Legal Question in Criminal Law in Missouri

I have had a returned check for $25 in july 08 to a doctor office I went to the doctor in jan 09 the office told me I need to take care of this check before I am seen all I had was $25 on me. They said well we will put this toward the check and bill you the insur. copay of $25. I seen the same doctor 4 times recently after this occured. I just moved to kansas in july and I was applying for a corrections officer job. I needed documentation of past criminal offences showing none effective I found out I had a warrant for my arrest failure to appear for the check I supposedly paid I went to court and explained this to the court the prosecutor says who cares you have two prior offences two days in jail or two years probation so I lost the corrections job opp. I plead innocent to check on getting a lawyer the lawyers wanted $2000 retainer and said all they could get me was 2 years probation so I got a statement from the doctor to show the date I paid the check it didn't show it but the doctor office wrote a letter and sent it to the prosecuter stating it was a misunderstanding. I went to court and tried to plea my case and the prosecuter said I dont care how many times you paid the check you wrote it so you get two years probation. I had to plead guilty they recorded me waiving my rights to a attorney I didnt know what to do this is a crooked system the judge hardly never goes against what the prosecuter says or does. How can I overturn this I am broke from all this I am layed off from my work I almost had a job this case stopped that. I have four kids and a wife we barely make it due to all this I am a full time student trying to get a degree to help me get a good job. In this economy my probation requires me to work 20 hours a week plus go to college full time and on top of that I have 20 hours of community service I have to pay $80 to do I need help and dont know who to ask I am gonna have to quit school and take a job that I wont make enough to provide for my family does anyone know where I can turn please help me!


Asked on 9/16/09, 11:01 am

1 Answer from Attorneys
Anthony Smith LawSmith

You did nto mention whsih county your case is in. It may yet be possible to seek to have your guilty plea set aside. You might then have to have a trial. The doctor's office will not likely testify, so you might win at trial. The rub is that the legal fees to do this can be a bit expensive, as you have found out. Perhaps you could start taking some of your classes online. This might free you up to be with your children when you would otherwise be in class. This might free your wife up to obtain outside employment. When she is home, you can go work your twenty hours somewhere. If you are indigent, you might be able to plead your poverty to the court, and get them to waive the $80 fee.

Good luck

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Answered on 9/16/09, 4:29 pm


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