Possibly, but that may depend upon more information than contained in the written question. Generally a Probation Officer in Pretrial Release Services would make the initial call (to request that from a judge), and they would have more information. For example, is the urine test positive for... View More

If a person is facing a criminal charge, it's time to get help from a criminal defense attorney - either public defender or private criminal attorney. Once that happens, your attorney will have access to police reports, videos, etc, as well as legal papers related to the case. At that point... View More

In Minnesota, they do not actually have to charge you to arrest and hold you in jail. If the police officer believes they have probable cause to make an arrest (probable cause is a very low standard), they can hold you in jail for up to 48 hours without charging you. If they do not charge you... View More

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answered on Jan 1, 2024

In Minnesota, the legality of your arrest depends on whether the police had probable cause at the time of the arrest. Probable cause refers to a reasonable basis for believing that a crime may have been committed. If the police had probable cause to believe you committed third-degree assault at the... View More

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answered on Dec 25, 2023

If you feel that your court-appointed attorney is not adequately representing you and there is a breakdown in communication, you have the right to address this issue. Here's what you can do:

Document Everything: Keep a record of all interactions with your attorney, including dates,... View More

I am sorry to hear that your public defender is not responsive to you. The Sixth Amendment guarantees every person charged with a crime competent legal counsel, so if your lawyer is not answering your questions or providing you with information about your case, then they might be violating your... View More

A client of a Public Defender who wants a different public defender, may be told that they do not have a right to choose their public defender, though they do have the right to choose their private attorney. But, sometimes the Public Defender's Office will provide a replacement. This could... View More

The description is not completely clear. If a person is on pre-trial release on two criminal cases in another state, and then gets a new criminal charge in Minnesota, it seems highly unlikely that the out-of-state court(s) will not eventually find out about the newer Minnesota criminal case. As a... View More

No, there is not going to be a way to attend the other hearings and keep them secret. First, the fact that he is charged in another state is already public information. Second, he is going to have to ask for time away from the ankle monitor to attend those out-of-state hearings, and the home... View More

There is no such thing as a petty theft. The theft charge is either a misdemeanor, gross misdemeanor or felony. But no theft charges start out as a "petty" theft. I would tell you that a theft conviction is going to have long term consequences for you - especially for employment and... View More

Based on the facts that you provided (that you are a 1-time offender charged with a petty misdemeanor) you won't face jail time. You can just state you plead guilty to take accountability for your, establish a factual basis for the guilty plea (explain to the judge why you what happened and... View More

Facing a criminal charge is a difficult experience. Especially in domestic assault cases, I suggest looking at both long term and short term problem-solving. The long-term is most important, of course. And the trigger for most long-term consequences is "conviction." So a good goal may... View More

It is imperative that you maintain no contact with your mother while the no-contact order is in effect. Only the judge can lift the no contact order through a motion or request by the victim's advocate. Typically, a hearing will be held on the matter. Sometimes that judge will just issue an... View More

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answered on Nov 23, 2023

In cases involving a misdemeanor charge, such as domestic assault, the impact on immigration processes can be significant. For someone in the process of obtaining legal status, a criminal charge can pose challenges, potentially affecting the outcome of their immigration application.

The... View More

Most people facing a misdemeanor charge would like to prevent a conviction record. It will require appearing in court, until resolved. To get the best outcome possible, you'll need help from a criminal defense lawyer. So your best next step would be to contact a criminal defense attorney... View More

I've seen a witness statement used as probable cause to detain. But I have also challenged whether such a witness statement actually supported probable cause, after the detention, in front of a judge. That issue should be evaluated in light of all available evidence and pretrial discovery,... View More

A person facing a theft charge in court needs help from their own criminal defense attorney. The prosecuting attorney has no personal knowledge, and is prosecuting based upon what they've been told. So, the legal process requires perseverance, patience, and sustained effort over time, in... View More

Normally the police and-or prosecuting attorney get reports form the Minnesota BCA lab after they send in a sample for testing. Then after the prosecutor gets the report(s) form the Minnesota BCA lab, they can forward a copy to the defense attorney.

A family court "Order for Protection" (OFP) restrains only one of the two parties, upon pain or arrest and criminal charge for a violation. An OFP restrains the Respondent not the Petitioner. But in the event of mutual OFPs, both parties could be restrained. Read the OFP itself for clarification.

Other way around. An "Order for Protection" ("OFP") in Minnesota will have a Petitioner and a Respondent, the two parties in the case. The only person who can be arrested and charged with a crime for violating the terms of the OFP, will be named in the OFP, and typically that... View More