Questions Answered by Luke Neuville

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

1 Answer | Asked in DUI / DWI for Minnesota on
Answered on Mar 5, 2019
Luke Neuville's answer
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 suggest contacting an attorney that gives free consultations to discuss the circumstances of your case.

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

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Answered on Oct 13, 2018
Luke Neuville's answer
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.

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

2 Answers | Asked in Domestic Violence for Minnesota on
Answered on Jul 16, 2018
Luke Neuville's answer
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.

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

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on
Answered on Mar 15, 2018
Luke Neuville's answer
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?

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

3 Answers | Asked in Criminal Law for Minnesota on
Answered on Mar 1, 2018
Luke Neuville's answer
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!

Q: What is the penalty for underage drunk driving?

1 Answer | Asked in DUI / DWI for Minnesota on
Answered on Feb 9, 2018
Luke Neuville's answer
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.

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

2 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Answered on Jan 28, 2018
Luke Neuville's answer
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.

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

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Minnesota on
Answered on Jan 26, 2018
Luke Neuville's answer
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 helpful to have an attorney assist with cross examination and presenting the legal arguments to the judge.

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

2 Answers | Asked in Criminal Law for Minnesota on
Answered on Jan 23, 2018
Luke Neuville's answer
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.

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

2 Answers | Asked in Criminal Law for Minnesota on
Answered on Jan 23, 2018
Luke Neuville's answer
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.

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

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Jan 15, 2018
Luke Neuville's answer
You may have an involuntarily intoxication defense but you should contact a defense attorney right away.

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

1 Answer | Asked in Domestic Violence for Minnesota on
Answered on Jan 12, 2018
Luke Neuville's answer
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 adverse effect or are intended to have a substantial adverse effect on your safety, security or privacy, the court will consider your request. Having experienced legal counsel will be beneficial in this...

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

2 Answers | Asked in Criminal Law for Minnesota on
Answered on Jan 11, 2018
Luke Neuville's answer
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 Office at 612-293-6654 or visit neuvillelawiffice.com.

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

1 Answer | Asked in Criminal Law for Minnesota on
Answered on Jan 8, 2018
Luke Neuville's answer
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 your case. Good luck!

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