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Questions Answered by Luke Neuville

3 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on

Q: How long does it take to receive a citation in the mail in MN? Also, are citations forwarded by USPS?

I unknowingly swiped a a parked car. Another person called the police, so they are calling it a hit and run, even though I never left and wasn't given the opportunity to notice and exchange insurance info.

Luke Neuville answered on Jun 24, 2019

It can be a few weeks or possibly a few months before you receive notification of charges in the mail. The complaint and court date will be mailed to the address on your license. If your mail is being properly forwarded to another address, you should receive it through USPS. You can also monitor... Read more »

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3 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Minnesota on

Q: I strongly think that my girlfriend is only being charged with domestic assault because she changed victims statement.

I was packing to leave my girlfriend's house when in the heat of the moment she tried to stop me. In doing so she scratched me on my neck and ripped my shirt. We have had a prior incident which I went to jail for, so I was recording the goings on. As a safety precaution I called 911 so nothing more... Read more »

Luke Neuville answered on May 18, 2019

Your girlfriend has rights to exercise in court but it's not advisable to discuss over public forum. I would advise contacting an attorney that gives free consultations to get some better information.

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1 Answer | Asked in DUI / DWI for Minnesota on

Q: I was pulled over for das and now I am facing dui and mire, this is my first run in with the law besides traffic are my

5th degree controlled substance, 4th degree dwi , drug paraphernalia, no insurance and driving after suspension are my list of charges

Luke Neuville answered on Mar 5, 2019

So you may have some defenses/legal challenges available but each case must be reviewed independently. You have the right to review all evidence against you and file Omnibus motions to challenge the admissibility of evidence in your case. Of course you have the right to a trial as well. I would... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: why would one person have 609.2242(1) & 609.2242(2) listed. only the other only have 609.2242(2) what's the difference

If a couple both have charges can they retain the same attorney or should they each have their own.

Luke Neuville answered on Oct 13, 2018

Two types of misdemeanor domestic assault: intent to cause fear of immediate bodily harm and intentionally causing bodily harm. You and your wife will most likely need separate attorneys but as the defendant it is much more important for you to retain an attorney.

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2 Answers | Asked in Domestic Violence for Minnesota on

Q: do i need lawyer charges probable cause hang up 911 and domestic asult in jail now waiting first apperance he/illegal

he is not legal and he stays with his mother and it was his sister he has a disputr with but they took him on the 911 hang up call not the domestic there was no evidance do i need a lawyer?

Luke Neuville answered on Jul 16, 2018

Yes, he probably needs a lawyer. Domestic assault charges conviction can have serious immigration consequences. Call an attorney that gives free confidential consultations to discuss further.

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on

Q: Can you be locked up for your 1st violation of probation after a year of good behavior on a 4yr probation bc of DAC

I think my PO wants to lock me up bc i was caught driving on a 4yr probation of my 3rd dui i want a lawyer bc i feel i been doing great ive passed all UA's and did all treatment in classes just made one mistake

Luke Neuville answered on Mar 15, 2018

It is possible that you could be facing jail for a first time probation violation but it's not guaranteed. Is your case in Hennepin county?

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3 Answers | Asked in Criminal Law for Minnesota on

Q: In a criminal case is it best for a defendant to take the plea offered or take it to a jury?

The story is a pretty long one.

Luke Neuville answered on Mar 1, 2018

Good question, always depends on the faCT’s of each particular case. Be sure to call and attorney that offers free consultations, and get some advice!

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1 Answer | Asked in DUI / DWI for Minnesota on

Q: What is the penalty for underage drunk driving?

Luke Neuville answered on Feb 9, 2018

Where you arrested and taken to jail or police station? Underage drinking and driving is a misdemeanor, which means up to 90 days jail and $1000 fine. If you’re interested in a plea bargain, often you can negotiate a result with little or no jail, and a lower fine.

2 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on

Q: I was only talked to early November but just got a citation late January. Issue date is back then?

