Legal Question in Criminal Law in Missouri

Guilty until proven innocent?

I live in a small town. The grade school is right across the street, and the telephone pole and phone box is on the corner where my house is. Me and my wife are being accused of feloney theft of phone service in the amount of $180 ,by tapping into the phone box on our corner and crossing wires into ours which would enable us to use our phone to make long distance phone calls on the schools phone bill. We each had a $10,000 dollar bond to post which was $1000 each to the bails bondman, my wife did volunteer work at the school and made unauthorized phone calls which was wrong but not to this extent, the cost of all this is forcing us into bankruptcy and it seems I can't prove i'm innocent of stealing, I'm afraid if I can't prove i'm 100% innocent it's looks like i'm guilty so i will be in court also. I have two kids and can't goto jail, but it feels like it's heading that way. It feels like I'm guilty because I can't prove I'm innocent, I need some opinions on this case as far as my chances are of winning. 50miles away a man is being charged of stealing $25,000 and only had to post a $5000 bond ,i am charged with stealing $180 and have to post $10,000.


Asked on 2/23/98, 12:31 am

2 Answers from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Can't get rid of criminal debt in bankruptcy

You can't get rid of a debt incurred because of criminal activity. You could get rid of your atty fees.Without knowing more of the facts AND becauseI'm not a lawyer in your state, I dare not say more. I will make observation though of one fact and that is, is theftof $180 a felony in your state.That seems low. Or is because the crime involves phone lines and calls acress the state line that make it a felony?Curious. Luck!

Read more
Answered on 2/25/98, 8:44 pm
Darla Mondou Mondou Law Offices

Bill of Particulars

I also am not a lawyer licensed in MO. Do you have an attorney? Do you qualifiy for Court appointed public defender? If yes, don't hesitate in using a PD, you need to find out some more information about the charges. You are entitled to know the exact acts that you are being charged with. The dates, the times, etc that they claim you used the school's line. This is required, for you can't be prosecuted for a vague, unspecific charge. In MA I would file a Bill of Particulars making the Commonwealth provide me with the exact facts that are alleging form the basis of the crime.

If you the money, get a lawyer. I can find out if the crime is a felony or a misdeameanor. It may be a felony because the victim is the "state".

Darla J. Mondou, J.D., [email protected]

Read more
Answered on 2/26/98, 7:04 am


Related Questions & Answers

More Criminal Law questions and answers in Missouri