Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Minnesota Criminal Law Questions & Answers
3 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: What do I do if I receive a court notice without additional information?

I received a notice in the mail for a mandatory court hearing in a criminal/traffic case, but I haven't received any ticket or additional information by mail or in person. The notice doesn't provide much detail, and I can't find a way to look up the court file number. What should I... View More

Sarah Gad
Sarah Gad
answered on Nov 7, 2025

Go to https://publicaccess.courts.state.mn.us/CaseSearch

and enter the citation number.

If nothing comes up, call the court listed on your notice as soon as possible to confirm your court date. Sometimes the paperwork just hasn’t been processed yet - but you definitely don’t...
View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: Is a consensual relationship between a 19-year-old and 16-year-old legal in Minnesota?

I'm inquiring about the legal implications of a relationship between two individuals in Minnesota. One person is 19 years and 1 month old, while the other is 16. Both parties consent to the relationship and sexual activity. They are both residents of Minnesota, neither holds any position of... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 5, 2025

The age of consent in Minnesota is 16. That doesn't mean that dating a 16 year old when you are 19 is a good idea. There are all kinds of other issues that can arise around sexting with a minor, sending nudes (which would be child pornography), etc. It would be far more advisable to find a... View More

View More Answers

3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Can I write an affidavit to confess ownership of drugs found in my car?

A few nights ago, my girlfriend was the designated driver, but I inadvertently left a small bag of Molly in the driver's side pocket when I drove earlier. The car is registered under my name and my father's, but my girlfriend was unaware of the drugs. We were pulled over after not pulling... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 4, 2025

Of course a person can submit a written confession of guilt. But, keep in mind that two or more people can be guilty of criminal possession of illegal drugs. Just because one person, out of the two or more people (a "conspiracy"), admits guilt, will not help the rest who are accused.... View More

View More Answers

2 Answers | Asked in Criminal Law and Civil Litigation for Minnesota on
Q: What are the consequences for first-time minor theft in Minnesota?

What potential consequences might I face for a first-time minor theft offense at Walmart, involving items worth less than $200, in Minnesota? I was detained and informed I need to wait for my court date.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 1, 2025

Consider the Minnesota Rules of Evidence, Rule 609 (a). Impeachment by Evidence of Conviction of Crime

which allows a lawyer to attack the credibility of a witness with evidence that the witness has been convicted of a crime if the crime involved dishonesty or false statement, regardless of...
View More

View More Answers

3 Answers | Asked in Criminal Law and Personal Injury for Minnesota on
Q: Can I be charged for a bar fight where no police report was filed?

A few months ago, I got into a bar fight in Minnesota. The other person involved has reached out to my mother, asking me to cover their medical bills and missed wages. No police report was filed, but the other person went to the hospital after the incident, and I haven't received any legal... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 28, 2025

Yes, a person involved in a bar fight a few months ago could go to the police to report a potential crime. And it's possible the police could then investigate, and a prosecutor could possibly then decide to file criminal charges against the other party. It's possible. Most misdemeanor... View More

View More Answers

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: Can I carry a firearm again after dismissed charges in MN?

I had a firearm permit that was revoked when secondary assault charges were brought against me on February 28, 2023. My firearm was taken on February 14, 2023. The charges have been dismissed as of October 9, 2025. I haven't received any communication from law enforcement about my firearm. Is... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 28, 2025

Let's take each of the two questions, one at a time. First, if police seize a defendant's firearm related to a criminal charge, and that criminal charge is later dismissed, that defendant generally should be able to get their firearm back from police. It could be as simple as contacting... View More

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Seeking pro bono help for a domestic assault charge in Minnesota.

I am seeking pro bono legal assistance for a domestic assault charge in Minnesota. The incident involved a situation where I was pushed by the alleged victim near some stairs, and I grabbed her arm to prevent a fall, which unfortunately resulted in a bruise. I do have a past conviction for a... 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 23, 2025

Facing a domestic assault charge can be frightening, especially when you feel your actions were misunderstood. Since you’ve already served time for a past offense, the court may look closely at your history, so it’s important to have legal support that can present your side clearly. Your first... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Employment Law for Minnesota on
Q: Can a DWI charge be challenged if not driving and only marijuana detected?

