Saint Paul, MN asked in Criminal Law for Minnesota

Q: Does the state of Minnesota have to have proof or do they go on the past criminal charges that are more than 10 yrs old

If there are no pictures of domestic violence or any evidence do they actually have a case in the state of Minnesota for a domestic violence charge which is a gross misdemeanor

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

A: This question is not particularly clear. If you are asking about a prior used to enhance to a gross misdemeanor, all they need is the fact of the conviction. The state doesn’t have to reprove the prior offense. Contact me directly if this does address your question.

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

A: Though the question is unclear, it may be about the state's proving a prior to enhance a misdemeanor domestic assault charge to a gross misdemeanor, based upon the fact of a prior similar conviction. The state does have to prove the prior, and sometimes they can't for various reasons. But they don't have to prove guilt on a past charge after the person was already convicted. They do have to prove the person was actually convicted.

William Bailey agrees with this answer

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

A: For enhancement purposes the state only needs to prove there was a conviction. For the new charge they have to prove the offense, but don't need pictures to do so. You could be convicted on testimony alone.

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.