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
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.
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
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.
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