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... Read 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... Read 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... Read 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... Read more »
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?... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »
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?
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 »
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?
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... Read more »
This is a weird one. What charges could someone face for using medical (biohazard) trash/waste to obtain info for Identity Theft?
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 »
The finding of facts is dated incorrectly for the offense's commission. What can I do as defendant?
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.