Willmar, MN asked in Criminal Law for Minnesota

Q: My 2 brothers and I all got drug charges stemming from a search warrant. My lawyer insisted on waving my omnibus and pl

Plea. Then the warrant and all the charges get thrown out for brother #2. My other brother is still fighting his charges. If the judge threw the warrant for one of us shouldn't it be throw out for all of us?

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

A: The legal issues are not necessarily the same for all three brothers. The legal issues would specific to each brother's situation. The judge who threw out your brother's case only has the authority to decide the case that is in front of the judge.

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

A: Not necessarily. But I would assume your lawyer is looking into it. The issues in multi-defendant cases do not always fit or apply to every co-defendant, depending upon the facts. We don't have access to those here, of course, But your lawyer should have access. Give him or her a call to discuss.

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