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In Minnesota, I was pulled over near the North Dakota border after being followed for 2 miles. The officer mentioned a report of a stolen vehicle matching my car's description and said I was suspected of driving 58 in a 55 mph zone. The officer claimed my pupils were constricted, suggesting I... View More 
answered on May 19, 2025
The question mentions facts that could give rise to several defense issues. But to focus on the headline question "police officer suspected driver was on fentanyl or heroin, obtained a blood sample after search warrant, results showed presence of meth. Can this still result in a legitimate DWI... View More
I am on parole in Minnesota and my parole conditions include staying away from mind-altering substances. I have a medical marijuana card to help manage my PTSD and sleep apnea. My parole officer is trying to stop me from using medical marijuana, even though it's not specifically mentioned in... View More
answered on May 11, 2025
See Minnesota Statutes Section 244.05, Subd. 2 (b) (The DOC commissioner may not prohibit an inmate placed on parole, supervised release, or conditional release from using adult-use cannabis flower, or adult-use cannabis products, hemp-derived consumer products, or lower-potency hemp edibles,... View More
If I was reported for driving on a road closed to all but local traffic and there was no accident involved, what are my chances of getting out of a ticket or fine? My Apple Maps stopped guiding me, so I took the only route I knew. There were other drivers on the road, leading me to believe it was... View More
answered on Apr 29, 2025
Perhaps the most important reason to have human police officers conduct traffic stops, is so that they can positively identify the driver on the spot, with a driver's license photo. When a city sends a citation or summons charging a traffic violation where there was no police traffic stop,... View More
I was convicted in 2015 for DUI and fleeing a peace officer in a motor vehicle under Minn. Stat. § 609.487, subd. 3, with a sentence of "stay of imposition." I have fully completed my sentence. Are my firearm rights automatically restored under Minnesota law, and does such restoration... View More
answered on Apr 29, 2025
Step one: Check the Minnesota Statutes definition of felony "crime of violence"Minn. Stat. § 624.712, subd. 5, to see if the crime of conviction is currently listed. If it is, a lifetime loss of civil rights is triggered (unless later restored by court order or pardon). Doing so, it... View More
I was initially arrested for a 5th degree drug charge, which was marked as dismissed on VineLink. No police officer mentioned anything further until they asked me to do a controlled buy, implying that if I didn't comply, they would file the charge again. Now, the same charge has been filed,... View More
answered on Apr 2, 2025
While the answer would depend upon all the facts and circumstances, most police officers pressuring a target to work off a case should know how to do so without giving the target a defense to a subsequent charge. Your lawyer would have access to more information as well as the ability to ask you... View More
I received a citation for shoplifting at Walmart in Hopkins, MN. The citation includes a payment option but does not mention a court date. As this is my first offense, does receiving this citation mean I will be charged in court, or can I just pay the fee to resolve the matter?
answered on Mar 23, 2025
Most people would not want a theft conviction on their public record. If a theft charge was a payable offense, it would result in a public conviction record, though a "petty." You could try to pay it via the Minnesota Courts website "pay fines" tab. But I doubt that it is a... View More
I am charged with theft by swindle, where the plaintiff alleges that I returned a fake necklace. The only evidence they have is a few pictures of me standing by the customer service desk. They lack any expert jeweler testimony, item, or receipts. Can these still shots be used as sufficient evidence... View More
answered on Mar 4, 2025
The question touches upon two legal topics: evidence law and the elements of the crime claimed. A photograph can be evidence admitted into a trial, if properly authenticated, including testimony that it fairly represents what it is purported to depict, as well as being material and relevant to the... View More
I provide professional mover/transportation services and was contacted via text to transport items. I had no idea the items were stolen. Law enforcement has contacted me, but I have not been charged yet. Can I still be charged with theft under these circumstances?
answered on Feb 27, 2025
A criminal statute must have an "intent element." The level of criminal intent varies in different criminal statutes, but some level of intent to do the prohibited act must be proven. For a person characterized by police as a "target," exposure to criminal liability might exist... View More
On February 15th, I was accused of assault by someone who has restraining orders against them from multiple parties and frequently calls the police. An officer came to my house to question me, but I wasn't home, so I later returned his call and left a voicemail. Eleven days later, he contacted... View More
answered on Feb 27, 2025
1. Do not speak with police, at all. Decline any police contacts to speak. 2. Contact a criminal defense lawyer for some help. 3. It can help to try to preserve evidence that might be helpful, such as video of the accuser threatening people with knives.
