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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More
I was cited by a tribal officer, but I was given a Becker Co. Citation, I requested this remain in tribal court and was denied, because the officer believed dac,IPS is a criminal act and would be heard in district court.
answered on Mar 25, 2024
It is a statute that imposes criminal consequences for failure to comply.
Clearfield Doctrine: [4] Corporations are not and can never be SOVEREIGN. They are not real, they are a fiction and only exist on paper. 5] Therefore, all laws created by these government corporations are private corporate regulations called public law, statutes, codes and ordinances to conceal... View More
answered on Mar 6, 2024
This is a bunch of nonsense. Folks have been raising sovereign citizen arguments for at least the last 15 or 20 years, probably longer. They aren't successful. If they were, these arguments would be raised in every single criminal case and no one would be convicted.
M client has a few DUI charges in different states and a warrant in a different state. He is trying to get his license in MN and these charges are back 10-15yrs.
answered on Feb 21, 2024
There isn't really a question posed here, but I would suggest that your client retain an attorney to assist with addressing these issues. There isn't really enough information in this question to intelligently help absent a conversation with the client.
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
Assessing the validity of the traffic stop is not something that can be done simply based on what you believe occurred. An attorney would need to review the police reports, squad video, body cam, etc. before providing anything resembling a meaningful answer to your question.
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
Typically, it is the judge assigned to the case that decides whether the conditions of release are going to be modified. His attorney cannot "judge shop" for a more favorable decision from a different judge. Your fiancé has a difficult decision to make here. It seems as if he will be... View More
But was clearly visible once he was stopped
answered on Jan 3, 2024
There should be dash cam footage of the traffic stop. The driver should be able to challenge the stop if the dash cam shows that the plate was not actually obstructed.
answered on Dec 13, 2023
Pro bono attorneys in Minnesota are called public defenders. You son can fill out an application for a public defender at the jail where he is being held. Otherwise, he should reach out to private attorneys to see what they might change in your son's circumstances.
answered on Dec 11, 2023
I don't believe that the GAL will be notified of the citation, but the GAL would be able to access that information.
I was charged with multiple violent felonies that were dismissed, and convicted of a misdemeanor (domestic assault.) I am not looking for an answer here, but want to know where to go for an absolute “yes” or “no.” Is there a service, agency or person that can provide the answer? Does an... View More
answered on Nov 20, 2023
A domestic assault conviction is bar to the possession of firearms under federal law.
Yet,I received a notice for a court appearance. So for a misdemeanor charge can one pay the fine and not have to go to court? Also the city attorney sent a letter about being booked after my court appearance. Yet, i wasn't arrested just given a citation.
answered on Nov 20, 2023
Just paying the fine for this will not be an option. It is a misdemeanor offense which requires a court appearance and it also requires booking as well.
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