Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Minnesota Criminal Law Questions & Answers
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

View More Answers

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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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

View More 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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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.

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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.

View More Answers

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.