My current lawyer doesnt seem to be doing anything. This alleged crime has no proof aside from hearsay and past text confrontations. But the state is pursuing and now it is set for a jury roll call on 06-01 and I don't think it should have even gotten this far without some sort of witness or... Read more »
answered on May 25, 2023
The testimony of the alleged victim is not hearsay if she shows up and testifies under oath that you assaulted her. The fact that she is the only witness to the incident is not unusual. Many assaults occur when the only folks there are the alleged victim and the alleged perpetrator. Listen to... Read more »
I want to live with reconcile relationship with defendant...and he is not guilty of charges state put on him and I am hoping he is willing to seek counseling so I could be ok with just modified DANCO to allow peaceful contact
answered on May 25, 2023
There is no form for this. You can certainly submit a letter to the Court asking for the DANCO to be modified or cancelled. The decision of whether that occurs is ultimately up to the judge who is assigned to handle the case. It is unlikely that the DANCO will be modified or cancelled if the... Read more »
NOT A REPEAT QUESTION IT IS ABOUT ALREADY JN COLLECTIONS.
I have mental health issues they extended my
probation for whatever reason. But if the judge already said once a year ago she could not violate me and it has already gone to collections in the state of Minnesota who I also... Read more »
answered on Apr 19, 2023
First, this is not a double jeopardy issue. The fact that you were unable to work a year ago doesn't mean that you cannot work now. Mental health issues can get worse and they can get better. Ultimately, it would be up to probation to show in a violation hearing that you could've paid... Read more »
My son was pulled over for having an air freshener hanging from his rearview mirror...which led to "have you been drinking"...which led to "please step out of the car". They administered field sobriety and breath tests. Did 2 more breath tests at the police station. .09 was... Read more »
answered on Apr 13, 2023
It might be. Law enforcement is not required to read him his rights to run him through field sobriety testing and the implied consent advisory is not required prior to the PBT. An implied consent advisory would be required prior to a request for a breath sample. Your son should contact... Read more »
The prosecution office to put in her request to have it dismissed as they have small children and she wishes to work on the marriage?
answered on Mar 13, 2023
Asking someone to give you "odds" on the likelihood that a DANCO will be dismissed/cancelled in these circumstances is unrealistic. That depends on a number of factors such as where the offense occurred; whether there is any prior criminal history; what the exact allegations in this case... Read more »
However, the first ticket (Speeding ticket) was issued on August 2021 then the next two was issued on September 2022(Speeding ticket) and October 2022(Moving violation) then the recent speeding ticket was March 2023(Speeding ticket). I have received a warning letter after the first 3 tickets. As... Read more »
answered on Mar 9, 2023
It is unclear whether you have paid these tickets or resolved them. But in any event, I do not believe that you are at risk under the provision of four within 12 months. But you are at risk if you get another ticket between now an August 2023. The other issue you are going to run into is that... Read more »
Ticket issue to me, registration under me even now I either want the vehicle at this point or be compensated the value due to this matter, the vehicle register says I own it I’m not sure who the actual owner is but the car says it’s registered to me this is fraud correct ?
answered on Mar 7, 2023
Your question is a little confusing. But you should certainly notify the state where the ticket was issued that you never ended up purchasing the car and you should provide them with information on who the owner is. If you do that, the ticket against you should be dismissed. You could also... Read more »
The month the case was dismissed was when they revoked my license. After talking with court administration, they stated they never sent anything to the DMV regarding my license. How can I get my license reinstated without paying the DUI fine of $680. I do not have a DUI on either my criminal record... Read more »
answered on Mar 3, 2023
It sounds as if you did not challenge the implied consent revocation of your driver's license. The time frame to do that has long since expired. You now have an alcohol related driver's license revocation on your driving record. You will need to pay the reinstatement fee and meet all... Read more »
If I cross paths with someone what does it mean prosecutor will not violate release conditions just avoid the person
answered on Feb 28, 2023
You should follow up with your attorney about this. But I assume that the prosecutor means that he won't file a violation of your release conditions if you see the protected party in public so long as you do not approach the person and have direct contact. That would also mean that you are... Read more »
Father of victim called and lied about health condition of victim to police and called prosecutor repeatedly until charges were filed. Victim has a psychosis condition hearing voices and people telling her what to do. Father was asked if the said condition was present in victim and father lied to... Read more »
answered on Feb 17, 2023
Character assassination isn't a "legal concept." Pursue to the expungement and try to get that pushed along. Ultimately, it is not up to the prosecutor whether to allow the expungement. That is a decision that the judge makes. You could certainly try to pursue some sort of claim... Read more »
I wasn't told why I was arrested, transported and I wasn't read my rights.