A cop told me early November his video player wasn’t working but I may be charged with a gross misdemeanor for passing a bus arm. I do not recall the bus even being stopped. Late January, three months later he brought over a citation and the issue date is November. He still hasn’t shown me the... Read more »

Luke Neuville answered on Jan 28, 2018

Yes, you should try and fight it. You are presumed innocent and the state will be required to present evidence at trial in order for you to be convicted. Call a few lawyers that offer free consultations to discuss your case.

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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Minnesota on

Q: Ex husband contesting OFP I filed on behalf of daughter. Do I need a lawyer for the hearing?

An OFP was requested against my ex husband as there is a pending dom assault charge against my 13 year old daughter. He is requesting a hearing to contest, he has a lawyer and character witnesses. I have had a guardian ad litem visit my home to talk with daughter, CPS visited my daughter at... Read more »

Luke Neuville answered on Jan 26, 2018

You’re not required to have a lawyer but I would recommend it. When your petitioning the court for an OFP you must prove that domestic abuse has occurred by a family or household member. When requesting an OFP on behalf of a minor child, you must show abuse against the child as well. It is... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on

Q: If I am a victim in a domestic assault case what can the prosecutor do to me if I refuse to testify against the defenden

The defendant is my son

Luke Neuville answered on Jan 23, 2018

This is a very complex legal question. You have legal rights in this type of situation. You should speak with an experienced criminal defense attorney ASAP.

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2 Answers | Asked in Criminal Law for Minnesota on

Q: I am being charged for disorderly house, at omnibus hearing they want me to do 30 days and 2 yr probation and fine

Luke Neuville answered on Jan 23, 2018

It might be helpful to talk to a criminal defense attorney before your next court date. You may have defenses available to raise in court. Most of the time it’s helpful to have an attorney to negotiate with the prosecutor as well.

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1 Answer | Asked in Criminal Law for Minnesota on

Q: Charged with assault on a Peace Officer in the 4th degree & Obstructing Legal Process in MN. I was blacked out.

I had been at a bar by myself and only had two drinks. I left my drink unattended twice. I left the bar and started walking home. About 2 blocks from my house the police saw me and ordered me to get in there squad car. I said no I am almost home. They got out of the car yelling and advanced on... Read more »

Luke Neuville answered on Jan 15, 2018

You may have an involuntarily intoxication defense but you should contact a defense attorney right away.

1 Answer | Asked in Domestic Violence for Minnesota on

Q: Is it possible to get a tro against my son who is underage but physically abusive? He still lives at home.

Luke Neuville answered on Jan 12, 2018

Generally, yes, you can get a restraining order or order for protection if there is physical abuse. If the court grants your request, no contact with your residence could be included. If there is physical assault or more than one incident of intrusive or unwanted acts that have a substantial... Read more »

2 Answers | Asked in Criminal Law for Minnesota on

Q: If I pay a fine/citation for a criminal misdemeanor after being arrested, do I still have to go to the arraignment?

Luke Neuville answered on Jan 11, 2018

Generally no, when you pay a fine or citation it is considered a guilty plea and you waive your right to a trial. The scheduled arraignment should be automatically canceled. In limited circumstances, you can withdraw your guilty plea after paying a ticket. For more information, contact Neuville Law... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on

Q: Can I fight a marijuana possession charge if I did not sign or receive a citation at time of incident?

The citation was mailed to incorrect address and returned to sender. They finally got the address correct 45 days later and stated I missed the court date and license will be suspended if fine and court costs are not paid in 30 days. I had called court house twice to determine if there was actually... Read more »

Luke Neuville answered on Jan 8, 2018

Yes, you can always fight your criminal charges/citation. Generally, the state is given three years to prosecute most misdemeanors and some felonies. Mailing to incorrect address and returned to sender may not be sufficient to get a charge dismissed, but there may be other issues you can raise in... Read more »

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