Minneapolis, MN asked in Criminal Law and Civil Rights for Minnesota

Q: Can they charge me separately give me two different charges for the same pull over stop or should they be together.

I got pulled over got a 5th degree and a dui. They charged me a year later and also they charged me separately a week apart dui charge then 5th degree a week later so now I’m on probation for one and bail for the other. I have no criminal history and I know they’re doing this on purpose THE PROBLEM IS I DONT HAVE MONEY FOR A LAWYER AND THESE PUBLIC DEFENDERS ARE NOT HELPING ME. I need a payment plan something for a lawyer but what do people who aren’t rich don’t have money we just do have a chance? I don’t have a criminal record this effects my entire life taking care of my dad elderly everything where do we go for help I don’t understand this stuff .

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2 Lawyer Answers

A: It sounds like you were pulled over on suspicion of a DUI and the police officer searched the car and allegedly discovered a controlled substance in the vehicle. It is pretty atypical for someone to be charged separately for alleged offenses arising from the same incident, but it is permissible and not unheard of. I'm assuming that you were charged with the DUI immediately, were represented by a public defender, and resolved that case and then you got hit with the 5th Degree Possession charge a year later when you were least expecting it.

An unfortunate flaw in our legal system is that it does not really care about the hardships it inflicts on the lives of defendants. If you do not feel like you are being adequately represented by your public defender, you should call around and see if there is a defense attorney in your county who will agree to an affordable payment plan. If this second case is just the one 5th Degree charge and you don't have a significant criminal history, it should be a pretty simple case to resolve.

I hope this helps. Best of luck to you.

James L. Arrasmith
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Answered

A: I understand you're in a difficult situation and feeling frustrated with the legal process. While I can't provide specific legal advice, I can offer some general information and suggestions that may be helpful:

1. Multiple charges from one incident: It's not uncommon for prosecutors to file multiple charges stemming from a single incident. This practice is generally legal, even if the charges are filed at different times.

2. Public defenders: While public defenders are often overworked, they are still trained legal professionals. Try to communicate clearly with your public defender about your concerns and ask for explanations of anything you don't understand.

3. Legal aid options: Look into local legal aid organizations that might be able to assist you or provide guidance:

- Legal Aid Service of Northeastern Minnesota

- Mid-Minnesota Legal Aid

- Southern Minnesota Regional Legal Services

4. Payment plans for private attorneys: Some private attorneys may offer payment plans. You could try contacting local law firms to inquire about this option.

5. Pro bono services: Some attorneys offer free or reduced-cost services. Check with the Minnesota State Bar Association for potential pro bono options.

6. Court resources: The Minnesota Judicial Branch website offers self-help resources that might be useful in understanding your case better.

7. Substance abuse programs: If substance abuse is a factor, participating in a treatment program might be viewed favorably by the court.

8. Clean record as a mitigating factor: Make sure your lack of prior criminal history is emphasized in your defense.

Remember, even if you can't afford a private attorney, you have the right to legal representation. Keep communicating with your public defender, and don't be afraid to ask questions or express your concerns.

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