Missouri Questions & Answers by Practice Area
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Missouri Questions & Answers
Q: I was walking my dog where I live in a trailer court,Neighbors dog jumped fence and tried to attack mine.What can i do?
Kristen Thurmond's answer
You can contact animal control or the non-emergency police line to report this and let them investigate. You will have to give a statement and provide evidence, if any. Animal control will decide whether or not to write a ticket and the prosecutor will decide whether or not to press charges or dismiss the ticket. The next time something like this happens, call animal control immediately. It does not matter what type of dog it is; any dog that jumps a fence and approaches others aggressively is...
You can contact animal control or the non-emergency police line to report this and let them investigate. You will have to give a statement and provide evidence, if any. Animal control will decide whether or not to write a ticket and the prosecutor will decide whether or not to press charges or dismiss the ticket. The next time something like this happens, call animal control immediately. It does not matter what type of dog it is; any dog that jumps a fence and approaches others aggressively is...
Q: I am currently staying with my ex husband. He said if I am not out in a few days that he will shoot my dog. Is that lega
Kristen Thurmond's answer
I do not believe this a question about legality as much as it is about your safety and your dog's safety. To get you to move out, there are a lot of questions that need to be answered. If an individual is threatening to kill your dog, you need to seek a safer place to stay immediately. There is nothing preventing your dog from being shot, and animal control and police officers will only be useful after damage has been done. Please seek the advice of an attorney or contact legal aid if you...
I do not believe this a question about legality as much as it is about your safety and your dog's safety. To get you to move out, there are a lot of questions that need to be answered. If an individual is threatening to kill your dog, you need to seek a safer place to stay immediately. There is nothing preventing your dog from being shot, and animal control and police officers will only be useful after damage has been done. Please seek the advice of an attorney or contact legal aid if you...
Q: where do I find court cases dealing with scenario...Nursing home/employee being sued for personal injury and negligence
Ronald V. Miller Jr.'s answer
Wait, what? There is a viable claim against the nursing home for negligence here. You will not find a case that is going to say that is it is not negligence to follow those orders because she did not have time. There may be facts to defend the claim but they are not present in the facts you have given. What you should be doing is calling your insurance company to discuss coverage or hiring a lawyer if you don't have coverage.
Wait, what? There is a viable claim against the nursing home for negligence here. You will not find a case that is going to say that is it is not negligence to follow those orders because she did not have time. There may be facts to defend the claim but they are not present in the facts you have given. What you should be doing is calling your insurance company to discuss coverage or hiring a lawyer if you don't have coverage.
Q: Can a court enter a plea of guilty for you, if you fail to appear for a traffic violation?
Richard C Simons' answer
In general no a plea cannot be entered for you.
speedingticketkc.com
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In general no a plea cannot be entered for you.
speedingticketkc.com
Speedingticketkc twitterfeed
Facebook Page
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Q: Can my us citizen spouse file i-130 and i-485 for me after expiry of my i-94?
Shan Dimitris Potts' answer
More information is needed to answer this question but if you entered the US with a legal I-94, yes your spouse might be able to file I-130 and I-485 for you after your I-94 expires. The process take 6 to 8 months. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful...
More information is needed to answer this question but if you entered the US with a legal I-94, yes your spouse might be able to file I-130 and I-485 for you after your I-94 expires. The process take 6 to 8 months. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful...
Q: Is a vehicle considered as derelict because you haven't gotten it tagged
Richard C Simons' answer
I honestly have never heard of a derelict vehicle but I have heard of a citation for an unregistered one. Whether your vehicle is on the road or not, you need to have it registered as soon as possible in order to stop receiving further citations.
www.speedingticketkc.com
I honestly have never heard of a derelict vehicle but I have heard of a citation for an unregistered one. Whether your vehicle is on the road or not, you need to have it registered as soon as possible in order to stop receiving further citations.
www.speedingticketkc.com
Q: Do I need to look for a new attorney or is this delay out of her control?
David A. Wolf's answer
Legal cases take time to complete especially those that are subject to litigation. I recommend that you arrange for a meeting with your attorney to get a status of the case. Following the meeting, request that the attorney detail the status of the case and plans moving forward in an e-mail or a letter. If you are still not satisfied with the status and answers, contact another attorney for a second opinion. Delays can be quite common. As for the Bad Faith case or potential case, these...
Legal cases take time to complete especially those that are subject to litigation. I recommend that you arrange for a meeting with your attorney to get a status of the case. Following the meeting, request that the attorney detail the status of the case and plans moving forward in an e-mail or a letter. If you are still not satisfied with the status and answers, contact another attorney for a second opinion. Delays can be quite common. As for the Bad Faith case or potential case, these...
