The state will have a difficult time getting a conviction on hearsay only. Normally the prosecutor will have at least one witness to testify that a crime did happen and the defendant did it. Pretrial evidentiary issues are less common in most assault cases, compared to other types of criminal... View More

You can download this form form the Minnesota Courts website: Forms Packet: Ask to Withdraw Guilty Plea and Vacate Conviction (Petty Misdemeanor) You can use it to request a hearing on your motion to reopen the petty misdemeanor case. At the hearing, you can talk to the prosecutor to see if they... View More

A "citation" typically refers to a Minnesota "uniform citation," issued by police in lieu of an arrest, as a Summons to court on a tab charge. Most are for petty misdemeanors or "payable" misdemeanors (meaning the court will accept a guilty plea by payment of fine... View More

"Old videos" of a person smoking something in a water pipe, alone, would not be enough to charge a crime. But it could possibly inspire police to investigate further (in an effort to get enough evidence to charge a crime). Therefore, it would make sense to prepare for that, prepare to... View More

What are the odds that she will benefit from good legal representation? That will have a big impact on outcome. The court cannot sentence any jail or probation unless the defendant is convicted first. So the defense attorney begins work on ways to prevent or make more difficult any conviction.... View More

The double jeopardy clause of the Fifth Amendment to the United States Constitution prohibits anyone from being prosecuted twice for substantially the same crime by the same jurisdiction. But that would not apply to an alleged violation of a condition of probation. In Minnesota, the law allows a... View More

It's not a good idea to post details of a possible crime on a public website. But calling a lawyer with a telephone would be a better way to start. A Minnesota therapist will be a "mandated reporter" to police, of any child abuse disclosed to them. Therefore seeking help could lead... View More

Not likely. They can fix any mistakes (perhaps using the video). And alerting the them to mistakes prior to trial usually is just helping them, not you. Therefore, when I have such a case, I pursue the other defense issues and strategies, but save mistakes for use at the trial (assuming they have... View More

The question raises the issue of whether the police officer has a reasonable suspicion to justify the initial stop. If a judge agrees the police officer did not, then the charges would be dismissed. Lawyers are trained in law school to generally avoid contacting non-clients about representation,... View More

When a court issues a "No Contact" Order or condition to a defendant, it does not apply to the defendant's attorney (who is an officer of the court). In fact, the defense has a constitutional right to contact any and all; potential witnesses in the case. It's important that... View More

Unfortunately, Minnesota has an "implied consent" law, that allows the state to administratively revoke the driver's license upon an alleged chemical test refusal (separate and in addition to the DWI-criminal law). That statute requires any legal challenge to that administrative... View More

Normally a criminal or traffic case will be properly venued where the alleged incident happened. If a case is filed in a different state or county, the defendant could move the judge for an Order dismissing or changing venue. You could look for a form on the court's website, or consult (or... View More

Most people want to prevent a traffic violation conviction, in order to prevent one being added to their Minnesota driver's license record as a moving violation. If the defendant can resolve their traffic case with a "Continuance Without a Plea" ("CWOP") a/k/a a... View More

Police must give a "Miranda" rights warning prior to questioning a person after that person is "in custody." If they fail to do so, a judge may suppress the subsequent statement, so to the prosecuting attorney would not be allowed to use it as part of the state's... View More

Expiration of the applicable Minnesota Statute of Limitations period would be a defense to a criminal charge filed with the court after that time period had already expired. A Citation with a tab charge filed with the court, of a Complaint filed with the court prior to the expiration of the... View More

In my experience, prosecutors rarely dismiss a domestic assault charge before the trial date. And when they done so on the trial date, often a big reason was the prosecutor's victim refused to cooperate by showing up. On the other hand, when it comes to the pre-trial No-Contact Orders... View More

In Minnesota, only the government can initiate a criminal charge; by filing a charging document with the Court. But an individual can make a complaint about a criminal act to the government: its police officers and-or its prosecuting attorneys. In contrast, an individual can file a civil lawsuit... View More

In Minnesota, a conviction for speeding 74 in a 65mph speed limit would bo on the court's record and the Driver's License Record. (Then the insurance companies will know.) The way to avoid that would be to set up a court appearance rather than pay the fine. Then try to resolve the case... View More

Many people prioritize keeping a speeding ticket conviction off of the their DRIVER'S LICENSE record. Minnesota's "Dimler speeding provision" can provide an opportunity to do just that. But it may not always apply for all drivers cited for 65 or less in a 55 or 60 mph zone: CDL... View More

Take a look at the grounds for downward dispositional departure (from presumptive sentence) listed in this year's version of the Minnesota Sentencing Guidelines (available free on their website). These include a requirement that a defendant be “particularly” amenable to probation, to... View More