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Kansas City Law Guide: Understanding Your Legal Rights in Missouri

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KCMO NEWS - Law - May 21, 2015
Law Guide
KCMO NEWS
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You reside, work, or travel in Kansas City, Missouri. You want to know your Missouri legal rights. This guide enables you to read about relevant laws, how the courts work, and where to seek assistance when you need it. This is not a substitute for guidance from an attorney. You need to discuss your case with an attorney.

1. How Missouri Law Works in Kansas City

Missouri statutes, the Missouri Constitution, and court judgments make up Missouri law. Local ordinances are present in Kansas City but are not necessary to be in conflict with state or federal law. City litigation, city contracts, and Kansas City local ordinances are managed by the Kansas City Law Department. Violations of city ordinances are enforced by Kansas City municipal courts.

kcmo.gov

2. Your Civil Rights: What Protections You Have

Freedom of Information: Sunshine Law

The Missouri Sunshine Law welcomes you to records and meetings of most government activities. Public bodies must readily permit inspection or copying. If a body denies your request, you can sue that body in Court. The statute also prescribes penalties of up to $5,000 for willful violations.

Equal Protection & Discrimination

Both Missouri and federal law prohibits discrimination in public accommodations, employment, housing and education. If you feel you are being discriminated against illegally, you have the right to bring suit against the Missouri Human Rights Commission or a state agency.

Free Speech & Protest

You have the right to speak, write, or protest peacefully. Time, place, and manner may be regulated by local rules—but not your right.

Search, Seizure & Privacy

The U.S. and Missouri constitutions protect you from unwarranted searches or seizures. The police generally require a warrant or probable cause.

3. Employment & Workplace Rights

At-Will Employment

Missouri is an “at-will” state, which means you and/or your employer can leave work at any time for any legal reason. You cannot be terminated for unlawful reasons such as discrimination, retaliation, or whistleblower’s activity.

Wages, Overtime & Breaks

Federal and Missouri law entitle you to minimum wage and overtime. Missouri’s minimum wage is higher than that of the federal government. You are entitled to bring a lawsuit if you are misclassified (as an example of being an independent contractor) or wrongfully denied overtime.

Workplace Safety & Harassment

You are entitled to a safe workplace. Harassment, hostile work environment in the workplace or retaliation may be illegal. Talk to a labor lawyer if your rights have been violated.

4. Criminal Justice & Your Rights

Arrest & Detention

Rights if arrested by police: say nothing, talk to an attorney, and be told you are being charged. You may not be held without probable cause. If illegally held, you may suppress evidence or sue civilly.

Municipal Offenses

Local offenses (city code and traffic citations) are adjudicated at the Kansas City municipal court. You can represent yourself or hire an attorney. Courts offer “self-help resources” to aid citizens.

Expungement (Sealing of Records)

Sealing (expungement) of some criminal convictions or records is allowed in Missouri. Once expunged, the record is suppressed from the public. Not all convictions. Call a lawyer or use a legal clinic to see if one is qualified.

5. Family, Marriage & Reproductive Rights

Marriage & Same-Sex Rights

Legalization of same-sex marriage in Missouri is established under a U.S. Supreme Court decision. Spousal benefits, taxation, and inheritance are granted through marriage rights.

Divorce, Child Custody & Support

Divorce, child custody, adoption, and support are addressed under Missouri law. Support calculation, property division, and timeframes are governed by state laws and the court procedures.

familylawheadquarters.com

Disputes usually involve court hearings or mediation. Reproductive Rights & Abortion. Missouri constitutional amendment 3 grants Missourians reproductive rights, including abortion at fetal viability. Legal challenges for some restrictions still linger, though. Abortion services have resumed in Kansas City clinics under the new legislation. If you require abortion services, consult legal or medical professionals to verify eligibility and regulation.

6. Consumer, Housing & Debt Rights

Rental Housing & Repairs

Landlords must ensure safe, habitable conditions. Tenants can do the repairs for major issues or, in certain situations, withhold rent (but first talk to legal aid). Missouri courts can permit tenants to sue or seek relief.

Debt Collection & Credit

There are anti-harassment and abusive collection practice laws. You can challenge invalid debts. You can sue in small claims court or district court if there is a violation of a collection law.

Contracts & Agreements

Agreements are generally enforceable at law, except if not in writing. Big deals, though—like the sale of real property—have to be in writing. Read to the end before signing. Ask questions. Don’t sign on blank lines.

7. Pleading for Legal Assistance & Self-Help Forms

Kansas City has a few options:

  • The city and county courthouse offices may have free brochures and forms (self-help).
  • Free civil legal assistance is provided by Legal Aid of Western Missouri to low-income individuals.
  • Referral services for lawyers are offered by local bar associations and The Missouri Bar.
  • Some law schools or clinics also have pro bono clinics.

If your case is an emergency, you should engage a lawyer earlier.

5 FAQs Most Asked About Rights in Kansas City, Missouri

  1. What do I do if the police pull me over or search my car?

Stay quiet. Request to be let out. Otherwise, you are entitled to a lawyer. Don’t attempt to flee. You are entitled to decline a search (except when police have a warrant). 

  1. Can I seal my Missouri criminal record?

Yes, at times. Only for certain convictions and cases do. An attorney or legal clinic will advise whether you qualify.

  1. What rights do I have if I am discriminated against and terminated from employment by my employer unfairly?

You can appeal to state and federal government agencies if you experience discrimination or retaliation. Otherwise, you have limited rights as an at-will employee to claim.

  1. How do I get public meetings or records?

Request them under Missouri’s Sunshine Law. You have the right to appeal to courts and recover damages if you are denied access.

  1. Is abortion legal in Missouri today?

Yes. Rights to reproduce are guaranteed under Amendment 3 under fetal viability. Some of the laws remain legally contentious, though. Verify through clinics or legal authorities prior to going ahead.

Final Notes

This is an overview of rights under the law in Kansas City, Missouri. The law is evolving. Always check current law or talk with a lawyer.  Your rights are valuable. Use them well.

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