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Questions Answered by William Bailey
2 Answers | Asked in Criminal Law for Minnesota on
Q: I received a stay of adjudication for my disorderly conduct back in 2017.

I complied with all requirements yet my public record still states that I was convicted and is preventing me from renting and finding work.

William Bailey
William Bailey answered on Jan 24, 2020

If the case really was resolved with a stay of adjudication and you completed probation successfully, a conviction should never have been entered. Sounds like there may be an error by court staff. You should have a lawyer help you get this corrected.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I just found out a have two felony warrants. One is for failure to appear. The other says check fraud.

I live out of State and had no idea that I had a court date. I am a single mother with limited income. This has to be some type of fraud. How do I find out what it's about and get the warrants lifted without going to jail. I have never wrote a bad check. I have no clue what this would be... Read more »

William Bailey
William Bailey answered on Jan 19, 2020

You need to get an attorney on your side. If you can’t afford one, you will have to turn yourself in and get a public defender.

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1 Answer | Asked in Immigration Law for Minnesota on
Q: Proof of immigration status?

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William Bailey
William Bailey answered on Jan 15, 2020

I am not sure what you are asking. Try re-posting with some additional details about your situation.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Any way to change deportation status after 10+ yrs

My wife of 12yrs has a deportation status but never deported or remove because her county is not willing to take people back yet (Vietnam and she was here as of 1985 and she has the deportation status before we go marry and I am a US Citizen). Is there any way we could get her status back? Any form... Read more »

William Bailey
William Bailey answered on Jan 15, 2020

This is a complex question. Certainly not the kind of question to be answered off the cuff on a site like this. I suggest you and your wife consult with an immigration lawyer to learn all of your options.

3 Answers | Asked in Traffic Tickets for Minnesota on
Q: Location MN. Do you need to stop for a school bus at a T-Intersection when you are on the main road with no stop sign

School bus has red lights on, is on the road that has a stopsign to the main road.

William Bailey
William Bailey answered on Jan 14, 2020

The general rule is that if the stop arm is out and the lights are on you are supposed to stop until the arm is retracted and the lights are turned off.

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2 Answers | Asked in Immigration Law for Minnesota on
Q: I want to study Aviation in the US but my Visa won't allow me to. Please help.

I'm a senior in high school and I am currently on a L2 visa until 2022, and I want to study aviation in the US. I was talking to an admissions counselor and she told me "Aviation Pilot is NOT an approved program for those seeking an F-1 visa at this time". Does that mean I can only... Read more »

William Bailey
William Bailey answered on Jan 15, 2020

Immigration law is often very complex. Your best bet is going to be sitting down and having a consult with an immigration lawyer. Only then will they be able to explain all of your options and help you select the best one.

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3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Minnesota on
Q: How do you get a danco dropped or can you even? If you modify an ofp does that modify the danco as well?

By bf and I have an ofp and also a danco. I have court this wed to ask to modify the ofp as I'm pregnant and want phone calls and for him to attend my Dr appts. Hes in treatment. If they grant the ofp modification does that go for the danco as well or do I have to do something else for the... Read more »

William Bailey
William Bailey answered on Jan 13, 2020

If there are multiple orders prohibiting contact they would all need to be modified in order for contact to be allowed. If only one is modified, the other would remain in effect and contact would be a violation.

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3 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Minnesota on
Q: I don't want to testify against my bf will I be in trouble if I don't ? Its a domestic assault type case

My bf is being charged with 2nd deg assault w/dangerous weapon. I don't want to testify as I dont want him to go to jail. The issue was he was on drugs and now in a long term treatment program. I wanted him to get help for his issues. He is pleading not guilty and taking it to trial. If I get... Read more »

William Bailey
William Bailey answered on Jan 13, 2020

You could be held in contempt and the judge could also issue a warrant for your arrest.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I'm in Minnesota can I be force to fight a criminal case without a attorney been denied a public defender I'm unemployed

But I'm married and stay with my wife..

