It seems all things in my defense and truthful, on the police video and audio, somehow one way or another doesn't show,one moment it's clear then another it's totally silent ,then another staticy, and ironically at the times it's in my favor.so it makes me look bad, it's not fair and it's... Read more »
Trial lawyers make efforts to resolve problems of proof. Sometimes our clients have us hire experts to analyse evidence, such as video and audio recordings. But we would not be able to begin solving these problems unless the defense attorney of record, representing the defendant.
His comments when asked my sexual preferene my mind was in defense not to mention the needle test for blood,I have had extremely bad experiences,with m.r.s.a when I spent 6wks in hospital for. I also had been kidnapped earlier in my life where a man forces meth and heroin in my arm against my will... Read more »
In Minnesota, currently if police request a blood sample for testing and the driver refuses, the officer may need to offer to accept a urine sample, before the driver being charged with refusal. A criminal refusal charge can be defended as"reasonable." The circumstances you describe may be...Read more »
My girlfriend is in custody in one county, she decided to execute a sentence for a DUI, and now has a probation violation hearing in another county on the day she is released, she wants to change her court date to a later date.
She should be able to request a rescheduled court date without an attorney. If she's represented in the probation violation case, her attorney could do it for her. It would not make sense to hire an attorney simply to get a court date changed. But she would benefit from having an attorney...Read more »
When police used to ask a driver to sign a traffic ticket; that was to indicate that they received a copy, but was not an admission of guilt. Modern traffic citation forms no longer suggest a receipt signature.
You could check the Minnesota Rules for the Minnesota Department of Public Safety. Or call a Driver Evaluator at the Minnesota Department of Public Safety to check. If it were me, I'd go to court and work to prevent a conviction. If no conviction, then it can't go on the Driver's License Record.
Traffic and criminal charges do not generally depend upon the driver having a driver's license. But, a driver without a license will likely also be charged with a violation or crime based on driving without a license, additionally.
Giglio information is material tending to impeach the testimony of a prosecution witness. All impeachment evidence, even if not a prior statement by a witness falls within the Brady rule, and should be disclosed to the defense by the prosecution. But despite these laws, problems persist. One...Read more »
plates, towed my car, and said that he was doing a long form instead of arresting me. I have finally found out that he was doing something called an administrative citation, and I still have yet to get my car because I have no money and no way to get there now that I do have the money needed, but... Read more »
If I understand this question correctly, it sounds like a money problem. If my vehicle won't be released without new plates and tabs, that sounds like the first priority with limited funds. Try calling Diversion Solutions for possible help on a payment plan for the Minnesota Department of Public...Read more »
If pulled over a couple years ago, is the charge still pending? Putting to one side that question for now, Minnesota's "proof of insurance" statute applies to the driver, even if the driver is not the owner. But a person facing this charge should always go to court to try to prevent a conviction,...Read more »
Sometimes police issue a citation but do not send it in to the court. If the court never receives it, it can be ignored. Rare, but it happens. As a result, it's a good idea to look up the citation using the citation number on the Minnesota court's website. Once it shows there, respond by paying...Read more »
My husband is going to lose his license as a "habitual violator" from a failure to stop for a pedestrian in a crosswalk ticket which was deferred as long as no same or similar ticket was received in 12 months time. Since that time, he was issued a failure to stop at a stop sign, a careless driving... Read more »
My past clients facing a "habitual violator" license suspension or revocation have had a priority goal of trying to avoid the loss of license. To accomplish that sometimes it's enough to avoid or undo one or more of the traffic violations. It might not matter which one, as long as the total...Read more »
My friend was intoxicated and was loud. He stumbled onto someone's property with no intent. The police were called and he tried to flee on foot because he was scared. He is being charged with public nuisance, interfere with private property and fleeing from an officer with no motor vehicle. What... Read more »
Most people want to prevent a public conviction record. The only way that's going to happen is with help from an experienced criminal defense lawyer. When a person retains me, I collect all available facts and evidence of any relevance. Then I analyze it with the law in mind. We look for...Read more »
Courts will typically reschedule a trial at the request of either party, provided adequate notice, especially for the first such request. But if the key prosecution witness doesn't show up on a trial date, most judge will grant a defense motion to dismiss. The key there is advance notice, or not.
No. A "CHild In need of Protective Services" or CHIPS case, is civil not criminal. So no jail is possible in a CHIPS case. Sometimes the same facts and investigations can result in both types of cases, however.
I pumped gas, went into gas station and charged my cell phone for about 20 min and made a purchase. When I left the gas station and got onto the main road, the police had their lights on and pulled me over. There was no driving infraction, the officer told me specifically they pulled me over due... Read more »
I refer to those type facts as "tip stop case." I've won many, but it will depend upon the level of detail and content of the tip call. Everyone should fight every DWI, so you'll need a DWI lawyer. And the Minnesota laws have short deadlines, so do so quickly. Also, sometimes we can get early...Read more »
I am being charged for a DUI. I contested the stop and there was evidence on video of the headlight not being out and one being brighter. In the officers statement, they could not remember anything specific about the arrest, could not remember what headlight it was and they also stated that because... Read more »
In Minnesota, we can remove a judge once if we notify the court of our desire to do so shortly after we are told which judge the case is assigned to. But sometimes, the case then goes to a worse judge. Beyond that, a litigant can make a motion to the judge to remove herself for cause or bias. Of...Read more »
If someone receives a summons by mail instead of being arrested for a 5th degree drug charge, could the court order a manditory ua on the first court appearence? Also, would they impose a bail amount as a condition of release if no arrest was made?
Yes. But in Minnesota we have a Constitutional right to pretrial release without conditions other than money bail. Most judges today will set both a "conditional bail" and an "unconditional bail" amount. Some forget to set the unconditional bail, but will upon request. Your defense attorney...Read more »
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