Asked in Criminal Law and Appeals / Appellate Law for Minnesota

Q: I got pulled over in fall 2020 for a missing headlight which ultimately led to me being charged with 5th degree possess

Question of ADA and criminal law I’m disabled due to neurological conditions and have bad memory I don’t remember most of the issues can it be dropped charges

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

A: A bad memory isn’t going to result in dismissal of charges. Charges could be dismissed if you were incompetent at the time the offense occurred - ie. you didn’t understand the nature of your actions or you didn’t understand right from wrong - due to a mental illness. This is a serious charge and should be treated seriously. Get an attorney onboard to help you.

1 user found this answer helpful

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

A: In Minnesota, generally police will be able to lawfully stop a vehicle with one of two headlights out. Disabilities and memory issues of the defendant would not normally be a defense to a criminal charge. However, depending upon type and severity of cognitive issues, issues such as "not-guilty by reason of mental illness" and-or "competency to participate in legal proceedings" could be raised. While I applaud any defendant's efforts to search for viable defenses, there is no substitute for having an experienced criminal defense lawyer assist in collecting all available factual information, analyzing it for legal issues, and then raising them in court on behalf of the accused.

1 user found this answer helpful

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