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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117370
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have been charged with. A misdemeanor a for violating a adult

Customer Question

I have been charged with. A misdemeanor a for violating a adult protection order in missouri was wanting to know my chances of fighting this to prevent jail time
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Is this your first alleged violation of the order?

Did you knowingly violate the order and does the other party have actual evidence of the violation?
Customer: replied 4 years ago.

Yes she has evidence and no I was sleeping and apperently had sent a draft text that was in my phone to her say plz dont put me in jail I woke up to the cops at the door and went I. For a 24 hour hold. I didnt even know what I had sent when I went In for the hold

Customer: replied 4 years ago.

Yes this is the first alleged violation

Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your response.

The court will not buy that the text was sent while you were asleep unless you provide some proof of how that can be done. If you can provide actual proof how it can be done and how you sending the draft was not intentional then this is a defense. Additionally, the good news is that as all this violation consists of is a text and no physical contact, the courts on a first violation are more inclined to fine you for the violation and not issue any actual jail time other than the time you have already served upon your arrest.

Thus, it is highly unlikely you will see more jail time for this incident, even if the court does not find that you sent the text unintentionally, based on the severity of the violation being very minor.

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