Assuming a criminal trial, if the defendant "loses" a trial that would presumably mean a guilty verdict. If the judge accepts the guilty verdict, the court (judge) would then have sentencing jurisdiction over the defendant, and would schedule a sentencing hearing, among other things.
I have a Minnesota driver license with no violations. I'm a MN resident but while traveling in IL was issued a speeding ticket in IL. Illinois offers 'court supervision' and attend a 4 hour safety course which IL says would keep my record clean for insurance.
In Minnesota, if a person is "convicted" of a driving-related offense, then the Court Administrator will "certify the conviction" to the Minnesota Department of Public Safety, which in turn would then place the conviction on the Defendant's Driver's License record. So...Read more »
He supposedly burn down a porta potty on accident but they didn’t tell him or me about the court date that mad him miss it the cop that arrested him didn’t do it by the book made sure my son went into a meltdown where he blacked out and turned it on him saying my son was trying to hit him or... Read more »
We would need more information about the case to be able to answer that. Has the person been charged with either a state or federal crime already? Have they appeared in a state or federal court yet? Etc.
They did a DNA swab for a gun and had the swab on the hood of the cops car collecting dust. They did a test for drugs and it came back inconclusive. They had 3 different search warrants every time they found something. And it looks like they forged the judges signature. They found the gun in the... Read more »
Police lawfully entering on an arrest warrant, likely will be found to be able to lawfully seize evidence of a crime or illegal items they observe, assuming they looked where the person could be. There may be limits, however, that your lawyer could use to argue to a judge that the search was...Read more »
Assuming a person is on trial for a criminal charge involving possession of a firearm, the prosecutor might have more evidence of possession, in addition to DNA evidence. But if the trial proceeded without the state's DNA evidence having been analyzed by a lab scientist yet, that situation...Read more »
It may depend upon the facts and which law(s) police & prosecutors imagine were violated. In Minnesota, depending upon the Indian Reservation, there could be tribal, federal or state prosecution. Call a lawyer on the res. to discuss.
Prosecutor changed original offence date of witness after making plea deal to match date that the defendant alledgedly committed offenses so witnesses testimony in court would be valid.I have both court documents showing date was changed immediately after plea deal was made.
A criminal Complaint is a charging document, prepared by a prosecutor making factual claims the prosecutor must prove at trial to avoid dismissal or acquittal. The prosecutor can amend their Complaint, until the beginning of the trial. If a witness makes contradictory statements of fact, the...Read more »
More than one possibility. Here's one: a search warrant is executed at someone's house. As a result, someone is arrested and booked into jail on "probable cause" (since a prosecutor has not had time to draft a Complaint). That person might be released with hours without bail,...Read more »
Sounds like a jail roster, where the jail is tersely explaining why the person was booked into jail: on "probable cause" Controlled Substance Crime 5th Degree. "Hold without bail" means the person can be held longer without being charged or released without bail. Alternatively,...Read more »
Here’s the scenario; I’m in a friends car, my friend is driving and my friend runs a red light or breaks some type of law and we get pulled over. the cop ask for the My friends drivers info and then comes back and asks for my identification do I have to give it to them even tho I haven’t done... Read more »
In Minnesota, you generally don't need to carry or show proof of identity to police. But there are legal exceptions, such as the requirement of showing a drivers license is driving. A passenger need not bring an ID, and can refuse to show an ID to police if they have one on their person. In...Read more »
A police officer executing an arrest warrant may go into a place where the person named in the arrest warrant is, such as a person's home. While lawfully there, they might observe illegal contraband. If so, a judge may rule that their seizure of that evidence was lawful. But, a criminal...Read more »
My boyfriend and I got pulled over while in a Uber. The driver ran red light cop took his info. The officer came back asked me and my bf our names My boyfriend gave them a fake name because we have an protection order. The cop said “she has a protective order w John”. The cop went to his car... Read more »
Assuming a lawful stop of an Uber driver, can police lawfully ask a passenger for identification information? Generally, yes - unless the detention was unreasonably prolonged or intensified. Can the passenger refuse to provide that information? Generally yes. However, in my experience at least...Read more »
Are officers required to acquire consent of the home owner and/or property owner, whom is not the individual indicated by the search warrant, to open locked containers within the area described by the warrant to be searched, and are they required to unlock and open said containers in the presence... Read more »
The answers to those question will depend upon the facts and evidence in the case. The criminal defense lawyer should gather all of that, and then analyze it under the law. I can tell you that I have won cases based upon a police search going beyond the scope of the search warrant. But these...Read more »
Telling the defendant? I would normally make a discovery demand for criminal history and impeaching information on witnesses for a Minnesota prosecutor. The defense can also investigate prosecution witnesses independently.
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