Ross W. Buehler’s Answers

Ross W. Buehler

Saint Peters Criminal Defense Attorney.

Contributor Level 10
  1. DWI, 4 counts child endanger, driving on susp lic, and using someone else's license. What will happen?

    Answered about 2 years ago.

    1. Ross W. Buehler
    2. Charles Gregory Schierer
    3. Jonathan Burton Blecher
    3 lawyer answers

    If your ex-husband has one prior alcohol related driving offense, the case should remain a misdemeanor, if he has two prior alcohol related driving offenses, a felony DWI could be issued. If there were children in the car with him at the time of the stop, the State could also file charges of child endangerment. If has been previously convicted of driving while suspended or revoked, charges could be enhanced to a felony depending on the number of previous convictions and the amount of time...

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  2. My son will be entering college in the fall. Does his child support end at age 21? We live in Missouri.

    Answered about 2 years ago.

    1. Ross W. Buehler
    2. Alan Jay Dion
    2 lawyer answers

    Missouri §452.340 RSMo, as it regards to child support when your son is attending college. Your son is entitled to receive child support until he reaches the age of twenty-one as long as he is enrolled as a full time student in an institution of vocational or higher education not later than October first following graduation from high school. Once he is enrolled in college he must at the beginning of each semester submit to each parent a transcript or similar official document provided by...

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  3. Can I be charged with possession months after it is gone and there is nothing left?

    Answered about 2 years ago.

    1. Ross W. Buehler
    2. Robert Edward Caldwell Jr.
    2 lawyer answers

    I concur that you never discuss the facts of a criminal case on a public forum. Your question has two elements to this. Whose name is on the lease of where you are staying? If you are not on the lease he can have you evicted. The drug issue is a separate problem. If it is a small amount of marijuana under 35 grams, a misdemeanor amount, there is a statute of limitations of one year. That means the State has one year to charge you with this offense. If it is another substance, it could...

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  4. Child support

    Answered about 2 years ago.

    1. Ross W. Buehler
    2. M. Todd Miller
    2 lawyer answers

    Has there been an order for you to pay child support from either a divorce or an administrative order from the Missouri Division of Family Services Child Support Enforcement Unit? If the mother of your children is receiving state benefits, the State may go after you to reimburse, unless there is an order for child support that you have been following. I suggest that you consult with a local family law attorney with more complete information.

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  5. Can a wife divorce her husband even if he's still living in the home.

    Answered about 2 years ago.

    1. Ross W. Buehler
    2. Sarah C Easter
    2 lawyer answers

    The fact that you and you are both still in the house will have no effect on you ability to file for a divorce. However, you may want to make sure that you are either listed on the lease as a tenant or are on the deed to the house. You should speak with an attorney to discuss this and other issues regarding divorce for a more complete answer. If you feel that you are threatened you should look into getting an order of protection. Be safe.

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  6. Restraining order violated by school

    Answered about 2 years ago.

    1. Ross W. Buehler
    2. Virginia Giselle Alvarez
    2 lawyer answers

    I am assuming that the restraining order was given to the school in case the mother did show up and tried to make contact with the children, and thus violate the order of protection. You and your husband should consult with his attorney to discuss this situation. Did you husband also have an order of protection against her or is there a part of the original custody order regarding contact with your husband? Her conduct could further lead to being a violation of the restraining order, which...

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  7. Will felony theft show on a background check if there hasn't been a court date set?

    Answered about 2 years ago.

    1. Ross W. Buehler
    2. Robert Edward Caldwell Jr.
    3. Daniel M. Culp
    3 lawyer answers

    If you have not been charged with the offense if you were also not arrested for the offense, there should not be any record of this event in your criminal history. You could go to the Greene County Sheriff's Department and request a criminal history to see was is available to the public. As another poster has mentioned, the State does have 3 years to issue felony charges. You should keep in contact with your attorney.

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  8. My son is locked up in county jail. has a fine owed to other court and new charge in municipal court not appeared on yet.

    Answered about 2 years ago.

    1. Ross W. Buehler
    2. Robert Edward Caldwell Jr.
    3. Melvin G. Franke
    3 lawyer answers

    I concur with my colleague who suggested that the municipality with the marijuana charge be notified and advised that your son is incarcerated in another jurisdiction. I would further advise that this be done in writing and to make certain that the case numbers for both matters are included in the letter. If he is released from custody on the felony case I further advise that he get a letter of incarceration from where he is currently confined to bring with him to the municipality where the...

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  9. Should he take a plea bargain even though there is not any evidence?

    Answered over 2 years ago.

    1. Ross W. Buehler
    2. Wayne E. Brucar
    3. John Wesley Hall Jr.
    3 lawyer answers

    You raise many issues. If the State has knowledge of the prior offenses, and if they are felony offenses, the State could use these to enhance the punishment that your boyfriend can receive. His attorney should also be aware of what statement were made by the person, if that person was charged, of who actually used the credit card. There is a concept of accomplice liability that means if he assisted, encouraged or aided the person who used the card, there may be sufficient liability to be...

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  10. My husband wants to adopt my daughter

    Answered about 3 years ago.

    1. Ross W. Buehler
    2. Joshua J. Wilson
    2 lawyer answers

    Yes it is possible for him to contest the adoption. However you should be able to show that he has not had contact with her, and that he has not provided any assistance to her. You should seek a local attorney who can more fully advise you as what you need to show..

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