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Questions Answered by Sarah Gad
1 Answer | Asked in Immigration Law and Criminal Law for Minnesota on
Q: can a person be deported if they were born in other country and adopted by US citizens as a baby?

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... Read more »

Sarah Gad
Sarah Gad
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... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: i was pulled over because of an anonymous tip.

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... Read more »

Sarah Gad
Sarah Gad
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... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: What are the proper steps/rules for collecting video evidence and where does the chain of command begin?

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... Read more »

Sarah Gad
Sarah Gad
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... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can you have evidence suppressed at the time of trial in Minnesota

The public defender on this case is completely useless, he waived the omnibus hearing and probable cause hearing, jury trial is only a week away now and I need to know if video evidence can be suppressed at the time of trial if the authenticity can't be verified by the prosecution?

Sarah Gad
Sarah Gad
answered on Jan 27, 2023

That is a good question. Generally, motions to suppress are filed well in advance of trial. In felony and gross misdemeanor cases, motions must be served upon opposing counsel no later than three days before the Omnibus Hearing—unless the court finds good cause to permit the motion to be made and... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Permit to carry while living in a school zone. How may I exit my property without breaking the law?

The area around my house is within the "1000 Feet" outline in Federal law. Other than being in a vehicle, what exceptions can be made for me exiting my property with a firearm without breaking this law?

Sarah Gad
Sarah Gad
answered on Jan 23, 2023

That is an excellent question.

The Federal law that you speak of (18 U.S.C. §§922(q); 921(a)(25)) does indeed prohibit possession of a firearm that is within 1,000 feet of a public or public school, but it does NOT apply to possession of a firearm on private property that is NOT part of...
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3 Answers | Asked in Criminal Law, Health Care Law and Identity Theft for Minnesota on
Q: Charges for Using Discarded Medical Info for ID Theft

This is a weird one. What charges could someone face for using medical (biohazard) trash/waste to obtain info for Identity Theft?

Sarah Gad
Sarah Gad
answered on Jan 21, 2023

Tampering with medical/biohazard waste can engender both civil and criminal penalties, but the penalties vary substantially depending on the context, who the offender was (i.e., a medical employee, company), where it took place, and what the violation was. There are, however, various Federal... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: After a motion to dismiss is denied & an order is entered specifying facts on the wrong date of an offense can I object?

The finding of facts is dated incorrectly for the offense's commission. What can I do as defendant?

Sarah Gad
Sarah Gad
answered on Jan 11, 2023

Provided that the wrong date listed is a clerical error, you (or your attorney) can certainly bring the error to the Court's attention and ask that they correct it. You can do so by filing a motion to correct the clerical error; in doing so, be sure to identify the page numbers and... Read more »

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1 Answer | Asked in Civil Litigation, Personal Injury and Small Claims for Minnesota on
Q: My ps4 has been stolen, what would be the charge for this if I did decide to press charges/report it.

I know who did and I have their information they just won’t give it back. Would this situation be taken seriously by the cops or am I just wasting my time reporting it? All I really want is my stuff back I’m not even interested in pressing charges

Sarah Gad
Sarah Gad
answered on Jan 9, 2023

As frustrating is it is to have your property taken without your consent, filing a police report and subjecting the person to criminal prosecution is a somewhat of a drastic measure. You might want to ask yourself if it is worth it to do so, or if there are other measures you can take to have your... Read more »

4 Answers | Asked in Immigration Law and Criminal Law for Minnesota on
Q: can someone be deported if they are convicted of shoplifting? the person has no other convictions.

the person was charged with shoplifting about $60 of merchandise at Walmart. they have not been convicted yet but they are worried it will affect their green card.

Sarah Gad
Sarah Gad
answered on Jan 9, 2023

It is highly unlikely that the person will be deported under the circumstances you described. In the world of immigration law, shoplifting and other crimes of dishonesty are called "crimes involving moral turpitude" (CIMT). A conviction for a CIMT can indeed affect a person's... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: What if the suspect just keeps repeatedly saying they do not understand their rights or the charges against them?

What happens if the defendant continously says they do not understand their rights or the charges throughout an arrest, detainment, interrogation, court appearance? How does the court proceed if the defendant refuses to even acknowledge any understanding of what is happening?

Sarah Gad
Sarah Gad
answered on Jan 8, 2023

Generally speaking, a defendant cannot be required to stand trial if they are not mentally competent or fit to do so. Competency in the legal sense requires, at minimum, that a person be able to understand the nature of the proceedings against them and play a role in their own defense. In a 1975... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Can the court order a relationship to dissolve if they are unmarried?

Can the court order a relationship between two people to end? I was involved in a domestic assault call at my house where my spouse was arrested and charged. I did not wish for a no contact order to be put in place. The terms are "no unwanted contact" meaning I can rescind my invitation... Read more »

Sarah Gad
Sarah Gad
answered on Jan 7, 2023

Yes, you can rescind a no-contact order if both parties consent to future contact. To drop it, would need to go back to the court that issued the no-contact order and file a motion to dismiss the order. The motion should include an explanation about why you want to drop the restraining order.... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Can drug court do this

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... Read more »

Sarah Gad
Sarah Gad
answered on Jan 5, 2023

Unfortunately, the jail time will not count towards treatment. It sounds like the drug court judge placed a detainer hold on her, meaning that she will not be released from the jurisdiction she is currently in until she undergoes treatment, regardless of the warrant/bail situation in the second... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: If an individual is in custody for probation violation and has a warrant in another county for a probation violation

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

Sarah Gad
Sarah Gad
answered on Dec 28, 2022

I know that this likely will not be the answer you want to hear, but the person unfortunately will have a detainer lodged against them in the first county, meaning that the first county jail cannot release that person until after (1) first probation violation is resolved and (2) the person is... Read more »

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3 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on
Q: Minnesota. Won appeal on a Possession charge. Already in prison. Case was sent back to district court. Now what?

MN declined Supreme Court. Now what??

Sarah Gad
Sarah Gad
answered on Nov 26, 2022

The answer is: it depends. Generally speaking, if a person is convicted of a crime and sentenced to prison for that crime, then it follows that they must be released from prison if the predicate conviction was vacated on appeal. Unless the person was convicted of multiple offenses that carried... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, International Law and Libel & Slander for Minnesota on
Q: needing help with dealing with a uruguayan resident in minnesota.

I have a uruguayan resident cyberstalking me and others for 2+ years, affecting my mental health + work. They started stalking me in early 2020, and i am afraid to have social media accounts so they won’t affect me/my friends anymore. i am a disabled artist and this person has affected my ability... Read more »

Sarah Gad
Sarah Gad
answered on Nov 26, 2022

Unfortunately, it sounds like you have a cyberstalker, and you're not alone. As many as 8% of Americans report being stalked online at some point in their life. In many cases, it's possible to get rid of the person on your own by locking down your social media and other accounts. But if... Read more »

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