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Minnesota Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on
Q: Minnesota. Won appeal on a Possession charge. Already in prison. Case was sent back to district court. Now what?

MN declined Supreme Court. Now what??

Sarah Gad
Sarah Gad
answered on Nov 26, 2022

The answer is: it depends. Generally speaking, if a person is convicted of a crime and sentenced to prison for that crime, then it follows that they must be released from prison if the predicate conviction was vacated on appeal. Unless the person was convicted of multiple offenses that carried... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, International Law and Libel & Slander for Minnesota on
Q: needing help with dealing with a uruguayan resident in minnesota.

I have a uruguayan resident cyberstalking me and others for 2+ years, affecting my mental health + work. They started stalking me in early 2020, and i am afraid to have social media accounts so they won’t affect me/my friends anymore. i am a disabled artist and this person has affected my ability... Read more »

Sarah Gad
Sarah Gad
answered on Nov 26, 2022

Unfortunately, it sounds like you have a cyberstalker, and you're not alone. As many as 8% of Americans report being stalked online at some point in their life. In many cases, it's possible to get rid of the person on your own by locking down your social media and other accounts. But if... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: In Minnesota in Sherburne county what does a Level F Federal Hold mean while in county jail
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 21, 2022

I'm not sure about the level F, but the federal hold means that the the inmate is being held on some sort of federal matter - likely either an immigration issue or they are facing criminal charges in federal court.

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can a person get a GSA performance security Bond after conviction of a criminal case in Minnesota

Post convention bail is it possible for a person incarcerated in a Minnesota prison after conviction

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 7, 2022

I'm not sure what a GSA performance security bond is. That is not a term that we use here in Minnesota. Once someone has been incarcerated, the trial court no longer has jurisdiction to set a bond, so I this isn't really going to be an option. That might be different if the person is... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Can I modify a DANCO to where he can attend doctor appointments and talk for the remainder of this pregnancy
Thomas C Gallagher
Thomas C Gallagher
answered on Nov 3, 2022

A Domestic Abuse No Contact Order ("DANCO") is a protective order issues by a judge in a criminal court file. As a result, any change prior to its expiration would have to be made by a judge. A "protected person" can ask the prosecutor to support ending or changing the terms... Read more »

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2 Answers | Asked in DUI / DWI, Traffic Tickets and Criminal Law for Minnesota on
Q: If you get a driving violation in one state is it legal for another state to take you to court

So the story goes. I get stopped by a cop in MN at around 8pm. The cop asks have I been drinking, being a scared kid I answer that I had a shot of alcohol that very morning, but that was like 12 hours prior. The officer has me step out of the vehicle to do a sobriety test and of course I'm not... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 2, 2022

There aren't enough facts here to intelligently answer your question. You should contact an attorney directly. But this seems like an unusual situation in the abstract.

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2 Answers | Asked in DUI / DWI, Traffic Tickets and Criminal Law for Minnesota on
Q: If you get a driving violation in one state is it legal for another state to take you to court

So the story goes. I get stopped by a cop in MN at around 8pm. The cop asks have I been drinking, being a scared kid I answer that I had a shot of alcohol that very morning, but that was like 12 hours prior. The officer has me step out of the vehicle to do a sobriety test and of course I'm not... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 2, 2022

I'd suggest you call a criminal defense lawyer on the phone to discuss. There are conceivable scenarios where an Iowa court action could in some way relate to a previous DWI stop in Minnesota. When you call a lawyer, you can provide more related information, which will help the lawyer narrow... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: MN took too long to charge me and video evidence proving my innocence was recorded over. Dismissal of charges or what?

I was charged with a felony for wiping blood on a police officer, but the video surveillance from the hotel I was at proving my innocence was recorded over, because Minnesota took so long to finally charge me with this offense, and now I have nothing to use against them for my defense, because the... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 30, 2022

The defense can spotlight the defendant's right to exculpatory evidence, including the preservation of evidence. However, the court will likely distinguish between evidence in the possession and control of the police-government vs other evidence in the possession of others. Much has been... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: I stopped blood on a police officer after being jumped. Can they still charge me for doing so?

F

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 17, 2022

Normally, voluntary intoxication is not a defense to a criminal charge. But it can have an impact on the way a case is viewed. It's important to get a good criminal defense lawyer on your side, looking at the available police reports and videos, after hearing form you about what you know.... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Hello So, can person be charged in Minnesota with double murder if he/she kills a pregnant woman and the fetus dies?

Does it matter the stage of pregnancy?

Thanks

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 15, 2022

See:

2022 Minnesota Statutes Section 609.266 DEFINITIONS.

"The definitions in this section apply to sections 609.2114, subdivisions 1 and 2, and 609.2661 to 609.2691:

(a) "Unborn child" means the unborn offspring of a human being conceived, but not yet born....
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2 Answers | Asked in Criminal Law for Minnesota on
Q: Judge put a warrnt out for pro bat violation for not reporting . I wasn't reporting because I got secret indictment was

Incarcerated at the time and another County so what happens when I go to court on the probation violation

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 11, 2022

The violation will likely be dismissed if you can actually establish that you were in custody when you were supposed to be reporting. You cannot be violated if you were unable to comply with probation because you were incarcerated.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m been charged with a felony assault charge; and the prosecution is considering reducing charges.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 23, 2022

There isn't a question here. Call an attorney directly to have a discussion about what issues you are dealing with.

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2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: is it illegal to be underage and high, even if i have nothing on my person/car/property
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 21, 2022

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 »

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1 Answer | Asked in Criminal Law, Personal Injury, Arbitration / Mediation Law and Civil Rights for Minnesota on
Q: Can I sue the hotel after a violent robbery

No phone in my room to call 911 and hotel was understaffed

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 19, 2022

Yes.

2 Answers | Asked in Criminal Law, Traffic Tickets and Municipal Law for Minnesota on
Q: I was stopped arrested in my affidavit says a citation was issued I was not given a copy of said citation

Or given opportunity to sign the citation

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 18, 2022

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 »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Who is the person that writes the criminal complaint and where did the information cone from

And what if the person that complaint is about disagrees with it then what?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 16, 2022

A prosecutor typically writes the criminal complaint and the information is generated from the police report. If the subject of the complaint disagrees and is charged with a crime, the defendant can file a probable cause challenge or set the matter for trial.

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2 Answers | Asked in Criminal Law and Personal Injury for Minnesota on
Q: I was being wrongfully accused of trying to kidnap a baby. I spit at a girl and she punched me. Only I’m being charged?

I was knocked down into a wooden barrel and the ambulance had to come. This was at a wedding. The mother of the groom came over and threw her glass of wine on me as I lay there defenseless. I understand that I instigated it by spitting at the girl but she was screaming and telling people that I was... Read more »

Lucas Wynne
Lucas Wynne
answered on Sep 6, 2022

Although you could potentially ask that they file charges against her, what you're really doing is making a report to an officer regarding potential criminal behavior and the prosecutor is left with discretion to charge a crime or not. The issue, of course, is that prosecutors oftentimes will... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Theft

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 »

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 29, 2022

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 »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Is taking my dad hand off of me called assault

He is very proud of the fact that he can push me

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 28, 2022

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 »

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