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.
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 
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
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
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
The conviction in California was a no-contest plea, and out-of-state enhancement wasn't part of the deal.
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,... View 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 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... View More
I was charged in 2001 with felony terroristic threat and felony assault in the 5 degree.
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... View More
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
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... View More
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
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... View More
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.
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
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
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
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
Found a phone outside a gastation later that night cop came and got phone now im being charged with theft
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
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
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
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
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
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
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
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
I was never caught but mailed a citation that I never received because they had the wrong address however I paid my bail for the warrant and am going to court it’s for a misdemeanor theft and they want jail time but it’s almost been 3 years since it happened so if I wait it out will it be dismissed?
answered on Feb 15, 2023
You are correct in that there is a 3-year statute of limitations for theft (provided the value of what was stolen is <$35,000). However, the statute of limitations (SOL) in criminal matters only applies to whether the person has been charged. For instance, if the offense was committed on... View More
my friend has lived in the US pretty much his entire life. He was adopted by two US citizens when he was a baby and they brought him to the US as a baby. Hes had a few rough years and was convicted of some drug related stuff. He was contacted by immigration and they are trying to deport him. His... View More
answered on Feb 1, 2023
This might seem odd, but the answer really boils down to one question: did your friend turn 18 before or after February 28, 2001 at 12:00 a.m.? If your friend turned 18 after this February 28, 2001 cut-off, (or was born after February 28, 1978 at 12:00 a.m.) he should be able to acquire citizenship... View More
the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... View More
answered on Jan 28, 2023
Generally speaking, if a police officer has probable cause to believe that a car has drugs or other contraband, then they are permitted to stop the driver of that car and search it without a warrant. This means that they can temporarily detain you and bring in K9 dogs, etc. while they search... View More
A friend of mine is being charged for breaking into a storage facility after hours on camera. The video being used against him is known to have been collected by at least 2 different employees and transferred to a flash drive which investigators didn't pick up for 3 weeks. The prosecution only... View More
answered on Jan 28, 2023
The chain of custody typically starts once information is handed off from store employees to law enforcement. However, the chain of custody can include store employees who are either store detectives or security, or some type of asset protection specialist. Most major retailers have their own... View More
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