I was put in a holding cell with no information.
answered on Feb 17, 2023
They are not required to read your rights to you unless they are engaging in custodial interrogation. The idea that the reading of the rights is required upon arrest something created by television shows and movies. There might be other, more fruitful, legal issues that you can raise. Get an... Read more »
The police report says a weapon was used, there was not. I lied. What would the outcome be of that? There is a danco in place but we have children and my wife is caretaker to our kids while I work. I need her to come home. It was a drunken argument and it got out of hand so fast. What is my best... Read more »
answered on Feb 14, 2023
No one on this website can give you "odds" that the case is going to be dismissed. We don't have access to the police reports and the other evidence in the case. But you don't have "veto" power over the case. The fact that you want the case dismissed is important,... Read more »
Someone in jail gets on drug court for the first time and is being told she must sit in jail for a bed gut the individual in jail never signed up for a bed or anything like that she has been in jail 38 days they are trying to send her to inpatient treatment after her attorney said she should get... Read more »
answered on Jan 5, 2023
Jail is not treatment. Thirty days in jail is not going to count toward 28 days of inpatient treatment. It sounds as if she will be released from jail once a treatment bed becomes available. That bed hasn't opened up yet so presumably she hasn't been released. Treatment is typically a... Read more »
If an individual in custody for probation violation and finds that another county was a warrant out for a probation violation what needs to happen for the individual to get released
answered on Dec 28, 2022
The individual would likely be held until the first case is complete and then they would be transferred to the second county where the probation violation warrant was issued. The family could post bail on the second matter if it has been set. Otherwise, the individual would be held or would need... Read more »
My vehicle was parked on the road in front of our house. We left early morning on a Friday morning for a family emergency in another state. On Saturday night the cops issued a warning and left it on my car that I had to remove it in twelve hours. I was in another state and we did not get back home... Read more »
answered on Dec 12, 2022
To my knowledge there is no obligation to notify the owner before issuing the citation, but I would assume that you were ticketed for violating some local ordinance in Austin. I'd take a look at the specific ordinance and see that is addressed. But I would guess that the failure to contact... Read more »
The officer didn't turn his lights or sirens on until we were on private property. The officer located drugs during the stop . If the stop wasn't legal can the charges be dismissed?
answered on Dec 7, 2022
The charges can be dismissed if the stop wasn't legal. But this isn't the Dukes of Hazzard where you cross the county line or get onto private property and the cop has to leave you alone. That issue isn't going to be a winner. There might be other issues that can be successfully... Read more »
Officer upped the speed I was doing by 10 miles an hour when he entered the ticket into the state system. It does not match in any way the ticket I received. The ticket reads 70/60, the officer entered 80/60. County attorney wants to talk about it. I want to know if I should just wait and go... Read more »
answered on Nov 29, 2022
The officer doesn't enter the citation into the Court system. That is done by court administration. This is unlikely to result in dismissal. The citation would simply get amended.
So when I was younger I was diagnosed with low levels of autism and fasd but was before they knew I had adhd and they says that's the real reason I was like that according to state law In Minnesota and federal law you can't own a gun if you've been adjudicated as a mental defect by a... Read more »
answered on Nov 28, 2022
You should speak directly with an attorney about these issues. On first reading, it doesn't sound as if you would have any legal prohibition on owning or possessing a firearm, but you don't want to put yourself in a bad situation. A legal forum is no substitute for speaking directly... Read more »
I would like to recant my statement regarding a DV case i am a victim of. I know now I should've said the truth but i was scared of what woould happen.
answered on Nov 7, 2022
You can certainly recant your statement, but that is not a silver bullet in terms of resulting in an automatic dismissal. You might also expose yourself to criminal liability for filing a false police report. I would recommend that you get legal representation prior to contacting law enforcement... Read more »
Post convention bail is it possible for a person incarcerated in a Minnesota prison after conviction
answered on Nov 7, 2022
I'm not sure what a GSA performance security bond is. That is not a term that we use here in Minnesota. Once someone has been incarcerated, the trial court no longer has jurisdiction to set a bond, so I this isn't really going to be an option. That might be different if the person is... Read more »
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.