On July 18th I was cited for following a car too close as he was turning right in front of me on a 35E exit to pilot knob road which is a two-lane road. MN Statute 169.18(8)(a) I did end up closer to the vehicle than I, myself, would have preferred since the front car slowed to turn much more than... Read more »
How do they prove the distance was not "reasonable and prudent?" They will need admissible evidence. This could include witness testimony, accident investigation by the police officer (if any), car "black box" data, etc. Most people want to keep their driver's license...Read more »
See, e.g. State v. Peterson, unpublished, Minn Court of Appeals 2020:
"A person is guilty of possession of burglary tools when he "has in [his] possession any device, explosive, or other instrumentality with intent to use or permit the use of the same to commit burglary."...Read more »
I asked the prosecutor to drop the charges as I just wanted him to leave that night. She would not drop them but offered a deal of disorderly conduct. He refused the deal. I will be subpoenaed to testify. I’ve been told without me the witness there is no case and I can be difficult or... Read more »
The prosecution has the burden of proving guilt at a criminal trial, with evidence. Normally hearsay (an out-of-court-statement offered-to-prove-the-truth-of-the-matter-asserted) is inadmissible at trial (is not evidence). As a result, if the prosecution's key or sole witness does not appear...Read more »
It's unlikely that a person will be able to remove a traffic ticket from their Minnesota drivers license record after; if they pay the ticket or plead guilty. The way to keep it off the DL record is to challenge it before that. If it were me, I would set a goal of avoiding the speeding...Read more »
The Minnesota crimes of "Adultery" and "Fornication" are rarely prosecuted, though still in Minnesota Statutes. The Minnesota crime of "Incest" excludes first cousins. But I have represented clients charged with Minnesota Criminal Sexual Conduct 3rd and 4th Degree...Read more »
I was pulled over for not stopping at a stop sign in Minnesota (I'm from Texas) but when she came back to the car with my license, she said that she couldn't give me a ticket to sign because her printer was broken. Can I get out of this ticket because of that?
I received a ticket for speeding in a special commissioners zone. Speed limit dropped from 55 to 40 in front of a State Park parking area but I don’t recall any yellow warning signs about the speed drop. The ticket is for 59 in a 40 and I’ve read that anything over 15mph over stays on record... Read more »
It's good to have a clean record for over five years since prosecutors will generally ignore prior speeds over five years old. You sure can call the prosecuting attorney to discuss settlement possibilities. I would not expect a prosecutor to dismiss a ticket outright. They will want...Read more »
Leave the premises. I was too intoxicated to drive so I slept in my car. At some point, the cops were escorted my ex to her car, I had received a call that woke me and as she was getting in her car I waz pulling out. The police had weapons drawn and arrested me. My question is how can I prove I was... Read more »
If you're charged with a crime, step one is to look at the criminal statute they claim was violated. It will contain the legal elements, each of which must be proved by the prosecuting attorney in order to make a case. When it comes to circumstantial evidence, if that evidence gives rise to...Read more »
A person can be in criminal possession of a firearm even when not on their body. Read up on "constructive possession." Minnesota and the United States statutes contain many gun and gun-related crimes, including some for "replica firearms" and defining "firearm" to...Read more »
The question states that someone may have committed an assault crime, and implies that may have resulted in hospitalization. If true, that could lead to a felony assault charge. Most deaths are not caused by crime. But if there is evidence that a criminal act resulted in a death, a prosecutor could...Read more »
The question states that someone may have committed an assault crime, and implies that may have resulted in hospitalization. If true, that could lead to a felony assault charge. Most deaths are not caused by crime. But if there is evidence that a criminal act resulted in a death, a prosecutor...Read more »
I wrote a check to a lady who had a truck for sale, the check was bad as I didn't have the funds in my account, I am now being charged with uttering a forgery which is class h felony it says i can get up to 6 years in prison. They are stating that the detective contacted chase bank where i... Read more »
Certainly everyone facing a felony charge needs a defense attorney. Do not talk to police or a prosecutor. Assert your rights. Call a criminal defense attorney in the state where the charge has been filed. Get representation from either a public defender, or a private criminal defense attorney.
Yes, a person facing a felony charge needs a defense attorney helping them. Your defense attorney should be able to get a better outcome in the case. Apply for a public defender. Or call and retain a private criminal defense attorney.
I didn't do anything before the police arrived. I walked through some yard, but I wasn't charged with trespassing. I didn't scream or cause any ruckus. It's basically retaliation from some neighbors, they called the cops and I wasn't even doing anything. They all got... Read more »
Point-of-view is important in these situations. People frequently perceive events in extremely different ways. That's one important aspect of similar cases. Another is managing interpersonal conflict, and the motives behind police calls and accusations. I look for these things when...Read more »
Yes. If those facts were known, a prosecutor could claim constructive possession. There are limited circumstances where a carry permit is not required in Minnesota, such as in your own home, etc. - but that has nothing to do with the "possession via dog" angle.
Generally, no. But your new lawyer (or you) could ask the judge (in the form of a written motion) to reopen the Contested Omnibus Hearing while asserting reasons why the judge should allow that. Discuss with your new attorney.
In December, I got pulled over for speeding in my home state (Illinois) and received court supervision for 180 days along with paying the ticket. I had to attend traffic school, to which I completed, and after 180 days the citation would be lifted from my record. In March, I moved to Minnesota and... Read more »
Check with an Illinois Attorney about the Illinois question. Without knowing the details, I'd consider delaying the resolution of the Minnesota case until after the Illinois case is dismissed. The way to do that would be avoid just paying the Minnesota ticket. Instead, contest it, be...Read more »
I've never heard of a Minnesota Statute defining "criminal mischief" as a crime. However, a juvenile can be arrested and jailed on a probable cause hold, for allegedly committing a crime, or a status offense. And if adjudicated delinquent or convicted, the judge has the option of...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.