William Bailey
William Bailey answered on Jan 13, 2020

Yes, you will still have to deal with your case even if you do not have a lawyer. You can try to apply for a public defender again with updated financial information or you can reach out to a private attorney. Many of us offer free consultations.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: Admissibility of a breath test report from the Intoxilizer Machine re DUI charge in MN

If the breath test report does not include the test subjects name or any of the identification information the report request to be completed by the officer filling in the data fields for the breath test operation and report... is it admissible in court? Report had no mention of who the test... Read more »

William Bailey
William Bailey answered on Jan 13, 2020

The state will likely have other ways to provide this information and have the test record admitted. If you are facing a DWI charge, you really should have an attorney helping you.

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is it possible to have a disorderly conduct charge dropped and/or ensure that this doesn’t show up on background checks?

I’m being charged w/disorderly conduct as a result of my fiancée calling/lying to police during a bad argument. He told the officer that I hit him during this, when I did no such thing. In my struggle to get away from him (I was pinned up against a wall) the most I did was yell loudly for my... Read more »

William Bailey
William Bailey answered on Jan 13, 2020

There are a few different ways to keep this from becoming a conviction on your record. You should have an attorney assist you to give you the best chance to avoid a negative impact on your record.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: isnt it unreasonable for a probation officer who has monitored a phone a yr. at defend. expense to then take and keep it

she took and kept phone for no stated reason he missed his call to her two days later now he is in jail for 2 months with high bail she had no reason to take it she monitored for a year

William Bailey
William Bailey answered on Jan 13, 2020

I am not sure I completely understand the situation. I recommend contacting an attorney do discuss all of the facts. Then an attorney will be able to advise on what can or should be done.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: What happens when you blow under the limit at the police station but blew over right after leaving the bar?

You are 21. You got pulled over right after leaving so alcohol was still in your mouth/saliva so you blew over. Once you get to the station you blow under. What happens? Do you still get a DUI or DWI?

William Bailey
William Bailey answered on Jan 13, 2020

You could still be charged with DWI if the state believes they can prove that you were under the influence.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: A detective is trying contact me won't tell me what's its about how can I find out without meeting with the detective

I've spoken on the phone with him and he just keeps saying we need to talk and I've told him that have nothing to say to him without a lawyer how can I find out what this about without meeting the detective

William Bailey
William Bailey answered on Jan 13, 2020

You should hire an attorney to represent you. Then your attorney will be able to contact the detective and determine what is going on as well as advise you on your best course of action.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: If a case is dismissed by the Prosecutor, then they re-open immediately with a complaint, is all previous info in invald

Case was dismissed because Defendant wanted a complaint. Case was re-opened same day as dismissed with same case number and clerk says it was never really dismissed. There is a Motion to Dismiss that was not officially "heard" will that have to be re-submitted?

William Bailey
William Bailey answered on Jan 13, 2020

I would need to take a look at the court documents to ensure that I understand the entire situation, but as a general rule, a prosecutor can usually re-charge a case that they have previously dismissed. You should have a lawyer assist you in fighting your case.

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3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: My boyfriend was arrested for a warrant and my truck was seized by the county police. I was not present during that.

Stimulation offered to me i refused to agree to. Saw judge once and he said I needed to file some sort of claim or process but I cant remember what or which. What do I do to start legally regaining my property and sue the county for unneeded force by running into my parked and shut off truck... Read more »

William Bailey
William Bailey answered on Jan 13, 2020

In order to fight the forfeiture of your vehicle, you need to file a petition for judicial review within 60 days. This is a complicated process and you should have an attorney assist you.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: if the prosecutor made a false statement saying I had drug para/a scale on my persons in a motion response can I fight

im on appeal currently because, I was pulled over as passenger in a vehicle I was placed under arrest for a misdemeanor non drug related warrant at the time of my arrest I was detained and moved to a squad car later a k-9 sniff of the car lead to a physical search, in that perch was found in a... Read more »

William Bailey
William Bailey answered on Jan 13, 2020

You should have an attorney assisting you with this. There are very particular rules about how things must be done on appeal. If you try to do this on your own, you may end up making costly mistakes.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I got a ticket for theft and its been three weeks and there's no record of it on the court website is it still valid?
William Bailey
William Bailey answered on Jan 13, 2020

It can often take quite a while for the ticket to be filed into the system. You can continue to monitor it or better yet, have a lawyer do so for you.

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