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Ross W. Buehler

Ross Buehler’s Answers

107 total


  • DWI suspension still haunting me

    In 1992 I was arrested for 1st and only DWI. I got SIS with probation, traffic school and counseling, all completed to court's satisfaction. So no DWI conviction shows, but the state still shows an administrative license suspension for DWI even ...

    Ross’s Answer

    Contact local counsel who can file a motion to have the DWI expunged from your record. You must not have any later law enforcement contacts for either driving while intoxicated or narcotics. Local counsel should be able to advise you how to obtain the expungement and guide you through the process.

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  • What happens if I cant pay the fine the night of court?

    I have a court date this evening and I have to pay the fine of $350. I don't have enough money to pay that at this time. I have already paid my attorney to represent me. I am very nervous that I will have to go to jail. What should I ask my lawyer...

    Ross’s Answer

    You or your lawyer need to appear in Court. If you fail to appear the Court could issue a warrant. Some municipal courts will accept either partial payment or continue your case for payment. However, you need to appear and contact the attorney who represented you. If you cannot reach the attorney you should appear to ask for more time to pay your fine and costs.

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  • Getting a felony expungment in Missouri

    Received my felony 8 years ago for writing a fake perscription. Was kicked out of drug court due to councelor hitting on me but of course they said it was for something else. Even my probation officer said I got screwed. Me against them there was ...

    Ross’s Answer

    Generally speaking in Missouri if you have entered a plea of guilty to a felony, you cannot get the offense expunged from your record. State law holds that there must not have been probable cause for the charge to have been issued for an expungement. An exception is for a first time DWI after ten years. You should consult with an experienced criminal defense attorney to discuss the matter more fully. If you had a Suspended Imposition of Sentence and your term of probation has been served, there should no longer be a public record of your guilty plea.

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  • What kind of divorce papers do i have to fill out to get a divorce from aman i have not lived wi th for the past 18 years

    i also do not know where he lives

    Ross’s Answer

    The filings for a divorce are essentially the same even if you have been separated for 18 years. If you do not know where he lives, you can provide notice by publication. The law describes how this is done. You should seek a local attorney to assist you with this.

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  • Hello I'm from Afghanistan now living in USA st. Louis mo

    After married with some one who is usA citizen it's lik 2years and half I'm living with her but have lots problem I'm not able to live with her any more I'm really tired of my life dose she able to deport me back to my country if I devours her ca...

    Ross’s Answer

    You should first consult with the attorney who has been assisting you with your application for permenant residency, or seek the services of an immigration attorney. Some of this will be dependent upon your immigration status and how you entered the country. Monica Smith in St. Charles County Missouri is an immigration attorney who also practices family law. She can be contacted at 636-724-0300.

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  • My wife of 30 years got a restraining order against me then cleaned our bank account out. I am broke with no place to live.

    I go to court on the 27th of sept on the TRO there was never any harm done to her I am desperate. Can she be forced to let me return to our house

    Ross’s Answer

    You should consult with a local domestic relations attorney and bring with you a copy of the temporary order of protection and discuss the issues regarding the order of the restraining order and your other options. If the motion would be granted you will not be allowed to have contact with her and you probably would not be allowed to return to the residence if she is still living there. If you cannot get an attorney, it is essential that you appear in court on the 27th of September because if you do not appear, the Court could enter a default judgment granting her motion. An attorney can also advise you about recovering your portion of the marital assets.

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  • Filed for divorce on 9/6 in MO. He hasnt been served-today is 9/25. Court date for 12/3. When will he be served?

    He still has not been served. How long does my lawyer have to serve him?

    Ross’s Answer

    You can also file a motion for a special process server to serve your husband with these documents. If you know where he lives and where he works and specifically, when he is at a specific location, you may want to consider this because it will probably take less time than the Sheriff's Department to do so. Speak with your attorney regarding a special process server.

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  • Is now the time to go for full custody of our son, with the father going to jail for 15 to 17 months?

    We aren't married. This is his 8th time going to jail for committing a felony. I have had two orders of protection against the father because of his threat of violence towards me. Paternity has been established and child support order is in place...

    Ross’s Answer

    Now would be a very good time for you to speak to an experienced domestic relations attorney to discuss whether you need to file a motion to establish rights of visitation and custody. At this time he has none of these rights of visitation and custody. You should bring this information to a family law attorney and discuss this with them to make an informed decision as to what course of action to take.

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  • If arrested and it takes longer than 24 hours before you are seen by a judge what can i do?

    arrested on warrants for distribution but was never arrested before. I got to the jail on 9/4/2012 at 9am and was not taken to the court house until 9/7/2012 at 9am. I feel like they have mistreated my Constitutional Rights and treated me unfair...

    Ross’s Answer

    From what I understand there are two issues that your question presents. Law enforcement can have you in custody for 24 hours pending applicaton for a warrant charging you with the criminal offenses. After you have been charged, you are to be brought before a Judge as soon as practicable to be formally advised of your charges. There is no set amount of time for you to see a Judge after you have been arrested. These are 2 different issues. You should still discuss this with your attorney, and you do need to retain an attorney. Do not discuss the facts of the case on a public forum such as this or with anyone but your lawyer.

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  • What is the possibility of getting the charge reduced to a misdemeanor?

    My friend was taking money from a gas stations cash register by voiding receipts. She was doing this over a long period of time. She took around $1000. She has a prior misdemeanor for a bad check (7yrs ago). Also, she has a prior driving on a ...

    Ross’s Answer

    In Missouri Public Defenders are highly trained and are extremely competent. They will provide quality represententaion for your friend. As your friend's advocate they should explore all avenues regarding her legal defenses as well as plea negotiations including reduced charges.

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