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Minnesota Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Minnesota on
Q: do i have a right to get my phone back

So i was at a friends visiting for a couple nights ,they ended up getting raided and tried to charge me with 5th degree possession because of what was found in house ,not on me ,do they have a right to take and keep my cell phone they took without permission knowing it was mine in Minnesota

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can they keep my phone

So i was at a friends visiting for a couple nights ,they ended up getting raided and tried to charge me with 5th degree possession because of what was found in house ,not on me ,do they have a right to take and keep my cell phone they took without permission knowing it was mine in Minnesota

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 3, 2025

Asking the question multiple times isn’t going to get you an answer any quicker. The short answer is that it depends. We don’t have access to the police reports, but I would imagine they took the phone for evidentiary purposes and they may be seeking a search warrant to examine the contents.... View More

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Sexual Harassment for Minnesota on
Q: is there a statute of limitations to file a sexual assault on someone when the victim was a child yet is in his early 50

the incident happened like 40 years ago and it happened in a different state then either the victim or perpetrator live now , who both also live in different states themselves.

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 31, 2024

Each jurisdiction mat have statutes of limitations, or statutes limiting legal actions. So, the first thing you'd need to know is likely to be where is someone claiming some wrongful act happened? Once you know that, you could look Statutes of Limitation that might apply and provide a... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Minnesota on
Q: If I have a an HRO against me, is it a violation to have the other party served court paperwork by mail in Minnesota?

My ex husband has an HRO against me. He has been withholding my children and wrongfully denying me my parenting time for two and half months which is in violation of our court order. I submitted a motion for parenting time assistance to family court to ask them to enforce our current court order. I... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 31, 2024

Best practice for a person with a Harassment Restraining Order prohibiting contact with anothe rperson would be to avoid contact, whether direct or indirect. In practice, such a person may end up in the same courtroom during or waiting for a court hearing, for example. And that would not be... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: If I got a dui while on probation and entered treatment before I could Tell my probation officer will I still go to jail

Misdemeanor probation for disorderly conduct. And I’m trying to contact probation officer but she is on vacation. I seeked treatment immediately after I was released from jail

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 26, 2024

I presume that your probation agent has an email address and/or voice mail. Leave your agent a message or send an email updating her on what is going on. You may be looking at jail time for catching the new DWI, but treatment should help minimize that risk.

1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: Does Intoxalock report to my po? I’m in mn and got a dui last year, on low risk. I blew twice but had taken DayQuil

Two test said I failed I called Intoxalock and they said I was fine. But at my last calibration I got a lockout work order for inspection? I’m just scared and not to do that again. Please help.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 26, 2024

Probation would only be notified if you signed a release of information allowing Intoxalock to provide information to probation. You should make sure to read the entirety of the handbook that Intoxalock provides regarding what substances will cause a failure. It is unlikely that probation will... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can the prosecutor amend a charge on the day of your speedy trial start date?

I have been fighting a 5th degree, DA amended charge to a 3rd degree the day of my jury selection for my speedy trial. Can they do that? The DA knew the weight from jump.(10.447g) and even told my p.d. that "she's lucky I'm only charging her with a 5th degree not a 3rd degree".... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 23, 2024

Under the Minnesota Rules of Criminal Procedure, the state may add new charges to a complaint if the case is in pretrial proceedings. Minn. R. Crim. P. 3.04, subd. 2. The state may also amend a complaint "at any time before verdict or finding if no additional or different offense is charged... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: What does the abbreviations depr on the charge of conspiracy to possess a control substance 1 depr
Thomas C Gallagher
Thomas C Gallagher
answered on Dec 23, 2024

It would help to see the context or example. But perhaps "Depressant or Stimulant."

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I hurt my girlfriend and she tried to run me over there is no evidence of me doing anything but there is of her

Can she get in trouble or is it self defense I hurt her emotionally I didn't get physical and she tried to run me over

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 19, 2024

If someone alleges an assault, either to police or in family court for example, that could qualify as "trouble" for the person accused. If facing a criminal assault charge in court, the defendant can raise the defense of self-defense, if he or she has some evidence to support that... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Do I have a chance at trial or should I take the deal?

Originally I was charged with finical felony card fraud and a 5th degree possession but they have dropped the fraud charge and are only charging me with the possession because in my discovery they said they have no evidence I committed any crime. I was arrested in a hotel room that was fraudulently... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 19, 2024

In some cases, the real issue is whether the defendant will be burdened with a criminal conviction record or not. If the goal is to avoid a "conviction," discuss way to do this with your lawyer.

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can the courts go back and change time to serve after 2 years without any violations from the offender in MN.

