Willmar, MN asked in Criminal Law for Minnesota

Q: What does it mean when my attorney says prosecutor isn't going to violate my release conditions if cross paths

If I cross paths with someone what does it mean prosecutor will not violate release conditions just avoid the person

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

A: You should follow up with your attorney about this. But I assume that the prosecutor means that he won't file a violation of your release conditions if you see the protected party in public so long as you do not approach the person and have direct contact. That would also mean that you are obligated to leave the situation if the protected party approaches you in a public place.

Sarah Gad
Sarah Gad
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: 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 OFP (or some form of a do-not contact order) as part of your release conditions, which prohibits you from making contact with the protected person. A do-not contact order generally means you cannot go within 500 feet of the protected person or their residence. If you intentionally make contact with a protected person subject to a do-not contact order, that would be a violation of the conditions of your release and the judge could issue a warrant for your arrest if the person reported it. It sounds like this was not the case, however. It sounds like you inadvertently ran into the person, and if that is the case, it is not your fault and it should not be held against you.

Generally speaking, if you are in a public place and you cross paths with the person unknowingly, it would not be fair to hold that against you because you didn't know they would be there. Based on the limited information you provided, it sounds like it wasn't intentional. If you do happen to run into the person in a public setting, be sure to notify your attorney so that they can get ahead of the situation and defend you against any potential violations of your release conditions. Assuming that you bumping into the person was not volitional on your part (i.e., you did not know they were going to be there), they shouldn't violate you for it.

Best of luck to you.

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