Chicago, IL asked in Criminal Law for Minnesota

Q: I just found out a have two felony warrants. One is for failure to appear. The other says check fraud.

I live out of State and had no idea that I had a court date. I am a single mother with limited income. This has to be some type of fraud. How do I find out what it's about and get the warrants lifted without going to jail. I have never wrote a bad check. I have no clue what this would be about. I want to prove my self before I appear. I know i need ti contact a criminal defence lawyer but I do not have the funds. This is the 2nd time in a year I have been accused of something I did not do in this county. My daughter was sexually assaulted by a 17 year old boy 6 months before all this and his mom works for law enforcement in this county. They would not charge him because he told the police he thought she was sleeping. They said they could not prove criminal intent. I have a feeling this is why I am getting all these false charges. Can I do anything about that as well?

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3 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: I’m not sure how he wouldn’t be charged if she was asleep. Someone who is asleep cannot consent.

As far as your situation is concerned, you’re somewhat stuck. You could turn yourself in on the warrant and apply for a public defender. Or you could attempt to get funds for a private attorney. Attorneys might work with you on a payment plan or family might be able to help. But a public defender will not represent you before you appear in court.

William Bailey
William Bailey
Answered
  • Criminal Law Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: You need to get an attorney on your side. If you can’t afford one, you will have to turn yourself in and get a public defender.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: The way to clear a warrant is normally to surrender to law enforcement, ideally in the jurisdiction originating the warrant. But in recent years, some arrest warrants for lower level criminal charges can be cleared with bail, without being booked into jail to await a bail hearing. In a case of identity theft, you could try to get help and convince the prosecutor that the charge is the result of identity theft. Typically prosecutors refuse to discuss anything while a warrant is outstanding, however. The other question would require more information.

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