I was in a 55mph zone and I passed this vehicle going 77. Ended up being an unmarked cop. He gave me a ticket going 70 in a 55. I looked on line and it said in minnesota you can pass a vehicle going up to 10-15 miles over the speed limit. Is that true?
answered on Nov 27, 2022
Minnesota Statutes section 169.14 , Subd. 2a, increases speed limits when passing by ten miles per hour over the posted speed limit when the driver is on a two-lane highway having one lane for each direction of travel, and certain other conditions apply. But exceeding the posted speed limit... View More
MN declined Supreme Court. Now what??
answered on Nov 27, 2022
Since a good answer would require the information already possessed by your lawyer, it would make sense to ask your lawyer this question. Different issues can be appealed form the trial court, at different stages in the process. For example: (1) the prosecutor can appeal a pretrial ruling in... View More
answered on Nov 3, 2022
A Domestic Abuse No Contact Order ("DANCO") is a protective order issues by a judge in a criminal court file. As a result, any change prior to its expiration would have to be made by a judge. A "protected person" can ask the prosecutor to support ending or changing the terms... View More
So the story goes. I get stopped by a cop in MN at around 8pm. The cop asks have I been drinking, being a scared kid I answer that I had a shot of alcohol that very morning, but that was like 12 hours prior. The officer has me step out of the vehicle to do a sobriety test and of course I'm not... View More
answered on Nov 2, 2022
I'd suggest you call a criminal defense lawyer on the phone to discuss. There are conceivable scenarios where an Iowa court action could in some way relate to a previous DWI stop in Minnesota. When you call a lawyer, you can provide more related information, which will help the lawyer narrow... View More
I was charged with a felony for wiping blood on a police officer, but the video surveillance from the hotel I was at proving my innocence was recorded over, because Minnesota took so long to finally charge me with this offense, and now I have nothing to use against them for my defense, because the... View More
answered on Oct 30, 2022
The defense can spotlight the defendant's right to exculpatory evidence, including the preservation of evidence. However, the court will likely distinguish between evidence in the possession and control of the police-government vs other evidence in the possession of others. Much has been... View More
I am currently facing five pending felony charges that have arisen from false accusations by my husband's ex-wife in a custody battle. She has a history of making unfounded claims, including allegations of harassment and stalking, which are untrue. The children involved have expressed missing... View More
answered on May 2, 2024
A lawyer cannot give legal advice about a plea agreement vs. trial, without being the attorney of record, after thorough review and time spent with the known facts, discovery from the prosecution and other facts and evidence; as well as research into laws that could relate to those. As a general... View More
They got a warrant to search my house. Based on this credible, reliable witness's word. Well, he's been doing drugs. The entire time and he has are the credentials that it takes for the Frank versus Delaware. You need to have some kind of training. He's had none. He's a liar and... View More
answered on May 1, 2024
If evidence of a crime was recovered by police executing a search warrant, and a person is charged with a crime as a result, then that person can file a pretrial motion challenging whether the search and the search warrant were lawful. If the judge agrees with the defense that the search was... View More
I have a hearing tomorrow where I'm being accused of one minor felony that I did commit, but my PD says she's requesting an omnibus hearing that will lump that felony in with a second & much more serious felony I'm being accused of but did NOT commit.
Based on some... View More
answered on May 1, 2024
Two separate crimes or two separate incident dates? Criminal charges from two separate incident dates can often be reviewed together in some or all court appearances, if in the same County. Whether that is a good idea for the defense may depend upon facts not knowable in an online Q & A site.... View More
I completed almost everything required of my probation. I am not quite sure how I will do in court with the pressure. I would feel more comfortable if I can submit something in writing beforehand since the prosecutor and probation officer have substantially more experience in court. I realize this... View More
answered on Jan 29, 2024
I believe it's possible. But I don't think it would be a good idea. Too risky. A better practice would be to discuss with defense attorney, and have the attorney speak on behalf of the defendant.
My question is can a city cop stop me out of his jurisdiction if he did not witness me speeding in his jurisdiction? I was already through said city and going north away from town and he was heading south towards it. Which means there is no way he witnessed me speeding within his jurisdiction.
answered on Jan 25, 2024
Whether police can enforce the speeding law outside their home territory is an issue that may depend upon all the specific facts in a case. There are several Minnesota appellate court cases discussing this issue. In most common circumstances, they can lawfully do so. but in some they cannot.... View More
felony. We drive to court out of state every 2-4 weeks for the past 11 months. He has not missed a court date! The out of state case has not gone to trial, and his attorney is still waiting on full discovery.
A few weeks ago, he was arrested and charged, in our home state with being near a... View More
answered on Jan 4, 2024
This is the type of problem that the defendant's attorneys should work on solving. In general, judges want defendants to make their court appearances, even in other jurisdictions. If necessary, one idea would be for the attorney to schedule a motion to modify sentence before the judge, then... View More
But was clearly visible once he was stopped
answered on Jan 2, 2024
If criminal charge resulted, your lawyer may want to challenge the stop as illegal, depending what the video and other evidence shows. If it's a traffic ticket, I'd first focus on seeking a deal to keep it off the DL record, at least for most clients in the past who've wanted that.
answered on Nov 13, 2023
What does it contain? If a drug like nicotine or THC, it could depend where (car?), and a possessor's age (under 21?), as well as quantity.
Plea. Then the warrant and all the charges get thrown out for brother #2. My other brother is still fighting his charges. If the judge threw the warrant for one of us shouldn't it be throw out for all of us?
answered on Oct 30, 2023
Not necessarily. But I would assume your lawyer is looking into it. The issues in multi-defendant cases do not always fit or apply to every co-defendant, depending upon the facts. We don't have access to those here, of course, But your lawyer should have access. Give him or her a call to... View More
answered on Oct 15, 2023
Without context, there is no meaning. And this question seems like it might come out of some context, though it's missing here. I don't know of a criminal law specific to moaning. But you could take a look at Minnesota Statutes 609.72, Subd. 1 (3) "Disorderly Conduct."
Over $4800
answered on Aug 25, 2023
Yes, simply call a lawyer on the phone. In the meantime, avoid talking to anyone else about it.
answered on Aug 25, 2023
Of course, The best way to begin is by using your phone to call a lawyer for an initial discussion.
answered on Jul 29, 2023
Witnesses have legal rights, and may wish to consult an attorney about them.
My friend got served for felony level property destruction of a vehicle, his court date is coming up and I know he's going to be charged. But how likely is it that will come with jail time?
He poured beer in the oil of a truck and it blew the engine. The friends he was with also did a... View More
answered on Jul 16, 2023
We would need more information to be able to answer that. For example, the question is listed under "federal crimes." Federal crimes are more likely to result in lengthy prison terms that Minnesota state court crimes. When I get a criminal charge dismissed, or an acquittal, my client... View More
answered on Jun 18, 2023
The question, as worded, is unclear. A "crime" is generally the equivalent of an "offense," however.
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