In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an...Read more »
Long ago in Minnesota, police could ask a driver to sign an acknowledgment that they received a copy of a traffic citation. But even then if the driver did not or refused to sign to acknowledge receipt, it made no difference. Today, Minnesota's uniform citation for traffic violations does...Read more »
I'm a bit unsure about the question, since some of the terminology used in it may be different than as used by attorneys. A traffic stop alone is not an "arrest." When a driver is issued a citation by a police officer, that is done instead of an arrest, normally. In any event, you...Read more »
A criminal Complaint is a document prepared and signed by the prosecuting attorney for the jurisdiction prosecuting. It is the normal charging document in an adult, Minnesota criminal case. The facts claimed in the Probable Cause section of the Complaint, are generally taken from police...Read more »
I have recently found out that Target may not come after you for one theft but wait until you've taken enough for it to be a felony. If I am concerned about this, what can I do? Obviously, I will no longer take anything from Target, but what else can I do? Stay away from Target and hope and... Read more »
I've said that one big reason to avoid shoplifting is that a thief can get way with it *most* of the time. And that guarantees that they will eventually get caught, get prosecuted. And this is because getting away with it once increases the likelihood the person will do it again - and so on....Read more »
Under Minnesota's criminal statutes, assault is defined as: "(1) an act done with intent to cause fear in another of immediate bodily harm or death; or (2) the intentional infliction of or attempt to inflict bodily harm upon another." Whether a criminal assault happened would...Read more »
Though viewing a person as deserving of an assault is not a legal defense to a criminal assault charge, evidence that fits Minnesota's requirements for self-defense would provide a defense. If charged with a crime, discuss with your defense attorney.
Depending upon the amount, you could sue in conciliation court to try to get a court civil judgment against the person and collect on it. To my knowledge, courts will refund cash bail only to the defendant.
Most judges would likely say that is "good cause" for a continuance of the trial date. But the defense attorney can renew the speedy trial demand, move for dismissal, or or pretrial release for no or lower bail.
Recently my wife was pulled over for "yielding" through a stop sign when making a right-turn at a 3-way stop (the cross street has a yield so she assumed the same). She said, however, that the cop didn't flash his lights / blare the siren until she was a few miles down the road (she... Read more »
As a general rule, if anyone can do it so can police. In other words, if anyone can lawfully drive down the road behind another motor vehicle, police officers can too. In that circumstance they would not exercising any special police powers granted them by law. Police can lawfully follow a car,...Read more »
Tough to know or say without more information. But the Minnesota Sentencing Guidelines call for a presumptive sentence of a Stay of Execution, which could include up to 365 days in county jail as probationary time. For a defendant with priors, most judges will give more time than the defendant...Read more »
A person represented by a Public Defender does not have the right to replace them with a different Public Defender. But sometimes people either talk to their current Public Defender or their supervisor about it, and get a replacement.
Offices started following me for a wide left turn, which is not a thing since statute in MN does not specify a lane. However then officer saw me cross fog line and pulled me over? Is this a legitimate stop since everything started on the erroneous assumption by the officer that I made an illegal... Read more »
Police justify most traffic stops in two way: violation of (traffic) law; or driving conduct that raises reasonable suspicion of criminal activity (e.g. DWI). If they have either or both, a judge will find the stop lawful. I've won cases where the basis for the traffic stop was...Read more »
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