Q. MO firearms laws, are they liberal enough to allow a person to buy a gun? In what circumstances can I be barred from buying one?"
A. Missouri gun laws are more liberal than many states. Missouri protects your right to bear arms under Article I, Section 23 of the Missouri state constitution. However, you can be barred from buying a gun under many circumstances including;
- You have a felony conviction
- Your younger than 21
- Your not a US citizen
- Fugitive from justice
- Some misdemeanor conviction including DWI
- Received a dishonorable discharge from military
- Have a protective or restraining order against you
Q. Was never given access to an attorney when refusing. Both arrest report as well as probable cause statement reflect this as fact, where officer puts down I had asked for an attorney (twice). Then the next minute, he gives the refusal...Does this qualify for an invalid refusal?
A. When you were denied the right to speak with an attorney your rights were violated. In Missouri once you request to speak with a lawyer you should be allowed twenty (20) minutes to do so. You will need to file a Petition for Review and Stay Order in the county you were arrested in. This will stop the suspension of your license pending a hearing in court. Your license will automatically be suspended after fifteen (15) days if you fail to file a petition. In Missouri for a first offense DWI you can lose your license for one year. Therefore, I would recommend that you speak with a Missouri DWI attorney immediately.
Q. My Boyfriend Was Recently Locked Up For A Tampering With A Motor Vehicle First Degree. Can He Get Probation?" But because of the car they have now charged him with robbery 2nd degree too. Is it possible? For him to get probation cause he has never been locked up before but 1 time for two day for a controlled substance but he has never had probation. What is he looking at?
A. Yes, it is possible that your boyfriend gets probation. When determining if someone is a good candidate for probation the single most important factor is past criminal charges. If someone has prior convictions or an extensive criminal records they normally don't get probation. To increase the likelihood of him staying out of jail and getting probation he should contact a criminal defense attorney immediately.
Q. Can I Take Legal Action Against An Uninsured Driver Who Hit My Rental Car?"I rented a car in the state of Washington & someone backed into it while it was parked on a parking lot. The vehicle was uninsured. I have insurance but was charged my $1000 deductible. How do I go about filing a claim in claim in small claims court in another state?
A. Yes, there are many actions you can take against the uninsured driver. First of all, you should contact the prosecuting attorney who is handling the ticket for no insurance (This is assuming there was a citation). The prosecutor can then order the defendant/uninsured driver to pay you restitution. You can also contact the Department of Motor Vehicle who will suspend the uninsured driver’s license until he pays restitution. Lastly, you can always take the uninsured driver to small claims court. You will have to research the local rules for small claims court in your jurisdiction.
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Q. My Friend Violated Her Pre-Trial (SOR) By Picking Up A New Charge, How Long Is She Likely To Sit In Jail? She got out after two days and then just recently she went in to take a "drug-test" and they hauled her off to jail. How long is she likely to sit in there before seeing a judge, and what do you think the probable outcome will be after seeing the judge? Thank you for your help!
A. It would be advisable for your friend to seek legal advice immediately. If she was in a pre-trial diversion program and picked up an additional charge she could be looking at jail time. The amount of jail time if any would depend on many things including the terms of her pre-trial program and what the new charges are.
More Questions? Contact a St. Louis DWI Defense Lawyer Today
Kevin J. roach is a St. Louis DWI defense attorney who has defended thousands of DWI and DUI cases in the St. Louis Metro area. Call us today at (636) 519-0085 or (866) 519-0085 for your Free Consultation!