They should show you the warrant, but that doesn’t have to include the probable cause basis for the warrant. They also need to provide you a list of what was seized pursuant to the warrant.
I received an order of protection against an ex-boyfriend two years ago. Unfortunately I did end up going back to him and dating him while the order was in effect but have since completely left him and no longer want to see him and I am in fear of him. There were countless violations of the order... Read more »
There is a form you can fill out to request an extension. I don’t know if he was charged and convicted for violating the OFP, but that alone would be enough to get the OFP extended.
Left home In vehicle to get away from being beat up by partner..then partner called 911 to have police pull her over for drinking and driving. There was a roommate witness.
You could certainly attempt a necessity defense in a case like this. Ideally the situation is also something the prosecutor would take into consideration and he or she might be willing to dismiss the charges under the circumstances.
Winona County.
The issue is not the residency. The issue is whether the ticket is charged as a misdemeanor or a petty misdemeanor. A petty misdemeanor does not carry the possibility of jail time and consequently you would not be entitled to court appointed counsel. But you would if the charge is filed as a... Read more »
details to the county attorney. Always communicates with me last minute. Has no mailing address just a Google account. He closed his office for a different job. Do I need a different attorney, and how do I do that now?
You can always switch attorneys if you are unhappy with your representation. You would either need to hire a new attorney or you could discharge your current attorney and apply for a public defender if you qualify. You should reach out to attorneys directly if you believe that you might be hiring... Read more »
I was originally told that I was being arrested for assault by the officer unless I talked to him. I touched no one. He detained me for assault. After the investigation they determined that I never touched anyone. I was already off the property awaiting my cab and then was told that the bar just... Read more »
You would typically be provided a written trespass notice which would require that the the notice include your name, DOB, etc. I'm not sure how refusing to provide ID would justify charging you with both Disorderly Conduct and Obstructing Legal Process. You should secure legal representation... Read more »
If I am in the left turn lane, with my left blinker on, and 30 feet before the crosswalk while moving forward I blinker right and get back into the lane that goes straight through the intersection, is that against any traffic laws? No other vehicles were around at the time and I was pulled over for... Read more »
The police need reasonable articulable suspicion to pull someone over. There isn’t necessarily anything illegal about what you did, but other factors might’ve played a part in why you were pulled over. Speak with attorney directly about your situation for more specific answers about your situation.
I was involved in a domestic last Sunday and this was the second time in two years my husband has been arrested for a domestic. There is a DANCO in place but we have a home and three young kids together.
Is it possible to file a motion to cancel the DANCO? Yes. Is it likely to be granted? No. This is the second domestic in the last two years and the most recent domestic assault occurred about a week ago. I do not believe that the Court is going to grant your request to cancel the DANCO under... Read more »
Currently incarcerated in Faribault MN Prison. Was sentenced 12/21/2012, 4 years remaining. With the laws changing and my depreciating mental health, I need him out here is possible to take care of me. Looking for Appeals Attorney to review his case and see what our options are. Im on disability... Read more »
Your fiancee's has already appealed his convictions. That appeal was decided by the Minnesota Court of Appeals April 28, 2014. Absent something extraordinary, he no longer is able to appeal or challenge any errors that might've occurred in his case. An appellate attorney would need to... Read more »
I haven’t had a speeding ticket in 5.5 years. I don’t mind paying the fine, I would like to avoid the insurance hike. Is it possible to get a continuance for dismissal based on my driving record or will previous tickets remove that option altogether? Ticket was issued in Steele County, MN.
The bigger issue for you is the county where the citation was issued. Not all counties give continuances for dismissal during the negotiation process. They are far harder to come by the further from the metro that you get. Steele County may not offer continuances for dismissal as a matter of... Read more »
Back in 02 I came up positive on a drug test.. I was brought in to Cid headquarters and they said that I was gonna have a felony on my record... then they kicked me out... but I think it was a cover for something they thought I did but couldn't prove
This question needs to be asked in a military law forum or in a Germany criminal law forum. Minnesota law would not apply to this situation.
Judge said that he recommends a lawyer present. He has a full-time job which he doesn't qualify for public attorney? Can we apply for public attorney? And what is he realistically looking at for the 5th degree issue,?
He can apply for a public defender, but that doesn't mean that one will be appointed. Regardless, he is charged with a felony and has two other felonies on his record. He needs representation. He could be facing jail time, a probationary sentence (perhaps a probation violation as well if he... Read more »
And wanted to purchase alcohol I assumed he was old enough and sold it to him not sure after a cop came in took me in the bag and said I just sold a minor alcohol I am distraught I'm devastated I've never committed a crime I'm an emotional wreck I in fearful of even going back to... Read more »
The charge of selling alcohol to an underage customer is a gross misdemeanor. Law enforcement performs these types of sting operations all the time. You are presumed innocent and cannot be found guilty unless you are proven guilty beyond a reasonable doubt. You are entitled to an attorney and... Read more »
my mom abuses me so i need to know how i can get away from her even though i’m on probation.
I assume you’d remain on probation until you complete your conditions of probation. But you might be able to move anyway unless a condition of your probation is that you live at home.
That procedure varies a bit from county to county, but is also dependent upon the severity of the charge. A guilty plea via a plea petition will not be accepted on a felony and may not be accepted on an enhanceable offense such as a DWI or a domestic assault. This person should get legal... Read more »
No none relatives And house burnt down in July I wanna clean up the property
I assume that the home and property belongs to someone now. It is up to the owner whether you can go clean up the property, but presumably it is up to the new owner to take care of those issues. I'd stay off of the property absent permission from the owner.
I saw a video of judges eating human flesh on a cooking show and I was curious as to how they obtained human flesh being that it's illegal to desecrate a human corpse.
My assumption is that the judges were not actually eating human flesh. To the extent that they were, it would not be something that would've been filmed in the United States.
Because she was in jail in another place
There's not an actual question here. Consult with directly with an attorney about this. But you'll need one in Mississippi if that's where she is. This question was asked in the Minnesota forum.
Do I have any recourse for time lost fighting this false Citation?
Get representation. Fighting it yourself is unlikely to be successful. Generally speaking there is not any compensation available even if you are successful challenging the citation.
Generally mental health records that are filed with the court are filed as private or sealed so that the general public cannot access them. I presume you could pursue an order from the court to review your own mental health records. But you should be able to access those directly from the provider.
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.
