A: At your initial appearance before a judge, the judge is required to appoint a lawyer for you if a conviction for the offense you are charged with would probably result in confinement and if you are shown to be indigent (i.e. unable to hire your own counsel). See Missouri Supreme Court Rule 31.02(a). In this regard, the case for dismissal may be not so much a result of the judge failing to ask you what your plea was to the charge(s), but rather a result of the judge failing to appoint a lawyer for you for purposes of entering into the plea. Please keep in mind that you are at risk of having waived certain time-sensitive rights, such as the right to change of judge and/or change of venue, which
you can only properly consider after consulting with your lawyer. Unfortunately, you will lose these rights if you do not make these requests within 10 days after entering your plea. I would urge you to consult with an attorney immediately on this issue. ... Read More
A: Under Missouri law, a defendant can ask to withdraw his guilty plea if he can show that he was misled or induced to enter a plea of guilty by fraud, mistake, misapprehension, coercion, duress or fear. There are generally no time limits for filing a Motion to Withdraw a Guilty Plea under Rule 29.07(d), but keep in mind that if you pleaded to a felony, than your relief might be limited to Rule 24.035, whereas if you pleaded to a misdemeanor, then your only avenue for relief would be to file a motion to withdraw your guilty plea under Rule 29.07(d) because relief is not available under Rule 24.035 for misdemeanor offenses. You should consult with a different attorney to explore your options to
possibly withdraw your guilty plea. ... Read More
A: The statute of limitations in Missouri for any misdemeanor is one year. The offense for making a false report in Missouri is a class B misdemeanor. Therefore, the statute of limitations for this offense in Missouri is one year.