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Nancy Graven Price

Nancy Price’s Answers

15 total


  • My landlord sold house without my knowledge

    I've been living in my home for less than a month....I called landlord in regards to repairs and he tells me he sold the house and the new landlord may or may not make me move....my landlord will not tell me who new landlord is or give me any info...

    Nancy’s Answer

    This is not a criminal law question. You may want to repost this in a different section of AVVO.

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  • How old does one have to be to testify in the state of Missouri.

    My husbands son is very determined to testify against the things his mother has done to him and her other children. He is hell bent on it. I've never seen a kid hate his own mother so much. I can't even fathom all the things she has actually done...

    Nancy’s Answer

    This is a question regarding a witness's competency to testify, which is a discretionary decision made by the court. I believe most judges would allow a 14-year old to testify. Whether the witness is credible is a different tissue, but it would be difficult to argue that a 14-year old is not competent to testify.

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  • Bond stipulation is no contact with victim, but defendant is not out on bond, can the P.A. say victim can't visit him in jail

    Yes I know this question makes all you D.A.'s and Prosecutors out there roll your eyes at the thought of a victim and defendant being on the same side but believe it or not, not every person charged w/ domestic assault actually did the assaulting....

    Nancy’s Answer

    The Sheriff is correct. Unclear just how the prosecutor put a stop to the visits. But the "alleged" victim could certainly go to the judge and challenge the prohibition.

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  • What does exspongement mean

    Sex with a minor ! Can it be brought up in another case

    Nancy’s Answer

    More facts are needed to answer this question.

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  • My husband was arrest for probable cause of felony two weeks ago. How long until they charge him?

    lets just say there is an investigation from a different agency that has to be completed within 30 day.---trying not to say much

    Nancy’s Answer

    There is no standard time frame, other than the applicable statutes of limitations (misdemeanor is 1 year, most felonies are 3 years, but some, including many relating to children are much longer. If other agencies are involved, the prosecution may wait until that agency's report is completed. However, I have seen prosecutions still take a significant amount of time after such a report. The best thing to do is have counsel ready (and a bail bonding company) and do not make any statements to any authorities without the assistance of counsel.

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  • Should we sign a Statute Of Limitations Waiver for a Felony C drug possession charge? What is the consequences if we decline?

    It has been almost 3 years (May 2012) when the drugs were found in our home. No charges were brought against us till last summer 2014. The prosecution has ask us to sign a waiver of statute of limitations. We do have a trial date set for this summ...

    Nancy’s Answer

    There is not enough information to give you advice on this question. This sounds like it is part of an offer of some kind that requires the passage of time before the terms can be met. It is not uncommon in those circumstances for the prosecutor to require a statute of limitations waiver in the event the defendant does not fulfill the conditions of the agreement and the charge needs to be refiled. I suspect you have an attorney on such a serious matter since it would be unlikely for the prosecutor to discuss this with you rather than an attorney. Be sure to discuss this fully with your attorney to make sure you understand all issues and ramifications. And FYI, the filing of the charge stayed the three-year statute of limitations on the drug case (if the incident was in 2012 and the charge was filed in 2014, it is well within the statute of limitations).

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  • My son is charged with rape .he cannot have contact with her i know that.but iam i allowed to contact her

    the police arrested him be he wanted to help someone.i was here at the time and he didnt rape her.a friend talked her into calling the police.it was agreed with both parties

    Nancy’s Answer

    The short answer is no. Absolutely not. Neither you nor your son should be saying anything to anyone about this, other than a lawyer. I understand you both want to tell your side, but the worst thing you can do right now is speak about this without first talking to a lawyer.

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  • If a 19 year old girl has a 15 yr old's baby, can she be charged with having sex with a minor?

    my son's ex girl friend just had a baby. we want to prove paterinity. if we ask for this will she be charged for having sex with a minor. we have no desire to press charges. we just want to know if the baby is his.

    Nancy’s Answer

    Medical professionals are mandated reporters and the conduct would at a minimum be child molestation and if convicted would require sex offender registry.

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  • How can you beat a constructive possession charge if you wasn't there and four people was in the house but they find in room

    It was in a bedroom I sleep in and receive mail but I wasn't there

    Nancy’s Answer

    First, as all the others have said, you must hire an experienced criminal defense lawyer. Whether or not you can beat the charge of constructive possession depends on many factors one of which, of course, would be the fact that the drugs were found in your room. However, if it can be shown that others had equal access to your room even though it was was your room, there might be a valid argument that all had joint access to the drugs. If all have joint access to the drugs, this presents a legal hurdle for the prosecution. This is a heavily fact dependent issue and can only be answered after full review of all police reports and witness interviews.

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  • How can money be counted as marijuanna in federal court?

    The $15,800 found in my boyfriends car durying the execution of a search warrant on his house is being counted as a drug and is added to the quantity found How can they do that?

    Nancy’s Answer

    The federal sentencing guidelines expressly allow the government to estimate drug quantity based on cash "proceeds" recovered. The government is taking the position that the recovered cash is from drug profits/sales. If your boyfriend can prove an alternate source, he can challenge this enhancement (car sale, tax refund, etc). But if there is no source of the cash other than drug sales, the judge will likely agree with the enhancement and added quantity determination.

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