Q: I have accrued PTO earned as a non-exempt employee. Do I have a right to that PTO.
Marshall Jason Ray's answer
The answer to this question depends on your employer's policies. If you are a government employee, civil service laws might determine whether and under what circumstances accrued leave can be used or paid out. By and large, you must look at your employer policies.
The answer to this question depends on your employer's policies. If you are a government employee, civil service laws might determine whether and under what circumstances accrued leave can be used or paid out. By and large, you must look at your employer policies.
Q: Do I need a lawyer for a speeding violation in Lyon County, going 26 MPH over the 70 MPH speed limit? I live in MO.
Richard C Simons' answer
Assuming this is your only offense and you are a non-cdl driver, no you will not lose your license. Do you need to get an attorney, Yes I recommend getting an attorney and getting your ticket amended to a non-moving violation. In Missouri they department of revenue adds points to your record and if you get enough your license can be suspended. Insurance companies will check your driving record when you renew or look for new insurance. Because you got a speeding ticket, they will raise your...
Assuming this is your only offense and you are a non-cdl driver, no you will not lose your license. Do you need to get an attorney, Yes I recommend getting an attorney and getting your ticket amended to a non-moving violation. In Missouri they department of revenue adds points to your record and if you get enough your license can be suspended. Insurance companies will check your driving record when you renew or look for new insurance. Because you got a speeding ticket, they will raise your...
Q: Lost Passport Just Before Applying for H1B
Shan Dimitris Potts' answer
You may go ahead and file it with the old passport, you will get an RFE if they require your new passport and you can send it their way. I suggest you contact an immigration attorney via email or phone to get started with this process as soon as you can. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez...
You may go ahead and file it with the old passport, you will get an RFE if they require your new passport and you can send it their way. I suggest you contact an immigration attorney via email or phone to get started with this process as soon as you can. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez...
Q: Can a nonviolent felon in Missouri own or possess a pistol or other firearm that is NOT black powder?
Richard C Simons' answer
The current answer is no. This is actually an interesting question because the Missouri Supreme court is going to decide the answer to your question very soon. The Missouri supreme court in August of 2015 ruled in the case of State of Missouri vs. McCoy, that it was constitutional for the Missouri legislature to keep firearms out of felons hands. However the court is taking up a case out of St. Louis on a similar question asking the same right. We shall see what the court says. Below is...
The current answer is no. This is actually an interesting question because the Missouri Supreme court is going to decide the answer to your question very soon. The Missouri supreme court in August of 2015 ruled in the case of State of Missouri vs. McCoy, that it was constitutional for the Missouri legislature to keep firearms out of felons hands. However the court is taking up a case out of St. Louis on a similar question asking the same right. We shall see what the court says. Below is...
Q: In the state of Missouri how long do they have to charge you
Richard C Simons' answer
This question all depends on the crime that was allegedly committed. Missouri Revised statute has a long list of crimes and the statute of limitations on filing. I will post the entire statute below but will summarize in the following sentences. Homicide and higher end sex crimes have no statute of limitations and can be charged whenever. The rest is the following directly from the statute:
(1) For any felony, three years, except as provided in subdivision (4) of this subsection;...
This question all depends on the crime that was allegedly committed. Missouri Revised statute has a long list of crimes and the statute of limitations on filing. I will post the entire statute below but will summarize in the following sentences. Homicide and higher end sex crimes have no statute of limitations and can be charged whenever. The rest is the following directly from the statute:
(1) For any felony, three years, except as provided in subdivision (4) of this subsection;...
Q: victim gets shot and robbed and the defended takes it to trial and the victim gets killed during trial does it get drop
Richard C Simons' answer
This is all left up to the prosecutor if they have enough evidence or if the judge feels their is not enough evidence on motion to dismiss. But there is a bigger problem here, this case could get amended from robbery and assault with a deadly weapon to murder in the second degree. Under Missouri statute Section 565.021.2, murder in the second is: "A person commits the crime of murder in the second degree if he:
(1) Knowingly causes the death of another person or, with the purpose of...
This is all left up to the prosecutor if they have enough evidence or if the judge feels their is not enough evidence on motion to dismiss. But there is a bigger problem here, this case could get amended from robbery and assault with a deadly weapon to murder in the second degree. Under Missouri statute Section 565.021.2, murder in the second is: "A person commits the crime of murder in the second degree if he:
(1) Knowingly causes the death of another person or, with the purpose of...