I was leaving a Kohl's store when I was suddenly confronted by 5-6 police officers who accused me of shoplifting. Although I was not shoplifting, they searched my pockets without my consent and found a small bag of drugs, leading to a 5th degree drug possession charge. I did not hear them read... View More
answered on Feb 24, 2025
A defense lawyer will look at two separate stages of a police encounter: 1. Was evidence collected unlawfully, so that the defense can ask a judge to suppress the evidence? 2. Given the evidence that has survived any defense motions to suppress, does the evidence support probable cause for the... View More
I fell asleep in my vehicle on a public road, and during a welfare check, an officer immediately opened my car door without my consent and took my keys. He then observed a piece of cellophane from the outside, which did not contain anything, and put it back. While waiting for my information to be... View More
answered on Feb 21, 2025
A defense lawyer will need more facts, all available evidence and information, in order to make a determination about whether a good Fourth Amendment search & seizure issue exists. The only lawyer who will have access to that will be the lawyer representing you, or who will be. Given the... View More
My grandson was involved in an accident and received a citation for Following Too Close (169.18.8(a)) in Minnesota. The citation has my grandson's information on the front, but incorrectly lists his father's information on the back, including checking the owner and driver boxes, even... View More
answered on Feb 20, 2025
Based on that description, it sounds like the father was convicted by default, for not responding to a petty misdemeanor charge. He could file a motion with the court to re-open the case (can use downloadable forms on the Minnesota Courts website), getting a hearing date for that motion, then... View More
I'm concerned about how a recent Minnesota Supreme Court ruling, which stated that the interior of a car on public roads is public property, might affect my rights during a traffic stop. Specifically, I want to know if police officers can now search my vehicle without my consent.
answered on Feb 20, 2025
No. The recent Minnesota Supreme Court decision, State v. Bee, A23-1257 (Minnesota February 19, 2025). decided an issue of the interpretation of statutory language - the meaning of "public place" in the context of a criminal charge for carrying in a public place, where the "public... View More
I had a verbal confrontation with an employee at an establishment and was asked to leave, which I did. While returning to my car in the parking lot, police officers approached me, informing me that I was being trespassed from the property. I requested the badge numbers and names of all the... View More
answered on Feb 16, 2025
Would it be lawful for a police officer to arrest a person simply for requesting their badge number and identification in Minnesota? No, because a lawful arrest would require either an arrest warrant or sufficient "arrest probable cause" of criminal activity. A related question might be:... View More
I was pulled over for all allegedly using my cell phone while driving in Bloomington Minnesota, I consulted with several attorneys I’m trying to find a good fit, two different attorneys have told me wait until you get the late notice and then request a trial date… Nothing will happen, you... View More
answered on Feb 9, 2025
Anyone can go to the Minnesota Courts website https://www.mncourts.gov/ and access case records using the citation number on the ticket (or court file number). That's important because the court disables a name search until the defendant has been convicted. If the citation shows up, after a... View More
I'm fighting a case for 5th degree, I requested a speedy trial, day of speedy trial, DA amended charges to a 3rd degree, which my p.d. request that we withdrawn speedy request so we would be able to have the evidence (drugs) tested due to DA amending the charge at last minute. So we... View More
answered on Jan 21, 2025
It should be possible to get a lab to retest a substance the state claims to be illegal drugs, either at the same lab or a different one. The Defendant might be required to pay for that, unless a judge were to order otherwise. Retesting would take time to complete, either way. The defense... View More
My ex husband has an HRO against me. He has been withholding my children and wrongfully denying me my parenting time for two and half months which is in violation of our court order. I submitted a motion for parenting time assistance to family court to ask them to enforce our current court order. I... View More
answered on Dec 31, 2024
Best practice for a person with a Harassment Restraining Order prohibiting contact with anothe rperson would be to avoid contact, whether direct or indirect. In practice, such a person may end up in the same courtroom during or waiting for a court hearing, for example. And that would not be... View More
Misdemeanor probation for disorderly conduct. And I’m trying to contact probation officer but she is on vacation. I seeked treatment immediately after I was released from jail
answered on Jan 21, 2025
Picking up a new criminal charge of DWI while on probation for misdemeanor Disorderly Conduct could be a violation of conditions of the stayed sentence. But entering and completing chemical health treatment would be viewed as a mitigating factor. Keeping to Probation Officer informed is a good... View More
I have been fighting a 5th degree, DA amended charge to a 3rd degree the day of my jury selection for my speedy trial. Can they do that? The DA knew the weight from jump.(10.447g) and even told my p.d. that "she's lucky I'm only charging her with a 5th degree not a 3rd degree".... View More
answered on Dec 23, 2024
Under the Minnesota Rules of Criminal Procedure, the state may add new charges to a complaint if the case is in pretrial proceedings. Minn. R. Crim. P. 3.04, subd. 2. The state may also amend a complaint "at any time before verdict or finding if no additional or different offense is charged... View More
Can she get in trouble or is it self defense I hurt her emotionally I didn't get physical and she tried to run me over
answered on Dec 19, 2024
If someone alleges an assault, either to police or in family court for example, that could qualify as "trouble" for the person accused. If facing a criminal assault charge in court, the defendant can raise the defense of self-defense, if he or she has some evidence to support that... View More
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