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C. Curran Coulter
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C. Coulter’s Answers

94 total


  • Is there anyway to merge felony cases from 2 different states to serve time or probation on both concurrently?

    I have 2 cases. One in Missouri and one in Kansas. I would like to see if legally I can serve time in one state yet have the cases from both run concurrently so i don't serve 2 different sentences?

    C.’s Answer

    It would be at the Judges' discretion. Your attorney would have to argue that the sentences should be served concurrently.

    Good luck!

    *** If you like my answer, please mark it as the best answer.
    Sincerely,
    C. Curran Coulter II, J.D.
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Office: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

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  • In a private car sales contract do I have a grace period for a late payment and if not are there laws against outrageous fees?

    Signed a car sales contract giving me 6 months to pay off a 7k truck (which after 8 wks needed a new tranny even though the seller assured us the tranny was brand new) Every payment was on time excepting one which was 5 days late. The final due da...

    C.’s Answer

    First review the contract that you signed. Do the terms of the contract allow for this?

    If not, enforce the contract as it is written.

    If so, you next step would be to challenge the validity of that clause or the contract in its entirety.
    - RSMo section 408.140 places limits on additions fees that can be charged
    - There are a number of reasons for contract to be found invalid or unenforceable.

    I strongly suggest you contact an attorney in your area that has experience in commercial transaction law. That attorney should be able to look over the contract and advise you appropriately.

    Good luck!

    *** If you like my answer, please mark it as the best answer.
    Sincerely,
    C. Curran Coulter II, J.D.
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Office: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

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  • Appealing a divorce with children

    My wife abandon my son and I and went into hiding, after about 8 months I filed for divorce, we put a notice in the news paper for 3 months with no response, I was awarded full custody, now 3 years later she's pissed off and is threatening to appe...

    C.’s Answer

    Appealing is not the only way to change a judgment. However, she can't just change a judgment instantly. If and when she does file for a change (such as a modification) to the existing judgment, you would benefit from contacting an attorney to help with the ensuing legal proceedings. Custody issues can become complicated and an experienced family law attorney will help you put together a strong case.

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Phone: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

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  • Court has decreed that Ad litem should be in charge of acquiring passport for minor child of divorce .

    Now ad litem has sent the mother paperwork for her to sign to acquire said passport . The mother assumes that beings the court has given the ad litem this power , she should NOT have to sign for it . She does not want to be a responsible party ...

    C.’s Answer

    Contempt of Court in Missouri is defined in RSMo 476.110 as: "Acts constituting contempt of court.
    476.110. Every court of record shall have power to punish as for criminal contempt persons guilty of:
    (1) Disorderly, contemptuous or insolent behavior committed during its session, in its immediate view and presence, and directly tending to interrupt its proceeding or to impair the respect due to its authority;
    (2) Any breach of the peace, noise or other disturbance directly tending to interrupt its proceedings;
    (3) Willful disobedience of any process or order lawfully issued or made by it;
    (4) Resistance willfully offered by any person to the lawful order or process of the court;
    (5) The contumacious and unlawful refusal of any person to be sworn as a witness, or, when so sworn, to refuse to answer any legal and proper interrogatory."

    If you are concerned about the father leaving the country with the child, talk to your attorney (if you have one) about filing a motion to prevent the father from doing so. If you don't have an attorney, I would suggest contacting one. A Dissolution involving children or a Paternity Action can be complicated to take on by yourself.

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Phone: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

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  • How can I get a custody case stopped?

    I have had custody of my daughter for the last 14 years, my ex husband is now seeking sole custody of our daughter saying that she wants to live there. Our daughter told me that her father & his wife forced her to say that she wants to live there ...

    C.’s Answer

    There are two types of custody: Legal (which deals with making important decision that affect the child) and physical (which deals with where the child lives). It sounds as though you are concerned about physical, however, both may need to be addressed depending on your situation.

    Changes to custody must either be by consent (of you and your ex - not that of your daughter) or court order. To do so by court order, he must meet the burdens required for a modification. If you have been served with paperwork, it is important to act quickly. Talk to an attorney that has experience in family law. They will look at the facts specific to your situation and help you put together a strong case that would better prevent any changes to your current custody agreement/parenting plan.

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Phone: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

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  • How should I be using AVVO?

    I just figured out how to access my profile - now what?

    C.’s Answer

    After claiming your profile, you can add/edit the information on it and answer questions posed by the public.

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Phone: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

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  • How many times can you request a continuance on a trespassing ticket?

    I received a ticket for trespassing in Missouri. It was mailed to me so the only officer I spoke to was the one that called to verify my address and he wouldn't let me ask questions. I went to court and asked for a continuance. I then went to o...

    C.’s Answer

    Continuances are granted at a Judge's discretion. I would consider hiring an attorney to help guide you through this process. They will be able to help you present a better case and gather all the appropriate information.

    Sincerely,
    C. Curran Coulter II
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Phone: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

    See question 
  • At age 17 I was charged with pocession of a control substance in school grounds. How likely would it be to get it reduced?

    It was my junior year in high school and I was taking pills to lose weight. The only problem was that they were prescription pills and I didn't have a scrip.

    C.’s Answer

    There are numerous factors that must be considered to answer this question - such as what the substance was, which court is hearing this matter, who is the judge, who is the prosecutor, how much of the substance was present, etc.

    I strongly suggest contacting an attorney to review all of the details and work on your behalf in negotiating with the prosecutor.

    Sincerely,
    C. Curran Coulter II
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Phone: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

    See question 
  • In adversary proceeding for Ch 13 bankruptcy , judge did not include all evidence submitted . What can be done ?

    Judge did not include all the evidence in reasoning , perhaps inadvertently - stating divorce decree was not included and ruled to dismiss adversary proceeding . What can be done to show this was overlooked for some reason by the judge ?

    C.’s Answer

    I agree with Mr. Burgess concerning the actions that are now available to you. I would like to add that both actions must be taken within a certain time period, so it is important to act quickly.

    Sincerely,
    C. Curran Coulter II
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    Phone: (314) 721-1116
    Fax: (314) 725-1026

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

    See question 
  • Where would I go to find case history results in my county of divorce settlements in regards to maintenance?

    I am wanting to find if maintenance is generally provided for a specific time frame or is it generally awarded without an end date. My former spouse is now gainfully employed and has been for the past 3 years. I want to know if I have grounds to g...

    C.’s Answer

    Maintenance can be changed through a modification of the judgment ordering the maintenance. The Missouri modification standard is set forth in RSMo 452.370. Caselaw would be able to further clarify what qualifies as meeting this standard.

    Also worth noting, you cannot have a judge order a step-down plan on his own or a plan that has a set end date. Those type of plans can only be ordered in a settlement of the parties.

    I would suggest contacting an attorney if you are interested in filing for a modification.

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