Q: can I use rsmo 565.090.2(1)(6) as defense if it wasn't charged
Justin Michael Crozier's answer
Potentially... though you probably need to get an attorney. It really depends on the circumstances, you might be able to win at trial, but maybe not. You would have to prove that you were being harassed (which you don't have to have them charge, but it would help). If you were not being harassed, then you are probably out of luck. There have also been some cases that have discussed what is an allowable response or not. The statute doesn't really tell you everything. Get an attorney, that...
Potentially... though you probably need to get an attorney. It really depends on the circumstances, you might be able to win at trial, but maybe not. You would have to prove that you were being harassed (which you don't have to have them charge, but it would help). If you were not being harassed, then you are probably out of luck. There have also been some cases that have discussed what is an allowable response or not. The statute doesn't really tell you everything. Get an attorney, that...
Q: Can my son be adopted by his step father at the age of 18 without involving biofather?
Justin Michael Crozier's answer
Probably not. Unless the biological father has given up his parental rights. A child only gets to have two parents. If the biological father still has parental rights, then the child can't be adopted. If the rights HAVE been given up, then he doesn't need to be involved at all.
Probably not. Unless the biological father has given up his parental rights. A child only gets to have two parents. If the biological father still has parental rights, then the child can't be adopted. If the rights HAVE been given up, then he doesn't need to be involved at all.
Q: How and who can I contact about a divorce if I have no money for an attorney?
Justin Michael Crozier's answer
You can look into legal aid. They can help offer legal services at lower (or free) prices. You also might be able to sign up for a pro-bono assistance. There are also attorneys who are willing to help out on a payment plan structure or who will give you some "low income" pricing. Good luck.
You can look into legal aid. They can help offer legal services at lower (or free) prices. You also might be able to sign up for a pro-bono assistance. There are also attorneys who are willing to help out on a payment plan structure or who will give you some "low income" pricing. Good luck.
Q: My friend was convicted of criminal murder when he was 17 years old, he's since served 12 years
Justin Michael Crozier's answer
The best thing you can do is to get in touch with an attorney and have them review the case with you. Getting an appeal isn't always easy, and once you get it you might lose it. Having an attorney is the best way to ensure that he gets the best opportunity to win. Good luck.
The best thing you can do is to get in touch with an attorney and have them review the case with you. Getting an appeal isn't always easy, and once you get it you might lose it. Having an attorney is the best way to ensure that he gets the best opportunity to win. Good luck.
Q: I have one ticket in Jackson county missouri for trespassing. The witness, my sister, did not show up for the hearing.
Richard C Simons' answer
It is tough to have a case if there are no witnesses. If your sister is the only witness and refuses to testify, then the prosecution has no evidence and will probably drop the case. However, since there was a ticket I am guessing a police officer might be able to provide testimony, if that is the case then there is evidence against you. If it is Jackson county you can contact the public defenders office, my guess is that you are in Kansas City Municipal court, in which you can still request...
It is tough to have a case if there are no witnesses. If your sister is the only witness and refuses to testify, then the prosecution has no evidence and will probably drop the case. However, since there was a ticket I am guessing a police officer might be able to provide testimony, if that is the case then there is evidence against you. If it is Jackson county you can contact the public defenders office, my guess is that you are in Kansas City Municipal court, in which you can still request...
Q: What kind of penalty am I looking at for doing 100 mph in a 50 mph zone and resisting arrest by fleeing
Richard C Simons' answer
Well there would appear to be multiple violations committed here. The first I will focus on is Section 304.012.1, commonly known as "careless and Imprudent" which makes careless driving a Class B misdemeanor which is punishable by a $500 fine and or six months in jail, and 4 points on your license.
The second one could be that you put the officer at risk by making him flee which is called Aggravated Endangerment of an Emergency Responder which is a class c misdemeanor( 15 days in...
Well there would appear to be multiple violations committed here. The first I will focus on is Section 304.012.1, commonly known as "careless and Imprudent" which makes careless driving a Class B misdemeanor which is punishable by a $500 fine and or six months in jail, and 4 points on your license.
The second one could be that you put the officer at risk by making him flee which is called Aggravated Endangerment of an Emergency Responder which is a class c misdemeanor( 15 days in...
Q: Why would a hospital refuse to share blood test results with patient
Adam Studnicki's answer
In many states, patients have a right to their medical records. A local lawyer can advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to...
In many states, patients have a right to their medical records. A local lawyer can advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to...
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