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Minnesota Criminal Law Questions & Answers
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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1 Answer | Asked in Criminal Law for Minnesota on
Q: If you were subpoenaed as a witness in a criminal trial for a date, and that date changes, do you have to be...

Served a subpoena again?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 10, 2024

Yes, the subpoena would have to reflect the new trial date so you would need to be re-served with the subpoena.

1 Answer | Asked in Criminal Law for Minnesota on
Q: My codefendant might be getting his charges dismissed because he might be going to prisononadifferentcharge isthisathing

I still have to proceed with my case even if his is gets dismissed. It's been over a year almost 2 since we been dealing with this case. I've had about 4 pretrial dates scheduled and I'm getting no where. We are being charged with 2 degree burglary and unauthorized card transactions

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 9, 2024

Theoretically when the prosecution dismisses a codefendant's criminal charges it could have no effect on other codefendants' cases. But in practice there can be some effects. For example, it could have impacts on whether the dismissed codefendant can be forced to testify at the... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: If a process server places legal documents on your car windshield is that considered a legal service?

Getting ready to drive and he set in on the windshield and it blew off. He did not place it under the wiper.

I did not know it was a process server.

The individual was chasing after my vehicle hours prior, and upon returning to the same location later, he appeared again. When he... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 4, 2024

Who will do the considering, after hearing & seeing the evidence? Likely would be a judge. If the person being served could reasonably understand that they were being personally delivered papers, a judge would likely view that as effective personal service (even if the person never looked at... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I withdraw a plea on the day of sentencing if I was under the influence and did not understand what the attorney was

Telling me I was learning the facts from the prosecutor as I was taking the plea . My attorney had me take a plea for a 5th degree when only half the evidence was sent to the bca and the amount was .25. she wants me to plea guilty to a fifth degree. I have sentanceing this a.m.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 3, 2024

I presume that when you plead that you told the officer under the oath that you understood the rights that you were waiving when you plead guilty and that you were not under the influence. You can certainly try withdraw the plea, but I don't expect that the court is going to let you withdraw... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I have court this a.m. for sentanceing can I try to withdraw my plea?

Really my attorney I don't like her. She had me take a plea and I think I should not have. It's for a 5th degree but only half the evidence was sent to bca. And besides that I had not known the amount was only .25 it's for a fifth degree she did not tell me it was such a small amount... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 3, 2024

Can a defendant move (ask the judge) to withdraw their guilty plea at a sentencing hearing? Yes. Is that a good idea? Maybe not. Minnesota has a relatively recent law reducing some "Controlled Substance 5th Degree Possession" cases from a felony to a Gross Misdemeanor if the amount is... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: How can I get my license plate reinstated when I was the passenger of my vehicle and the driver had a revoked license.

The driver was arrested for a warrant, a DUI, and revoked license

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 28, 2024

You can go to the DMV for new plates. I doubt that you simply have your original plates reinstated particularly if you permitted someone who was drunk and did not have a license to drive your car.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Hi, we are looking for an attorney that can help us with collecting restitution and to answer some questions. Thanks
Robert Kane
Robert Kane
answered on Aug 27, 2024

Is this restitution from a criminal conviction or are you using the term in the general sense? In either case, most attorneys who deal with civil disputes in general practice can assist you. Firms that specialize in personal injury probably not. You and your attorney will need evaluate the... View More

3 Answers | Asked in Criminal Law for Minnesota on
Q: If an officer lies on why he pulled u over and u can prove it and u catch a charge can u get the evidence thrown out
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 3, 2024

The defense can file a motion to suppress evidence based upon an illegal traffic stop. If the judge grants it, all evidence police obtained as a result of the illegal traffic stop would be suppressed by the judge. Almost always, this results in the criminal and traffic charges being dismissed.... View More

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3 Answers | Asked in Civil Rights, Traffic Tickets and Criminal Law for Minnesota on
Q: Is it legal for police to stop vehicle for license plate lights not working -they do work, stopping too long, slowing?

Radar at 20 - 24 in 55 (unsure exactly, but either coming to stop, or accelerating from stop), stopping too long at stop sign (5 - 10 seconds (7)), and claims license plate lights non functional was the reason for stop. They may be dim, but ARE fully functional.