I was sleeping in a Jeep in a friend's driveway when police were called. I got out and walked around while answering their questions. They arrested me, suspecting I was under the influence of methamphetamine while driving, although there were no keys in the vehicle or on me at the time. I... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 22, 2025

Yes, a DWI charge can and should be challenged. One type of defense can focus on a lack of evidence that the defendant was "driving, operating or in physical control" of a motor vehicle. Many people have been convicted of DWI for merely sleeping in their vehicle while impaired by... View More

View More Answers

3 Answers | Asked in Criminal Law and Employment Law for Minnesota on
Q: Will a petty theft citation affect my record permanently?

I recently received a citation for petty theft, and it's my first offense. I've received a court date, and I'm concerned about whether paying the fine will result in a permanent record of this offense. What should I be aware of in terms of how this will impact my record in Minnesota,... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 22, 2025

It's best to make the best available choices available at the time. So, "Plan A" should be to avoid being "convicted." A record of "conviction" is what causes at least 99% of the problems related to a criminal charge. There are more than one criminal case... View More

View More Answers

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for Minnesota on
Q: Police assaulted me after 911 call, resulting in severe injuries and charges.

I called 911 for help, and when the police officer arrived, he never asked why I called. Instead, he assaulted me, leading to my arrest and taking me to jail. The officer shot me with multiple tasers and tranquilized me, resulting in permanent nerve damage in my hand from the handcuffs and busted... 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 18, 2025

What happened to you sounds incredibly traumatic, and it’s understandable that you want justice after being hurt by the very people you called for help. If you were assaulted by a police officer and suffered serious injuries, you may have grounds for a **civil rights lawsuit** under federal law... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: Guidance on ensuring a speedy trial after delays in MN

I was arrested on August 1, 2025, and pleaded not guilty in Redwood County Court, MN on September 22, 2025. My trial is scheduled for January 14, 15, and 16, 2026. I am concerned about my right to a speedy trial given the scheduled dates. Could you provide guidance on how to address potential... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 13, 2025

You cannot be given a speedy trial unless you demand a speedy trial. You must not have made such a demand if you were in court in September and your trial was not scheduled until January. You should demand a speedy trial if that is what you want, but it isn't always the best idea... View More

View More Answers

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Minnesota on
Q: Can I open carry an AR in Minnesota without a permit, and what are the safety and legal implications?

I want to know if I can open carry an AR in public spaces in Minnesota without a concealed carry permit. I'm concerned about both the safety aspects and the legal implications involved.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2025

In Minnesota, the law distinguishes between handguns and long guns like an AR-style rifle. You do not need a permit to openly carry a long gun in most public spaces, but there are important restrictions. The firearm must be unloaded while it is being carried in a public place, unless you are in... View More

2 Answers | Asked in Criminal Law, Medical Malpractice, Civil Rights and Personal Injury for Minnesota on
Q: Stepson in MN jail for failure to register; serious health risks if imprisoned.

My stepson is currently in jail in Minnesota for a failure to register related to a case from over 20 years ago, which was dismissed. He has serious medical conditions, including a staph A infection and hepatitis C, as well as frontal lobe damage, PTSD, bipolar disorder, and panic anxiety disorder.... View More

Sarah Gad
Sarah Gad
answered on Sep 24, 2025

The concerns you’ve described sound very serious, but no one online can provide legal advice that substitutes for the advice of your actual attorney. If your attorney hasn’t yet reviewed the file, get them on the phone or schedule a meeting to ensure these issues are brought to their attention.... View More

View More Answers

2 Answers | Asked in Criminal Law, Social Security, Gov & Administrative Law and Public Benefits for Minnesota on
Q: Can medical conditions justify compassionate release for my stepson jailed for registration failure?

