It is typical that the law allows a citizen to intervene to prevent the commission of a felony. If the felon is armed with deadly force, the penalties for commission and the latitude in preventing the crime are broader accordingly (this is assumption). In a recent conversation, the question came... Read more »
Minnesota statutes authorize police officers to use greater force, and in more situations, than the rest of us. We can see that in the self-defense statutes, for example. We can also compare the statutes for police officer arrest powers, vs the citizen's arrest statute. Self-defense law is...Read more »
Assuming the person who received the citation is asking what to do: First, respond to the citation. A citation is a Summons to court. It requires the person named to respond to arrange a court date. Failure to do so, will lead to a default conviction of a petty misdemeanor; or an arrest warrant...Read more »
The question is missing something. But I have seen cases where a police officer is arresting a person; and a second person interferes with that arrest. Then the police officer accuses that second person of "obstructing legal process." In any event, an experienced criminal defense...Read more »
We didn't see any no trespassing signs and we weren't planning on causing any damage, so we went in to explore a piece of history. However, the cops showed up and we all received citations. Is there such thing as a trespassing citation and were we even breaking the law by exploring the... Read more »
Minnesota Statutes 609.605 TRESPASS, makes trespassing a crime. A police officer may issue a citation as a Summons to court, instead of arrest. Traditionally, core features of trespassing include: 1) presence on property without permission or right to be there; and 2) fair notice that you should...Read more »
The probation officer ("PO") supervises people on probation. The PO supervises the probationer's compliance with the judge's conditions of probation. If a probationer substantially violates the conditions, the judge may execute the stayed sentence, meaning prison in a felony...Read more »
I'm having a hard time understanding the question with the provided information. But I'll try to guess. If a person fails to appear ("FTA") at their criminal court appearance, I would expect the judge to issue a bench warrant for that person's arrest by law enforcement...Read more »
I was stopped by a MN state trooper for speeding (69mph in a 60 zone, noting that the Trooper reduced it from 74). From the point that I turned onto this road to where I was pulled over, there were no speed limit signs (I have a dashcam). I have a clean driving record and the vehicle has Ambulance... Read more »
I won't answer all of those questions here. Instead, I invite your personal phone call to discuss. I will offer a couple tips here, though. Most people don't want a speed conviction on their driver's license record. The two most common results that fit that bill are: 1)...Read more »
Cop was driving in the opposite direction and made a U-turn. By the time he flashed his lights, the speed limit had changed from 35 to 45 after a right turn. He claimed I was going 50 in a 35 (before the right turn), but I'm sure I wasn't going more than 45. He did end up giving me a... Read more »
Most people facing a typical speeding ticket set a goal of keeping a conviction off of their driver's license record. Avoiding a "conviction" will do that. That's because the court will only "certify" a vehicle or driving-related offense to the Minnesota Department...Read more »
My son sold a half gram of heroin to someone in a treatment center and he overdosed but is alright now. The problem also is he lives in Moorhead MN and the treatment center is Fargo ND. They say it is trafficking and said that unless he works with them they will push for life in a federal prison.... Read more »
I know the circumstances of my client's cases. But I don't have the facts on other cases. In general however, drug crime penalties are cruel and severe. And in federal court, some drug crimes can result in life imprisonment sentences. So caution would be prudent. But drug police...Read more »
re My Dad's case. I was wondering if someone could look into the case to see if it was unfair and I understand it may be difficult do to the coronavirus pandemic and I do not have any money because I am only 13 years of age so unless you accept pocket change I understand if you cannot look... Read more »
I would encourage you to talk to your mom or other adult family member to ask them to help you work on this. There are things you could do, together, to look into the matter. But it will be difficult for a juvenile to do those things without help from a trusted adult family member. Also, I would...Read more »
Only the police or a prosecutor can initiate a criminal investigation and charge. A person can complain to police, who might or might not investigate. If police do investigate, avoid talking to them. Talk to a criminal lawyer first. Apart from legal action, it's a good idea to respect...Read more »
It appears that the minimum age at which a youth can be adjudicated delinquent is 10 years old; but the youngest age at which a youth can be certified as an adult for criminal liability is 14. However my view is that many young juveniles are incompetent to participate in the court process due to...Read more »
Potentially, yes. But there is a way to pay a disputed claim without admitting wrongdoing. This is best done through your attorney. Also, such a demand should be reviewed for the potential for fraud on the part of the "loss prevention agent." Don't be a victim. Call a criminal defense attorney.
Unfortunately, Minnesota lawmakers have enacted asset forfeiture laws. Even worse, they made them quite complex, with financial rewards for the same police who seize your property. As a result, vehicle forfeitures can go through, even where the owner is not a seller of illegal drugs. But, there...Read more »
My warrant is out of Anoka Co. MN for failure to turn myself in for failing to complete a dwi MADD IMPACT CLASS. My husband made it so I had no way to get to the classes on purpose, I've paid for the classes but was unable to go. I cannot go to jail, he has threatened to sell all my belongings... Read more »
Lied to police and said she was 'next of kin'. The police required zero proof. Now the man's girlfriend and their children have nothing. The police, Sheriff, etc refuse to take a report of the crime. It has been more than 2 years. Can anything be done?
There are several things a person can do in an attempt to encourage police and prosecutors to investigate and prosecute. But only the government can prosecute a criminal charge. Anyone can commence a civil lawsuit, though. A civil attorney may be helpful in pursuing a civil claim. Or if the...Read more »
If a person receives then ignores a traffic ticket, a conviction will result. And it will go on the person's drivers license record. Instead, it's a good idea to contest every traffic citation. Most have the goal of preventing a conviction. You may be able to get the prosecutor to...Read more »
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