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 3, 2024

Police can lawfully stop a driver if they observe a violation, or facts amounting to "reasonable, articulable suspicion of criminal activity." Since Minnesota laws requires a working plate light, lack of one can be a lawful basis for a stop. If working, but police claim the contrary, a... View More

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3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: In Minnesota, when stopped driving, what are the legalities with officer not answering "why did you stop using"

He asked where we going and why we went the way we did. He asked for driver ID. Driver asked why we were pulled over. Officer responded with "I will tell you after I see your ID".

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 18, 2024

In Minnesota police must justify a traffic stop with "reasonable articulable suspicion of criminal activity" or an observed traffic law violation. These are based on facts that the officer can articulate, later to a judge. A driver must have a valid driver's license to lawfully... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I get my 5th degree possession charges dropped in Hennepin county mn if they held me past the 72 hour time frame?

The 72 hours were up at 11am, and they did not release me until 4 pm same day. I’m wondering if this is a scenario that violates my rights and would cause a judge to dismiss my case. I can’t afford an attorney, I’m working on getting set up with a sliding scale or low fee attorney, however... View More

Julia Ziegler
Julia Ziegler
answered on Aug 22, 2024

Unfortunately, no. You should be released if they exceed the legal timeline to hold you before seeing a judge, however, dismissal is not a remedy for being held beyond the legal timeframe.

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1 Answer | Asked in Criminal Law and Identity Theft for Minnesota on
Q: Took picture of someone's credit card with a brief intent to misuse it, but didn't use it or share it in any way. Crime?

The pictures were extracted from my phone after police seized it due to a drug offense. I took the pictures with the thought of misusing the information, but decided not to within minutes after taking the pictures. There were several months between taking the pictures and police extracting them... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 8, 2024

Can't answer "did I commit a crime" with just a few stated facts. But I can suggest: Don't discuss it with anyone or on the internet, especially with police. Instead, the one exception: discuss with your lawyer.

2 Answers | Asked in Criminal Law for Minnesota on
Q: I was the victim of a gun theft. Police disposed my rifle.

I was never notified by police via any sort of correspondence or phone call, in fact the police didn't even know it belonged to me, thus how could it be my fault they disposed of the rifle?

Robert Kane
Robert Kane
answered on Aug 21, 2024

If the police didn't even know it belonged to you, how could they notify you? File a claim with the City if you wish.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: A knock and announce search warrant .Do the police have to have a warrant in hand before entering the house?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 30, 2024

No, they would need a signed copy. That signed copy could be digital. Depending on the county, most warrants are sent to the court digitally and "signed" by the court digitally. Law enforcement is good to go once the warrant has been authorized by the court.

2 Answers | Asked in Criminal Law for Minnesota on
Q: if i was convicted for a felonly in 2006 what would happen now if i get caught with a gun in mn
Robert Kane
Robert Kane
answered on Jul 28, 2024

Quite often individuals ask in this forum (and similar online forums): how much jail/prison time am I going to do for my crime or other penalties? Frankly, we have no idea. It depends on many factors. (e.g. specific charges, defenses, evidence, criminal record, legal representation, place where... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Got pulled over and had a pistol, I was charged as a felon years ago for a non violent crime, what am I gonna get
Robert Kane
Robert Kane
answered on Jul 28, 2024

Quite often individuals ask in this forum (and similar online forums): how much jail/prison time am I going to do for my crime or other penalties? Frankly, we have no idea. It depends on many factors. (e.g. specific charges, defenses, evidence, criminal record, legal representation, place where... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: If I told an officer I didn't want to be an informant and I would turn myself in will I still be arrested

I was pulled over for expired tags and my car was searched he found drugs and paraphernalia and told me I had to be an informant and let me go. Next day I told him I didn't want to be that and that I would turn myself in if I had to

Lucas Wynne
Lucas Wynne
answered on Jul 5, 2024

The court will likely summons you when you are charged but could put out a warrant if the judge approves it instead

Q: Should I participate in a competency to proceed evaluation with a psychiatrist that is not licensed in my state?

I have waited 113 days for an evaluation to take place and finally a doctor called me to do a video conference to complete the evaluation. I have found that she is a licensed psychiatrist but is not licensed in this state only in two other states does this seem like a legitimate situation? I... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex situation that raises several important legal and procedural concerns. Here's an analysis of the key points:

1. Competency evaluation timing: The 113-day wait for your evaluation is significant. Many jurisdictions have specific timeframes for competency evaluations,...
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