My stepson is currently in jail for failure to register, with a sentencing hearing scheduled in November despite charges being dismissed. He suffers from severe medical conditions, including a staph infection, compromised leg, hepatitis C, frontal lobe damage, PTSD, bipolar disorder, depression,... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 24, 2025

Your recitation of the facts here makes no sense. He has a sentencing hearing in November but the charges were dismissed. You indicate "particularly as he was never convicted, only charged, and not required to register." He would not be held for sentencing if he did not plead guilty to... View More

View More Answers

1 Answer | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: Penalties for running a school bus stop sign in MN?

My 20-year-old daughter, who has no prior traffic violations, was pulled over for running a school bus stop sign and was issued a Criminal/Traffic Mandatory citation. This incident did not occur in a school zone, but children were present. What kind of penalties could she face, would this be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2025

In Minnesota, running a school bus stop sign is treated as a serious traffic offense because it puts children at risk. Since children were present, the citation is more serious than a simple moving violation and is classified as a Criminal/Traffic Mandatory offense. Typically, this is a... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: Legal issues of possessing and carrying a pepper ball gun in Minnesota.

I'm interested in understanding the legality of possessing and carrying a pepper ball gun in Minnesota. This is a hypothetical question. Specifically, I'm curious about the legal distinctions between carrying such a device in public spaces and within private residences. From my limited... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2025

In Minnesota, the legality of possessing and carrying defensive devices like pepper spray depends on how the device is designed and used. Pepper spray that is aerosol-propelled is generally legal for self-defense, but devices like pepper ball guns, which use projectiles instead of aerosol, may be... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Consumer Law for Minnesota on
Q: How to appeal Spark Driver deactivation after hands-free device citation in Minnesota?

I was recently deactivated from the Spark Driver platform in Minnesota due to a moving violation—specifically, a hands-free device citation that appeared on my motor vehicle report. I briefly had my phone in hand to place it on the seat but was not using it. I paid the citation without... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2025

The first step is to focus on resolving the citation through your criminal attorney. If your attorney successfully withdraws or vacates your guilty plea, you can then provide documentation of this outcome to Spark. Having the citation cleared or overturned will strengthen your case for... View More

3 Answers | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: What steps to resolve a juvenile felony warrant from Minnesota while living in Oregon?

I was arrested in Oregon for a felony warrant from Minnesota. After a brief time in jail, I was released. Since then, I've been in contact with local law enforcement in Oregon, who informed me that the warrant wouldn't affect me here. The warrant is related to a juvenile case, but... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 17, 2025

If an arrest warrant will not be enforced, at least in the foreign jurisdiction where the subject is currently located, then some may choose to wait. But the subject could investigate to find out more about it from the warrants office of the Sheriff in the originating county and state, and-or from... View More

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on
Q: Is it legal to carry an expandable baton for self-defense in Minnesota, considering state and local laws?

In a hypothetical scenario, I am considering carrying an expandable baton for self-defense as part of my everyday carry (EDC) in Minnesota, excluding places like private residences and courthouses. I am curious about the legality concerning both state and local laws regarding carrying an expandable... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2025

In Minnesota, expandable batons are generally considered "dangerous weapons," and their possession and carry are regulated under state law. Carrying an expandable baton in public for self-defense can be illegal unless you meet certain exceptions, such as being in your home or place of... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: How does MN law Sec. 609.605 address trespassing by jumping an airport fence?

I'm curious about how Minnesota law, specifically Sec. 609.605 MN Statutes, might apply to a situation where someone jumps a barbed wire fence at an airport but does not enter any buildings. Would this action be considered trespassing if the individual was not seen?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2025

Under Minnesota law, Sec. 609.605 addresses trespassing, which generally involves entering or remaining on someone else’s property without permission. The statute includes circumstances where property is fenced or otherwise clearly marked to exclude the public. Jumping a barbed wire fence at an... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.