In Minnesota, even if the citation you received doesn’t list a court date, shoplifting offenses require a court appearance. That court appearance typically comes by way of a summons that will be mailed to you, so it’s important to keep a close eye on your mail in the coming weeks. If you... View More

They absolutely shouldn't, but they do all the time. Inviting someone who threatened your life to show up during a search warrant at your home is not just reckless—it’s a complete failure of their duty to protect you. Unfortunately, this kind of behavior isn’t as rare as it should be,... View More

Even though you already left a voicemail, do not provide any further statements or explanations to law enforcement. Anything you say can and will be used against you. The officer may seem helpful or neutral, but their job is to investigate a crime—not necessarily to clear you. Instead, consult... View More

Unfortunately yes, it is perfectly lawful and happens during any arrest. When you are arrested for any offense, police officers are permitted to do what's called a search incident to arrest. Whatever they find on you during the search incident to arrest is fair game for charging purposes. In... View More

The short answer is that yes, a couple can marry for the purpose of gaining access to the marital privilege in court actions, even if the charges are pending when the marriage happens. But, Marital privilege for evidentiary purposes is actually two separate privileges:

The first is the... View More

It sounds like you were pulled over on suspicion of a DUI and the police officer searched the car and allegedly discovered a controlled substance in the vehicle. It is pretty atypical for someone to be charged separately for alleged offenses arising from the same incident, but it is permissible and... View More

You can carry your firearm in your vehicle as long as it is unloaded and in the closed trunk of your vehicle. If you want immediate access to the firearm, you need a permit to carry. The law does not regard self-defense as an excuse to not not have a permit to carry.

You can apply for a... View More

You can be charged with assault if the police have probable cause to believe you assaulted the person. Probable cause is not very high standard. If the alleged victim had a visible injury and claimed that you were the attacker, that's pretty much all that is needed for probable cause to charge... View More

You are correct that there is a new aiding and abetting law in the context of felony murder in Minnesota, but whether the new law is applicable to your fiancé's situation requires additional information. With that said, the new law dictates that a person cannot be charged under the... View More

In Minnesota, they do not actually have to charge you to arrest and hold you in jail. If the police officer believes they have probable cause to make an arrest (probable cause is a very low standard), they can hold you in jail for up to 48 hours without charging you. If they do not charge you... View More

Based on the facts that you provided (that you are a 1-time offender charged with a petty misdemeanor) you won't face jail time. You can just state you plead guilty to take accountability for your, establish a factual basis for the guilty plea (explain to the judge why you what happened and... View More

It is imperative that you maintain no contact with your mother while the no-contact order is in effect. Only the judge can lift the no contact order through a motion or request by the victim's advocate. Typically, a hearing will be held on the matter. Sometimes that judge will just issue an... View More

I am sorry to hear that your public defender is not responsive to you. The Sixth Amendment guarantees every person charged with a crime competent legal counsel, so if your lawyer is not answering your questions or providing you with information about your case, then they might be violating your... View More

You should definitely appear at your remote hearing so a bench warrant is not issued. Get a lawyer as soon as reasonably possible, or if eligible, apply for a public defender. Tell your lawyer that you want access to the video. Most lawyers will file a discovery request to obtain the video, and if... View More

Yes, you should consult with a criminal lawyer ASAP. Confidentiality attaches the moment you consult with an attorney, so you can be honest with them about whatever it is you are alleged to have done. But it is also important to find someone who you feel comfortable speaking with and who you feel... View More

Technically, they can violate you for it (depending on the county) but you could overcome this by seeking a court order from a judge permitting you to use marijuana for legitimate medical reasons. In an ideal system, you would not be violated for taking your prescribed medication, but laws can... View More

In my opinion, a documented lie by a city attorney that is unrelated to the factual basis for a criminal charge probably would not directly result in the dismissal of that charge. This is especially true if if there is probable cause and corroborating evidence to support the charge (a city... View More

This is a good question.

Based on the information you provided, I will answer this under the assumption that Minnesota is the jurisdiction that is using the California conviction to enhance the sentence, and the California conviction was recent (i.e. less than 15 years old). In this case,... View More

No, a person with a 609.72.1 conviction for disorderly conduct alone will not cause you to forfeit your Second Amendment rights to own a firearm. If you don't have any other convictions (especially felony convictions) you should still be eligible to have a firearm.

There is no form or petition for this. A DANCO can only be lifted by a judge.

If you wish to have the DANCO lifted or modified, I would start by reaching out to the victim's advocate assigned to the defendant's case. In almost all domestic violence cases, there is a... View More