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  1. #1

    Default 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.

  2. #2
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    Default Re: Domestic Violence and Persistent Offender Charges

    Quote 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?
    No.
    Quote Quoting Junior1
    Is that a crime to say that?
    No.
    Quote Quoting Junior1
    Do you think it could work?
    No.

  3. #3

    Default Re: Domestic Violence and Persistent Offender Charges

    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?

  4. #4
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    Default Re: Domestic Violence and Persistent Offender Charges

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

  5. #5

    Default Re: Domestic Violence and Persistent Offender Charges

    Quote Quoting Disagreeable
    View Post
    I would follow your lawyers guidance and delay proceeding until there is a less aggressive prosecutor on your butt.
    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.

  6. #6
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    Default Re: Domestic Violence and Persistent Offender Charges

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

  7. #7

    Default Re: Domestic Violence and Persistent Offender Charges

    Quote Quoting Dogmatique
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    Believe it or not, your post history IS relevant here.
    Never said it wasn't relevant.....just said I figured people wouldn't remember. Bad day?

  8. #8
    Join Date
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    Somewhere near Canada
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    35,894

    Default Re: Domestic Violence and Persistent Offender Charges

    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

  9. #9
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    Default Re: Domestic Violence and Persistent Offender Charges

    Quote Quoting Junior1
    View Post
    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.
    I understand your distrust in lawyers but once a Da charges someone,they don't just drop the charges easily. I've been to court on trump up charges and it seems ridiculous how long the whole process took. In the end it was worth all the time,to get myself a reasonable solution. It sucks putting your life on hold but if waiting gets these charges dismissed,or increases the likely hold then it's better to be patient.

    Sometimes a lawyer just wants to plead things out,just be polite but firm. I'm 100 percent innocent and I especially don't want DV or a violent charge on my record. A reduction to a misdemeanor is better then a Felony,you don't want a DV conviction on your record. If the current DA is difficult then it's better to deal with a new one.

  10. #10

    Default Re: Domestic Violence and Persistent Offender Charges

    A misdemeanor DV though is almost as bad as a felony. I wouldn't have been able to ever own a firearm again, and they could have sentenced me to a year in jail......that's if they hadn't tried me as a Persistent Domestic Violence Offender. If they had, even the misdemeanor would have made it a Class A Felony and I would have went straight to prison. And this is something my lawyer was trying to talk to me into. So yea, saying I have distrust in my lawyer is putting it very politely. This is why I'm very uneasy about waiting the two more months for the new DA to come in, just bc she believes this "should" be dropped bc it should have been a civil matter in the first place.

    - - - Updated - - -

    Quote Quoting free9man
    View Post
    Google the code section you are being charged under and read away.

    Well I've read that section and I'm not seeing where it talks about if that is added to your charge how it would play out if it's an obvious error.

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