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Questions Answered by Sarah Gad
3 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Personal Injury for Minnesota on
Q: I live in MN and I was detained by the city police for assault in the third degree presumable evidence of injury..

The person who is claiming I injured them roll down a flight of stairs and broke a rib was that being said he told the police I pushed him when he tripped and rolled.. The first paper I received in jail nothing is filled out on it and everything is blank or there should be dates time and names and... View More

Sarah Gad
Sarah Gad
answered on Jan 1, 2024

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

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I don't think my court appointed attorney is defending me as well as he could/should be. How do I ask for a new one?

My public defender does not communicate with me and refuses to anything I request him to do. I have to request multiple times and then if he feels like it he explains it's too late to do what I request or he just doesn't acknowledge my request.

Sarah Gad
Sarah Gad
answered on Dec 23, 2023

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

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m going to represent myself in a petty theft case today. My plans to just plead guilty. Anything I should say or do?

Any advice on how to go about this? I’ve never represented myself before and would like anybody’s opinion ASAP please

Sarah Gad
Sarah Gad
answered on Nov 28, 2023

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

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am in MN. have two charges from the same incident. They both Domestic Abuse charges.

This is my first time facing these types of charges. There is a No Contact order with my Mom (the alleged victim) that she doesn't understand.

I am scared I am going to go to jail. My Mom said they would just give me probation. She does not want me to go to jail. She also is afraid... View More

Sarah Gad
Sarah Gad
answered on Nov 27, 2023

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

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3 Answers | Asked in Criminal Law for Minnesota on
Q: How do I go about being falsely accused of theft in a city I've never been. I don't know how to go about it to clear it.

Theft charges in a place I've never been. There's a remote hearing scheduled but I don't know what to do. They say they have a video can I or how do I request the video. What are the best steps to take.

Sarah Gad
Sarah Gad
answered on Sep 11, 2023

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

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Minnesota on
Q: I'm in Minnesota I have a medical marijuana card and my parole agent does not want me to use marijuanacan I be violated
Sarah Gad
Sarah Gad
answered on Aug 2, 2023

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

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3 Answers | Asked in Criminal Law and Municipal Law for Minnesota on
Q: Can one have a case dismissed if city attorney lies to the court for a change of a trial date?

Audio recording from city attorney saying emergency surgery, I have proof the city inspector was in the Philippines visiting his new internet girlfriend. Code violation and years of being harassed by the city. Lies on the probable cause. Not on the city hit list of violators, no complaints, no... View More

Sarah Gad
Sarah Gad
answered on Jul 5, 2023

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

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4 Answers | Asked in Criminal Law for Minnesota on
Q: A different state used a California conviction to enhance their sentence. Is that legal?

The conviction in California was a no-contest plea, and out-of-state enhancement wasn't part of the deal.

Sarah Gad
Sarah Gad
answered on Jun 12, 2023

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,...
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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is there a form to petition the judge to have a MN DANCO removed or modified? I'm the victim of state brought DANCO

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

Sarah Gad
Sarah Gad
answered on May 24, 2023

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...
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1 Answer | Asked in Criminal Law for Minnesota on
Q: Is it possible to have my charges from 2001 expunged?

I was charged in 2001 with felony terroristic threat and felony assault in the 5 degree.

Sarah Gad
Sarah Gad
answered on May 24, 2023

Unfortunately, neither one of these offenses (felony assault & terroristic threats are expungable offenses in the State of Minnesota at this time. You can find a full list of expungable felony offenses here: https://www.revisor.mn.gov/statutes/cite/609A/full#stat.609A.01.

If you...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: I got caught shoplifting and got a citation. Does this mean I will be charged or just pay a fee?

Please no judgments, I made a dumb mistake and I very much regret it. But here goes:

I was caught undersigning merchandise at a large retailer, about $180, and the store security stopped me and made me go back to pay for the merchandise so I did, and then I was escorted into a room by... View More

Sarah Gad
Sarah Gad
answered on May 7, 2023

No judgments here. We all make mistakes and we as defense lawyers are here to help mitigate the fallout from your mistakes so that you are not defined by them. With that said-

The answer to your question is: it depends. The police officer who took the report and issued the citation will...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can you be prosecuted for a privately sent video of you using drugs found on a friends cell phone?

You

A friend (buddy 1) of mine goes to turn himself into jail and has his phone. The cops later search it and find old videos of him and another friend (buddy 2) blowing out bong rips that were sent to one another, privately. Can the cops charge my friend (buddy 2) with anything?... View More

Sarah Gad
Sarah Gad
answered on May 5, 2023

Unlikely that Buddy #2 would be charged.

