John G. Gromowsky's Answers

Can a victim drop criminal charges in Missouri or is it up to the state?

Once it reaches this point, there is little a victim can do about stopping the process. Even if your friend does not want to testify against his in-law, the prosecutor can simply compel his testimony through the use of a subpoena. Failing to respond to the subpoena or to testify truthfully can lead to legal problems for him. Your friend can talk to the prosecutor again about the fact that he really does not want to testify against a family member, and he can certainly make clear to the...

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Pro bono Appeals Lawyer in Missouri.

You should discuss the filing of a notice of appeal with the public defender who handled the case. It is very important that this be done immediately, because a notice of appeal must be filed within 10 days of final judgment. It should be noted that your appellate public defender may be different than your trial public defender. Even if you are dissatisfied with the public defender's office at this point, I recommend that you do not try to proceed on appeal without an attorney. This is...

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What would be a possible sentence in Missouri for assault?

It will be up to the prosecutor to decide what charge to file. The lowest charge might be something like third degree assault, which is a misdemeanor carrying a max sentence of 1 year. However, the cane may be considered a dangerous instrument, which could mean a felony assault charge and an additional charge of using a dangerous instrument (i.e., armed criminal action). This could mean several years in prison. If he has no priors, he may be looking at a lighter charge and probation. If he...

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ProBono Criminal Attorney in Missouri

If you cannot afford an attorney, you may be eligible to apply for the services of the Missouri public defender's office. You should call the local office to fill out the screening paper work. You can get the number on-line or from the court clerk's office. You should not be afraid to use a Missouri public defender, as posted by my colleague. Many are doing the job because of a desire to serve their community. As a former state prosecutor, I have worked with several very good attorney's...

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Is a search warant legal?

Short answer is that it depends. Under the Missouri statute governing search warrants, cops must execute the warrant within 10 days or it is deamed void. Although Missouri case law makes mention of this, it is tough to find state case specifically enforcing this. However, there are cases from states with similar statutes that specifically uphold the time limit. Presumably, Missouri will follow suit. On the other hand, if you find yourself in federal court, at least in the 8th Circuit (...

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My brother was arrested friday. He is in the army. When he was arrested the officers did not read him his rights. Is that right

Your question does not provide enough information to answer accurately. Therefore, your brother should consult with an attorney licensed to practice in the jurisdiction in which he was arrested. I can state that while it is common practice in most jurisdictions to read a person his Miranda rights upon his arrest, it is not always required. Police may not subject a person to custodial interrogation without first reading him or her a Miranda warning (e.g., right to counsel, right to remain...

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Can you get a punishable by life sentence if a convicted felon was not in possession of a weapon, and not ccaught in the act.

It is unclear from your question what justification the police had to be in your house or in your attic in the first place. You make it sound like they found the guns in the attic and then sought your permission to search the rest of the house. You responded by giving them permission to only look in the attic. If this is the case, then your son's attorney may have something decent to work with. On the other hand, if you have a window in the attic and the police witnessed your son pointing...

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Can a person with no criminal record be extradited from Missouri to Kansas on a misdemeanor offense?

I agree with my colleague. Drug testing is a fairly standard condition of pretrial release, and your son should be following his bond conditions unless he is looking to get his bond revoked. As for extradition, Johnson County may not drive to NY to pick up someone with a misdemeanor warrant, but you should assume they will drive the 20 minutes to KC to get him. You definitely need to get an attorney involved to help you out. DISCLAIMER: I am not your attorney. My response to your...

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Can you still get a public defender even though already pleaded guilty in court?

Assuming the court maintains jurisdiction to throw out the plea, this may not be such a terrible position to be in. If the judge throws out the plea, then you are technically back to square one. At that point, you can request the public defender or hire your own attorney to help you out. If, on the other hand, the judge is simply going to somehow convert your prior sentence of a fine to a sentence of incarceration based solely upon your inability to pay, then you should definitely ask for a...

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Have I broken any laws and could I be charged with an offense?

This really is going to depend upon the specific texting that is going on. There has been plenty of talk in the news lately regarding charges filed against people involved in "sexting". Is it possible under the right circumstances that you can be charged with possession of child pornography if someone finds you in possession of a nude picture sent by her? Yes. Is it possible under the right circumstances that you can be charged with something like soliciation of a minor accross state lines?...

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