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Jeremy Daniel Hollingshead
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Jeremy Hollingshead’s Answers

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  • My son got a ticket for trespassing in a park after hours, when he looked it up it said sexual misconduct.

    what do we do

    Jeremy’s Answer

    If your son has, in fact, been charged with sexual misconduct, the charges are extremely serious. You need an experienced criminal defense attorney to sort the case out and, if true, fight the charge. If the charge is simply trespassing, it is certainly much easier to resolve.

    Jeremy Hollingshead
    www.hollingsheadlaw.com

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  • Should I plead "guilty" or "not guilty" to a speeding ticket?

    The ticket was for doing 41 in a 30 mph school zone. I had no idea I was in a school zone (wasn't familiar with the area) and the regular speed limit was 40, so I had no idea that I was "speeding". Traffic in the area at the time was pretty heav...

    Jeremy’s Answer

    In most cases, you will have to hire an attorney for the best chance to avoid points on your record. Generally (although not in all cases), first offense speeding tickets are either 1) amended to a no points violation or 2) you are put on a type of probation known as a suspended imposition of sentence, which gives you a chance to avoid points if you avoid trouble for a specific period of time (for example 1 year). In any event, if you show up on your own to court and plead guilty, you will almost certainly take a conviction and receive the appropriate points on your driving record.

    Jeremy Hollingshead
    www.hollingsheadlaw.com

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  • Why havent i heard about a court date or been notified that my case was dismissed?

    I was arrested on 9-15-2012 for a DWI-drugs, I failed the sobriety test because of my usual unsteady balance, and a recently fractured foot. my blood pressure was also high I found out later that day..which explains my dizziness. I was taken for a...

    Jeremy’s Answer

    I have represented a number of people accused of driving while under the influence of drugs, and it is not uncommon for it to take several months for charges to be brought. What I don't understand in your case is why you lost your license. Unless you refused a chemical test, your license is not subject to suspension or revocation in Missouri as a result of DWI drugs. Whatever happens, you definitely need an attorney. This case is not likely to go away on its own. If you refused one of the requested chemical tests, on the other hand, you could lose your license for a year. Check out a recent article my firm wrote regarding DWI drugs. Maybe it will help you.

    http://www.hollingsheadlaw.com/whatshouldido

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  • My son is 13 yrs old and is being charged with class c felony burglary for receiving stolen property.

    Candy and pop from 2 boys that were stealing from the schools concessions stand quite a bit. He was there a few times but never helped in anyway. Like the lookout I guess. He has never been in trouble before now. Good kid, has good grades and play...

    Jeremy’s Answer

    Without seeing a police report, I can only provide limited and general information. That said, it is possible that you son could be charged with theft if he was assisting others in stealing property (i.e. being a lookout). However, oftentimes the police will charge everybody and wait to see who can be useful in the prosecution of the real culprits (i.e. willing to testify). Only through a skilled defense attorney will you be able to explore your options and attempt to resolve the case without significant consequences to your son's future. I would recommend calling an attorney immediately and, until doing so, do not allow your son to speak to the police.

    Jeremy Hollingshead
    www.hollingsheadlaw.com

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  • Do I need an attorney for housing discrimination based on the fact that I am disabled?

    I called a landlord who had a duplex for rent. When she asked me what type of job I had, I told her I was disabled. She then said the duplex was probably going to be rented and besides there was a waiting list, then she hung. The duplex stayed ...

    Jeremy’s Answer

    The commission provides mediators that can assist you in resolving your claim. In mediation, you don't win or lose. Instead, the mediator attempts to work with both sides to reach an outcome. The problem is that your opposing party will realize that you have little knowledge of the law and will try, at every opportunity, to take advantage of you during the process. How much you case is worth is not something that can be answered here. At attorney will need much more information. I would also point out that very few discrimination cases get worked out in initial mediation. In most cases, a lawsuit must be filed to obtain any chance of justice. In any event, you need an attorney.

    Jeremy Hollingshead
    www.hollingsheadlaw.com

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  • Can a cop take you speed when you and him are moving at different directions? If so will the speed be right?

