Domestic Violence and Persistent Offender Charges

My question involves criminal law for the state of: Missouri

Ok so I was here a long time ago, but I'm sure you can't remember all of the things I've said before so I'm going to try and summarize very quickly before I ask my question.

and please don't dispute the things I say as fact or fiction, and assume everything I'm saying is true and base your answer to my question knowing that please.


Summary

I'm being targeted by the DA and the police liaison of the town bc of my certain style but completely legal business that I run. I've had my shop open 16 months, and I've been pending two felonies for eleven of those months. The charges are

-----Domestic Assault - 2nd Degree-Persistent Domestic Violence Offender Pursuant To Sec. 565.063 { Felony C RSMo: 565.073 }

-----Robbery - 2nd Degree { Felony B RSMo: 569.030 }

yes those are terrible charges, but they're both completely fictitious I promise you.

I'm out two thousand dollars for posting bale on a 20,000 two felony warrant. I've already paid my lawyer three thousand. I've shut my business down eleven times so that I can go to court. I haven't been able to get my ATF license which has been holding one in particular business of mine back, and the main thing I'm upset more than anything is that status of being a (Persistent Domestic Violence Offender) which is public information on the internet. That is a very obvious mistake and it's even proven in the states evidence of my criminal history that they've presented.

My lawyer has already on multiple occasions tried to talk me into a deal that would have dropped the robbery charge and made the assault felony a misdemeanor. I was very upset that she ever even mentioned that deal to me based on the evidence (and the fact she hasn't given depositions to anyone) and then I was very very upset when I found out what would have happen if I had plead guilty to a domestic assault misdemeanor and been given my judgement as a persistent domestic violence offender.

After my own research and realizing the true nature of that status of a persistent offender, I have been staying on her about checking as to why they put that on my warrant, but more importantly to get them to take that off the internet. I hand out business cards everyday, and that obvious and careless error is very damaging to my reputation. This is the last thing she sent me in an email regarding this.

"The prosecutor will not amend the charge or revise the charge (even if it is incorrect) until this matter is resolved completely." ......

I have court next week, and as it sits right now my lawyer believes we should just keep pushing it off until January when the new DA comes in and then he'll "probably" just drop it based on how ridiculous it is. That's two more months on top of the already 11 for a "probably".

Every other lawyer I've talked to wants five thousand dollars, and not only can I not afford that right now, but I'm not giving thousands of more dollars away just to find out they're just as corrupt as my current. So new lawyer is not an option right now.

So here's my question.... do you believe I have plausible grounds to tell my lawyer before my next court appearance that if the state doesn't drop this that I'll be taking legal action against them for slander and prejudice when this does get resolved?

Is that a crime to say that? Do you think it could work?

If you have any questions before answering feel free to ask.

Thank you in advance.

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Quoting Junior1

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So here's my question.... do you believe I have plausible grounds to tell my lawyer before my next court appearance that if the state doesn't drop this that I'll be taking legal action against them for slander and prejudice when this does get resolved?

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No.

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Quoting Junior1

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Is that a crime to say that?

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No.

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Quoting Junior1

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Do you think it could work?

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No.

Ok.... well if my charge has me listed as a Persistent Domestic Violence offender, and I've never been alleged of one, then there is no way they could find me guilty of that charge then right?

I would follow your lawyers guidance and delay proceeding until there is a less aggressive prosecutor on your butt.

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Quoting Disagreeable

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I would follow your lawyers guidance and delay proceeding until there is a less aggressive prosecutor on your butt.

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You're probably right. My lawyer doesn't seem to want to try and push him to do anything, but I don't see why he wouldn't just drop it as it's obviously wrong and he only has two more months in office. It's pretty terrible the way things can be done to someone who's done nothing wrong in the eyes of the law, yet still be at their mercy.

Believe it or not, your post history IS relevant here.

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Quoting Dogmatique

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Believe it or not, your post history IS relevant here.

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Never said it wasn't relevant.....just said I figured people wouldn't remember. Bad day?

Bad day? Dude. My football team just royally spanked two of its biggest rivals. I'm a-floating down the River Of Gloat until at least Sunday ;)

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Quoting Dogmatique

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Bad day? Dude. My football team just royally spanked two of its biggest rivals. I'm a-floating down the River Of Gloat until at least Sunday ;)

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Nice.



So can anyone tell me if they have the "Persistent Domestic Violence Offender" thing on my charge behind assault, and since that is obviously wrong, then does that mean they shouldn't be able to get the assault charge a guilty verdict in any sense...... ?

Based on a quick read of the statute and going off what you have told us, I would say they will have a difficult time.

It's just a matter of what evidence they present to try and support it.