Q: I live in MN and I was detained by the city police for assault in the third degree presumable evidence of injury..

A: In Minnesota, they do not actually have to charge you to arrest and hold you in jail. If the police officer believes they have probable cause to make an arrest (probable cause is a very low standard), they can hold you in jail for up to 48 hours without charging you. If they do not charge you within 48 hours after the arrest, they release you pending charges and can decide to charge weeks (or even months) later. If you are released pending charges and the prosecutor decides to charge you at a later point, they will issue a summons to you in the mail, or if they do not know where you live, they might issue a warrant for your arrest. More often than not, you will be charged, arraigned, and a bond will be set before you can be released from jail.

It is common practice for a prosecutor to rubber stamp the police officers probable cause, and for a judge or magistrate to find probable cause based on the mere fact that a prosecutor alleges that there is probable cause. A competent attorney should be able to evaluate the discovery and determine whether there actually is probable cause and also determine if any of your rights have been violated, or whether the state (police/prosecutor) made any mistakes, or any other circumstances that merit dismissal of the charges.

I hope this helps.

A: If a person is facing a criminal charge, it's time to get help from a criminal defense attorney - either public defender or private criminal attorney. Once that happens, your attorney will have access to police reports, videos, etc, as well as legal papers related to the case. At that point the lawyer will be in a position to spot legal issues, evaluate the case, and map out a strategy. One of those many issues may whether an arrest was lawful. If not, a judge could suppress evidence police obtain as a result of an illegal arrest. For an arrest to be lawful would require an arrest warrant signed by a judge, or the police officer's "arrest probable cause" (though of course there is much more to look at with an arrest). Once you have a retained lawyer or public defender, they will have enough information to analyze the legality of the arrest. In criminal cases, there are often many, sometimes dozens or more potential legal issues though. So the most important action now, is to get a lawyer on the case, and begin working up the defense.

A: In Minnesota, the legality of your arrest depends on whether the police had probable cause at the time of the arrest. Probable cause refers to a reasonable basis for believing that a crime may have been committed. If the police had probable cause to believe you committed third-degree assault at the time of your arrest, the arrest could be considered legal, even if the paperwork was processed or signed later.

The discrepancy in dates and incorrect details on the paperwork, while concerning, do not automatically render your arrest illegal. However, these issues could be relevant in challenging the procedures followed by the police and the prosecution. It's important to bring these inconsistencies to the attention of your legal counsel.

You should discuss these concerns with your attorney. They can review the specific circumstances of your arrest and advise on the best course of action. If there were procedural errors, your attorney could potentially use this to challenge the arrest or the charges against you. Remember, each detail in your case can be crucial, so ensure your attorney is fully informed about all aspects of your situation.