    I got pulled over for speeding and the cop was coming towards me driving in a 55 mph speed zone

    Jeremy’s Answer

    Modern radar is capable to determining speed even when the police officer is traveling in the other direction. That said, it is oftentimes possible to avoid points on your Missouri driving record through hiring an attorney. Good luck!

    Jeremy Hollingshead
    www.hollingsheadlaw.com

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  • Dui blood test.

    If I'm pulled over for a third DUI and refuse the blood test but subsequently have to go to the hospital for a heart condition and the Doctor orders a routine blood test there...can they use this against me in court?

    Jeremy’s Answer

    Unfortunately, the answer to your quetion is "it depends." In the past, I have had clients involved in serious auto accidents while allegedly intoxicated, and the prosecutors made no effort to or were unsuccessful in obtaining the hospital blood tests. Federal law makes obtaining these results difficult on the government, and the methods used to test hospital samples are unreliable at best. In my few cases where blood was obtained from the hospital, the government has not been successful in admitting the result into evidence, because hospitals are not concerned with important legal requirements such as chain of custody, and the hospital lab rarely has a "qualified" person testing the results. In short, you definitely need an attorney, and he/she can fight to keep the results out if the government happens to locate them.

    Jeremy Hollingshead
    www.hollingsheadlaw.com

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  • What would a person on a second DWI get in MO>

    I got pulled over by a police officer because I forgot to dim my lights. He smelled no alcohol on my breath. He did not do the field test even though he said he did. My attorney had me plead guilty and I got 10 days of shock time, Breath test f...

    Jeremy’s Answer

    This is the classic, "I know people who have done way worse and gotten way less." If I were in your situation, I would probably be thinking the same thing. That said, every single case is different, because every set of facts is different. The court plays a role. The prosecutor plays a role. The quality of the police officer plays a role. Yes, I have prior clients with five or six DWIs that received less punishment. I've also had clients just like you that received similiar deals to yours and some clients that ended up worse. If it helps, a conviction on a second offense in Missouri is extremely common (i.e. the rule not the exception). VIP is a standard requirement regardless of how your case is disposed. Two years probation is required by statute, and 10 days shock is not unheard of.

    Jeremy Hollingshead
    www.hollingsheadlaw.com

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  • DUI warrants

    I found out from a paralegal friend that I have a warrant out for me for a third DUI (listed as a misdemeanor). When i was arrested for this and refused the blood test they released me...did not know they went ahead and charged me and I've receiv...

    Jeremy’s Answer

    Typically, on a non-violent DWI felony in Missouri, the police will not show up at your house or work. However, more than a few clients have been pulled over for routine traffic violations and were arrested. I always tell clients that it is best if you do this on your own terms. That is, if you get picked up tonight (i.e. the day before Thanksgiving), you may very well be in jail until Monday when a judge can review your bond. I would highly recommend devoting as much time as is necessary to gather money, hopefully get a lawyer on board (a lawyer can help with trying to reduce your bond or modify bond conditions) and turn yourself in. The longer you wait, the higher the risk that you will get picked up.

    Jeremy Hollingshead
    www.hollingsheadlaw.com

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  • License got suspended. Next court date is Dec. 19.2012. Can license get reinstated before court date to drive to work/school?

    Son received a ticket, Charge "Improper start from stop". in City of St Louis. Forgot about ticket therefore failure to appear in court. Got license suspended did not know this and he got pulled over in St peters Mo saw he had a suspended license...

    Jeremy’s Answer

    • Selected as best answer

    I've worked on a number of these types of cases in the City of St. Louis, and it is possible to get the necesary paperwork for reinstatement prior to the court date. You need an attorney to appear in the city, get the file, get the warrant pulled and obtain a document called a "letter of compliance." Once that letter is obtained, you will have to go to the Department of Revenue, pay $10 (I believe) per failure to appear and obtain reinstatement. The entire process generally takes a week or so to complete.

    Jeremy Hollingshead
    The Hollingshead Law Firm
    www.hollingsheadlaw.com

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