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David Lisle Brengle

David Brengle’s Answers

132 total


  • I am on parol and I jus got three tickets dwi drug paraphnelia and drivin without plates in a friends car all misdemeanors

    I just got out the end of may last year done good completd everything she ask since then am d then this happened

    David’s Answer

    You best chance to avoid a parole violation is to hire an attorney to minimize the effect of these recent charges.

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  • Missouri statute of limitations on sex.

    Missouri makes statutory rape in the second degree if one person is 21 and the other is 14. It makes it 2nd degree moleststion if a person is less than 20 and 14 and above. Which that is a class a misdemeanor in missouri to protect people from sta...

    David’s Answer

    In general the statute of limitations in Missouri on Misdemeanor charges is 1 year, and, in general, the statute of limitations in Missouri on Felony charges is three years. However, certain sex offenses have no statute of limitations. Therefore, it makes a difference for an attorney to know what exactly charge he or she would be advising you on. I hope this helps.

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  • Been accused of fighting a couple guys in MS, but Haven't been there in 2yrs. Is there anything I can do legally??

    Been living in MO for 2 yrs, this has cost me hours @ my job, possibly losing my job & a bond of $650 to get out, is there anything legal I can do in this matter?? I feel this is not right & don't understand how they can say a lie just like tht & ...

    David’s Answer

    You should research attorneys in the county in Mississippi that is filing the charges. Start by going to ncdd.com. This is the website for the National College of DUI Defense, Inc. I know you do not have a DWI charge, but most of these guys to regular criminal defense (and they do it well) or they know somebody who does. The National College of DUI Defense, Inc. is one of the best organizations of attorneys and you would do well to hire anyone in that organization.

    Good Luck.

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  • Would being pulled over for driving with expired tags give a police officer probable cause to conduct a pat-down search?

    The officer asked me out of the car then asked me 3 times if I would give him permission to conduct a pat-down search of my body. Each time I told him no. the third time he conducted the search regardless of my answer.

    David’s Answer

    First, the answer of Mr. Fry is very good. It will matter what is in the police report. I agree with Mr. Fry that the police report is not likely to say, "Stopped suspect, then I did a pat-down." However, there are times when, despite an officer's attempt to continue a dention legally, the officer fails in preserving the legality of the detention.

    Someone faced with the situation you outlined should research criminal defense attorneys in your area and hire the best one possible.

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  • My son has 4 counts of C Class felony possession accusations from 2006 to 2010. He's in Co jail now.

    I'll help because he's cleaned up, working regularly and turned himself in. He says an SIS can keep a conviction off his record. The PD doesn't have time so will file an SES. I'd like a referral of someone experienced in this to ask.

    David’s Answer

    Mr. O'Brien provided a very good answer to your question. I would only add that if charges are just now being filed for actions that were alleged to have occurred in 2006, your son may have a Statute of Limitations defense on some of the charges. Make sure to ask, whoever his attorney is--Public Defender or private attorney--why the Statute of Limitations does or does not provide a defense in his case.

    Good Luck, David Brengle, Associate Attorney at The Burkemper Law Firm, LLC

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  • Will i go to jail if im on probation and receive a traffic citation?

    I am currently on class c felony probation but serving it out as a misdemeanor upon completion it was going to be removed from my record. I will be finished sometime in November. Last night I was upset and i guess I ran a stop sign and drove on th...

    David’s Answer

    I agree with Mr. Fry on this 100%. A variety of factors can influence whether or not your probation will be revoked. However, I would imagine that it is very unlikely that your probation would be revoked IF the only violation of the probation is a traffic ticket. That being said, I believe it would be smart to hire and attorney to fix the ticket and offer you some guidance on any probation violation were to to come up.

    David Brengle

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  • IS the following correct: A basic contract must clearly identify nam& specifically both parties thereto with legiable signatures

    missouri basic contract law is applicable

    David’s Answer

    In many cases a contract can be formed orally. However, a written contract offers evidence that parties to that contract reached an agreement wherein each would make an exchange.

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  • Can a police officer send a DUI citation in the mail 3 weeks and 2 days after issuing a citation for a minor in possession

    20 yr old stopped by officer for tires in back of car blocking view and 3 people in front, officer then smells alcohol and gives sobriety test takes 20 yr old in handcuffs to police station and then read maranda rights. Now 3 weeks and 2 days late...

    David’s Answer

    I agree with the first answer. However, I would add that there are a number of things a well-trained DWI attorney can do for you immediately after an arrest. I would suggest that this 20 yr-old hire an skilled DWI attorney ASAP.

    I would go to NCDD.com and click on find an attorney. The lawyers in NCDD receive specialized training in DWI defense, and are the attorneys in the best position to win this case.

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  • Chances of beating DUI in Orange County

    I wasn't driving when they pulled up behind me I was on the side of the road. My girlfriend was feeling sick so i pulled over. My car wasn't on and they just automatically assumed that i was driving. Did not take the field breathalyzer either. The...

    David’s Answer

    You should immediately go to NCDD.com. Click on Find An Attorney. Click on California on the Map. Next find an attorneys that are near you.

    The National College of DUI Defense (NCDD) is one of the best legal organizations in the country, and the lawyers in it are fantastic. You will pay more to hire one of these attorneys, but it will be worth every penny.

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  • Third DUI

    I was stopped for a third DUI...but refused a blood test and was released (the police told me this was a nonbondable offense). I thought they were supposed to ask for a breahilizer before they asked for a blood test.Even though they didn't charge ...

    David’s Answer

    I agree 100% with Jeremy.

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