Was charged with 5th degree possession of a controlled substance in 2022 the sentence details state I was given 30 days in jail which was stayed and a stay of imposition, fast forward to 2024, have had zero violations the case was up for review and now the county attorney is trying to say a year... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 11, 2024

The stay of imposition meant that if you successfully completed probation, that the matter would've become a misdemeanor. However, if you violated probation, the stay of imposition could be vacated and there would be a stayed sentence of one year and one day on a lower level felony like a... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: does a search warrant have to state if the victims can be present during the search warrant to a home?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 9, 2024

The right of the search warrant authorizes law enforcement to be in the location to search and seize items of evidentiary value. I don't know that there would need to be a specific authorization for additional people present, for example the alleged victim, if they have the alleged victim... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My public defender lied to me about my sentence what can I do and how can I file a compliant or report him in MN

Last week I was sentenced, but my public defender failed to tell me all of the details of my sentence. He told me that I would be on probation until I complete 40 hours of community service. After he explained this to me I repeated it back to him for confirmation that I understood it correctly.... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 19, 2024

People are often discharged from probation early once they have completed the terms and conditions of their probation. I can't say for Ramsey County, but in many counties you would be transferred to unsupervised probation or discharged early after you have completed your community service and... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: I'm being accused of arson. I was signed in at a county library and my public defender said they weren't about to verify

Im being accused of arson. the exact time this allegedly occurred (which mind you-building is still there) I was signed in @ a county library & logged in on one of their computers. Directly before & after library I was @ adjacent building the county community action building meeting w/ a... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 14, 2024

Arson doesn’t require that you entirely burn down a building. Arson is intentionally setting the building on fire. Whether it burns down or not is immaterial.

The cops aren’t generally going to track down and verify every alleged alibi that a suspect tells them about. I’m not sure...
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1 Answer | Asked in Copyright, Criminal Law, Personal Injury and Products Liability for Minnesota on
Q: Hi I want to sue Apple Siri won’t stop even if I say never respond! I’d like several million dollars or I’ll kill myself

I’m totally fine but can no longer deal with it said stop. It doesn’t listen hey siri it talks again loaded gun I’m going to shoot my hea!

James L. Arrasmith
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answered on Nov 15, 2024

This sounds like an extremely distressing situation, and your life has immense value - far more than any technology or lawsuit. Right now, the most urgent priority is your safety and wellbeing. Please immediately call or text 988 to reach the Suicide and Crisis Lifeline, where caring people are... View More

1 Answer | Asked in Immigration Law and Criminal Law for Minnesota on
Q: Hello, I live in MN and I was caught shoplifting. I am on H-1B visa with approved I140. I have two main worries/question

The cops said they have issue with their system so they will send me the citation. They said it will be the lowest degree (not sure what that means). The claim was for stealing goods worth $78.xx.

1) As non-immigrant, how much of issue would it be once I start my I-485 process.

2)... View More

James L. Arrasmith
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answered on Oct 21, 2024

Since you're on an H-1B visa, any criminal record, even a minor one, could affect your immigration status. When you file your I-485, the government checks for any arrests or citations, and even small theft charges can raise questions about your moral character. However, a petty theft under... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can they have me testify against my girlfriend in a criminal case if we get married after they charge her?

They charged her and then we decided to get married so they can't make me testify against her will this work or no

Sarah Gad
Sarah Gad
answered on Oct 13, 2024

The short answer is that yes, a couple can marry for the purpose of gaining access to the marital privilege in court actions, even if the charges are pending when the marriage happens. But, Marital privilege for evidentiary purposes is actually two separate privileges:

The first is the...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: Are public defenders really on your (the defendant) side?

I have a feeling that my current PD is the reason I got picked up on a really old warrant back from 2021. I say this because before I told him about it I never got arrested for it I’ve had multiple interactions with police and was even released from jail with this warrant. I only found out about... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 9, 2024

Yes, public defenders are really on your side. You public defender most certainly DID NOT notify law enforcement that you had a warrant. Who knows why the warrant showed up this time, but I am confident that your public defender didn't have anything to do with it. They aren't going to... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: Can a person win a dwi case involving drugs if they were profiled? Or if the person did not know they were committing a
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 1, 2024

Did not know they were committing a what? Law enforcement needs reasonable articulable suspicion to pull someone over. They would then need probable cause to place that individual under arrest and probable cause to get a warrant to seize their blood or urine. Get an attorney on board to review... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If the state charges you in the mail but the mail is returned and the SOL has passed can they still charge you?

I was recently arrested for a warrant that was issued in May of 2021. Since then Ive had multiple interactions with police and even have been released from jail with it. It was for felony theft of $1000-$5000 in MN. They tried to mail me a citation back in May of 2021 but the mail was returned and... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 1, 2024

In criminal cases, the prosecutor must file a charging document (Complaint, Indictment, etc.) before the applicable Statute of Limitations period expires. The date the defendant learned of the criminal charge is not relevant to a Statute of Limitations issue. There may sometimes be, however,... View More

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