If Buddy #2 was some sort of accomplice to the crime that Buddy #1 turned himself in for or was part of a conspiracy with Buddy #2, or the two were part of a drug conspiracy, then yeah, possibly. It also depends on how old the videos are (statute of...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was walking down the street and police patted down my jacket for no reason. they found drugs. can they charge me?

I was walking about 100 yards from my car to a liquor store and was stopped and told I needed to put my hands above my head, I did a double take because I didn't know they were talking to me (why would they bc I wasn't doing anything shady) they found some drugs but not a lot.

Sarah Gad
Sarah Gad
answered on Apr 29, 2023

This is a great question. As a general matter, a person who is walking down the street minding their own business is entitled to Fourth Amendment protection, which protects people from "unreasonable searches and seizures" by the government. What you are describing sounds like a Terry... View More

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3 Answers | Asked in Criminal Law for Minnesota on
Q: : Can money and gun be seized if raid officers found fifth degree drug. The drug found was no where by the guns or money
Sarah Gad
Sarah Gad
answered on Apr 29, 2023

There is not enough information to answer your question fully. If the items were seized pursuant to a warrant, then perhaps they could be admissible. But it would depend on what the scope of the warrant, the "totality of circumstances," whether you had a reasonable expectation of privacy... View More

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3 Answers | Asked in Car Accidents and Criminal Law for Minnesota on
Q: My girlfriend ran a stop and hit a police car. She is facing a misdemeanor with possible jail, but can she get less?

Traffic violation and damage of government property, both parties are fine. She is facing a misdemeanor with possible jail and/or a fine, but what are her odds of getting it down to a petty misdemeanor and less of a fine? She has been a great driver for years but happened to be running late to work... View More

Sarah Gad
Sarah Gad
answered on Apr 29, 2023

If your girlfriend is a first time offender, there is a good possibility that the prosecutor would offer a stay of adjudication which would mean that she would be sentenced to a period of supervision, and it would prevent the offense from going on her record, provided she does not commit another... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can you be charged with theft if you find a cell phone outside a gastation

Found a phone outside a gastation later that night cop came and got phone now im being charged with theft

Sarah Gad
Sarah Gad
answered on May 7, 2023

Surprisingly, yes you can. As a general rule: if you find a tangible object anywhere (public or private) and you know that object does not belong to you and you take it with the intent of keeping it, thereby depriving the rightful owner of their property, that is prima facie theft. It does not... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can u be charged with theft if u find a cell phone at a gas station
Sarah Gad
Sarah Gad
answered on Apr 9, 2023

Yes, you sure can. The laws pertaining to theft in the state of Minnesota are fairly simple. As a general matter, if you find someone else's lost property (it doesn't matter where) and take it with the intent of keeping it for yourself (without first making a reasonable effort to find the... View More

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Q: Can I be charged with things not on a warrant . Say the warrant was for stolen stuff but cops got me with bullets and dr

Cops came to my house to search my truck for stolen things but only found bullets ,paraphilia,and on my phone pics of stolen things can they charge me if what they found was not on the watrent. Things they found were out of my storage unit I was bringing back to storage didnt even know any of that... View More

Sarah Gad
Sarah Gad
answered on Mar 10, 2023

I do not know the full circumstances of the situation and cannot answer your question specifically. Generally speaking, a warrant has to state with particularity the items to be searched and seized. The police must request a warrant signed by a neutral third party (i.e., judge or magistrate) unless... View More

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3 Answers | Asked in Domestic Violence and Criminal Law for Minnesota on
Q: I was falsely accused of domestic assault by my ex-fiance and there is a DANCO. Her family wants to testify. Can they?

My ex-fiance has a long history of making false accusations out of spite. Her whole family knows I am being falsely accused and they want to testify on my behalf. I told my public defender that they want to speak with him, but he said he is not allowed to talk to the victim's family because it... View More

Sarah Gad
Sarah Gad
answered on Mar 9, 2023

Your attorney is allowed to speak with the alleged victim's family. The alleged victim's family does not have to speak with your attorney, but the prosecutor prevent them from doing so if they wish to. The same goes for any other potential witness with pertinent information; the... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: What does it mean when my attorney says prosecutor isn't going to violate my release conditions if cross paths

If I cross paths with someone what does it mean prosecutor will not violate release conditions just avoid the person

Sarah Gad
Sarah Gad
answered on Feb 28, 2023

While I do not know the circumstances surrounding your situation, the way you presented the information makes me think that you have a case pending and part of your release conditions include staying away from a protected person or their residence. I would imagine that the court issued a DANCO or... View More

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