024

It's concerning that your husband is not willing to discuss visitation arrangements for your son and is pressuring you to leave the apartment. As a parent, you have rights regarding custody and visitation, and it's essential to advocate for your son's well-being and your own rights.... View More

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: I co owned property in Missouri with another person with rights of survivorship the other co owner died recently

He was living on the property when he died what are my legal rights concerning any personally belongs left on the property (clothes furniture tool ECT.)

James L. Arrasmith
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answered on Feb 23, 2024

In a situation where you co-owned property in Missouri with another person with rights of survivorship, and the other co-owner has recently passed away, your legal rights concerning any personal belongings left on the property may depend on various factors. If there was a will outlining the... View More

1 Answer | Asked in Banking, Business Formation and Business Law for Missouri on
Q: Does my website have to register as a financial institution or anything alike if I operate a cryptocurrency escrow on it
James L. Arrasmith
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answered on Feb 23, 2024

Operating a cryptocurrency escrow service on your website brings you into a complex regulatory landscape that varies significantly by jurisdiction. In many places, such services are considered part of the financial sector and are subject to specific regulatory requirements. These can include... View More

1 Answer | Asked in Tax Law for Missouri on
Q: An asset protection Wyoming LLC owns property in MO ( as a summer home) would it need to register as a foreign company

This property is residential and personal use only, does not "conduct business". There may be a long term profit on the sale of the property if it is sold. Otherwise its just asset protection and personal use. I want to be sure I dont have to register as a foreign entity as this is a... View More

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answered on Feb 22, 2024

When an LLC formed in one state owns property in another state, the need to register as a foreign entity in the state where the property is located can depend on various factors, including how the state defines "conducting business." In your case, owning a residential property in Missouri... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I need help with how to start a lawsuit against a corporation , a manager of , and also the 2 city police officers ?

I'm disabled and was treated in an extremely humiliating manner by all involved and I can prove they had absolutely no grounds for those actions. Furthermore, I gave them the proof they needed to not treat in such a manner and all proceeded not just to curse me through the store as I was asked... View More

James L. Arrasmith
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answered on Feb 22, 2024

Here are the key steps to starting a lawsuit against a corporation, manager, and police officers in Missouri:

1. Consult with a civil rights and personal injury attorney. Find one experienced in handling cases against corporations, police misconduct, and ADA violations. They can evaluate...
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1 Answer | Asked in Immigration Law for Missouri on
Q: Hello. I have court date may 27. But ı need to get court early. Because ı have family at back. What should ı do for it.
James L. Arrasmith
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answered on Feb 21, 2024

To request an earlier court date, you should contact the court as soon as possible and explain your situation. Provide any relevant details, such as the reason why you need the date moved up and any supporting documentation you may have. Be polite and respectful when communicating with court staff,... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on
Q: I am a beneficiary of an Irrevocable Trust in Missouri and have a question I need help with.

In the Trust document the Grantor lists a real estate property with the title shown under the name of her single owner LLC, with the intention that real estate property, on her death, would be inherited by me and my brother, who is now Successor Trustee. Title was, and to date, has never changed... View More

Anthony M. Avery
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answered on Feb 20, 2024

Hire a competent MO attorney to search the title and draft the deed out of the LLC. He will have to abide by MO LLC Statutes and probably have all successors in interest of the LLC convey as grantors as well as the Successor Trustee, which must have precise language to be enforceable. Make sure... View More

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Me and my fiancee rents a home with no lease or contract and lived here for a year. Can she kick me out or can I stay

Everything in the house is basically mine the internet is in my name but the utilities is in her name

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 15, 2024

If you two are not subject to a written lease, then you are on a month-to-month tenancy and your landlord. If you are both considered tenants, then one tenant cannot kick the other out because the right to be there is a right conferred by the landlord.

1 Answer | Asked in Contracts, Family Law, Collections and Small Claims for Missouri on
Q: I won in Small Claims (St Louis County, MO) for 2300. I know where defendant works. What's the wage garnishment process?

I have the defendants address and employer/employer address. It is unclear to me which forms to use for garnishment against their wages. Must I go back to court for garnishment or can I submit forms to the court office?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 15, 2024

Congratulations on getting a judgment. That's often the easy part, unfortunately. The court should have the forms online. You can do this yourself or if you want to increase the chance of doing it right and getting paid, hire an attorney either by the hour or on a percentage basis.

1 Answer | Asked in Appeals / Appellate Law, DUI / DWI and Traffic Tickets for Missouri on
Q: When you haver court and you fail 3 times to appeal because you have financial problems to travel to another state

I’m going to jail ?

T. Augustus Claus
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answered on Feb 9, 2024

If you fail to appear in court for a traffic or DUI/DWI case in Missouri because you are unable to afford travel to another state, this can lead to serious consequences, including the issuance of a warrant for your arrest. However, going to jail is not automatic upon failing to appeal or appear; it... View More

1 Answer | Asked in Banking for Missouri on
Q: Discrimination at my bank, I feel discriminated at the bank I do banking at. Do I possibly have a legal standing?

I talked with the bank manager about an incident I experienced with a bank employee, and I don’t feel I was taken seriously.

James L. Arrasmith
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answered on Feb 5, 2024

Yes, you may have a legal standing here if you have experienced discrimination by your bank. Here are a few key things to consider in terms of legal protections and steps to take:

1) Discrimination Laws: Both federal and Missouri laws prohibit discrimination by banks and financial...
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1 Answer | Asked in Banking for Missouri on
Q: I feel discriminated at my bank because of my financial status and nationality. Do these reasons have legal merit?
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answered on Feb 5, 2024

Yes, discrimination based on financial status or nationality when banking could potentially have legal merit, depending on the specifics. Here are some key points about banking discrimination protections that may apply:

Financial Status:

- There is no specific Missouri law...
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2 Answers | Asked in Constitutional Law and International Law for Missouri on
Q: Does Missouri have to honor treaties of the United States of America? If so does this also mean with foreign treaties?
John Michael Frick
John Michael Frick
answered on Feb 5, 2024

Not necessarily. A treaty is an obligation of the federal government. It is not binding domestic law unless it has language expressing that it is "self-executing" upon ratification or it has been implemented by an act of Congress.

In Medellin v. Texas, the US government had...
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2 Answers | Asked in Constitutional Law and International Law for Missouri on
Q: Does Missouri have to honor treaties of the United States of America? If so does this also mean with foreign treaties?
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answered on Feb 4, 2024

Yes, Missouri, like all states in the United States, is constitutionally obligated to honor treaties made by the federal government. Article VI, Clause 2 of the United States Constitution, commonly known as the Supremacy Clause, establishes that federal law, including treaties, is the supreme law... View More

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