I contacted the Isanti County MN court administrator requesting the cash bail that was posted ($1000) and was told there now was a hearing scheduled the end of April regarding the refund. The judge signed off March 12. Can they do this? Don't I have a right to this refund ASAP? What action can... Read more »
answered on Mar 23, 2023
If you posted cash bail, the bail should be refunded to you absent the costs of any fines, court costs, etc. The only exception to this would be if you violated conditions of release or missed a court date during the pendency of your case. When that happens, bail can be revoked and in some cases... Read more »
Male Siblings—ages 15 and 12. The older kid asked the younger kid to take off their own underwear/touch each other’s genitals. When the younger sons underwear were down, the older son rubbed his penis on the younger son. There was no Penetration. The younger kid was uncomfortable, said no, and... Read more »
I had for gotten bringing wheels at home so I stopped at a local business to get more. While I was in side an officer pulled into the lot. My wife says he about hit our car and then backed into a spot at the end of the building in a one row parking lot so like 5 spaces away from us. I came out got... Read more »
answered on Mar 13, 2023
The question raises the issue of whether the police officer has a reasonable suspicion to justify the initial stop. If a judge agrees the police officer did not, then the charges would be dismissed. Lawyers are trained in law school to generally avoid contacting non-clients about representation,... Read more »
I had for gotten bringing wheels at home so I stopped at a local business to get more. While I was in side an officer pulled into the lot. My wife says he about hit our car and then backed into a spot at the end of the building in a one row parking lot so like 5 spaces away from us. I came out got... Read more »
answered on Mar 13, 2023
This question is confusing to say the least. You should reach out directly to criminal defense attorneys to discuss the matter and what legal or factual issues you might have in this case.
The prosecution office to put in her request to have it dismissed as they have small children and she wishes to work on the marriage?
answered on Mar 13, 2023
Asking someone to give you "odds" on the likelihood that a DANCO will be dismissed/cancelled in these circumstances is unrealistic. That depends on a number of factors such as where the offense occurred; whether there is any prior criminal history; what the exact allegations in this case... Read more »
Cops came to my house to search my truck for stolen things but only found bullets ,paraphilia,and on my phone pics of stolen things can they charge me if what they found was not on the watrent. Things they found were out of my storage unit I was bringing back to storage didnt even know any of that... Read more »
answered on Mar 10, 2023
I do not know the full circumstances of the situation and cannot answer your question specifically. Generally speaking, a warrant has to state with particularity the items to be searched and seized. The police must request a warrant signed by a neutral third party (i.e., judge or magistrate) unless... Read more »
My ex-fiance has a long history of making false accusations out of spite. Her whole family knows I am being falsely accused and they want to testify on my behalf. I told my public defender that they want to speak with him, but he said he is not allowed to talk to the victim's family because it... Read more »
answered on Mar 9, 2023
Your attorney is allowed to speak with the alleged victim's family. The alleged victim's family does not have to speak with your attorney, but the prosecutor prevent them from doing so if they wish to. The same goes for any other potential witness with pertinent information; the... Read more »
I have lost your Fourth amendment right but that's all they said to you and so you stepped out to be here going to go search is that against the law
answered on Mar 5, 2023
It may depend upon what happened before that. But if police have a lawful basis for the stop and search a car, a judge would likely say they can ask a passenger to step out.
He's being held for something he didn't do and he mentioned the police brutality and fabrication he's going thru
answered on Mar 1, 2023
Your question is confusing. If he is in prison, he has been convicted of a federal offense and absent a contrary decision by an appellate court, he is not being held illegally. He should hire an attorney if he believes that there was some sort of constitutional violation. There are time limits... Read more »
He's being held for something he didn't do and he mentioned the police brutality and fabrication he's going thru
answered on Mar 2, 2023
I'm sorry to hear that you are going through this difficult situation. It is important that you take immediate action to locate your fiancé and ensure that he is safe. Here are some steps you can take:
Contact the Federal Bureau of Prisons (BOP) to find out if your fiancé is in their... Read more »
If I cross paths with someone what does it mean prosecutor will not violate release conditions just avoid the person
answered on Feb 28, 2023
You should follow up with your attorney about this. But I assume that the prosecutor means that he won't file a violation of your release conditions if you see the protected party in public so long as you do not approach the person and have direct contact. That would also mean that you are... Read more »
Father of victim called and lied about health condition of victim to police and called prosecutor repeatedly until charges were filed. Victim has a psychosis condition hearing voices and people telling her what to do. Father was asked if the said condition was present in victim and father lied to... Read more »
answered on Feb 17, 2023
Character assassination isn't a "legal concept." Pursue to the expungement and try to get that pushed along. Ultimately, it is not up to the prosecutor whether to allow the expungement. That is a decision that the judge makes. You could certainly try to pursue some sort of claim... Read more »
I wasn't told why I was arrested, transported and I wasn't read my rights.
I was put in a holding cell with no information.
answered on Feb 16, 2023
Police must give a "Miranda" rights warning prior to questioning a person after that person is "in custody." If they fail to do so, a judge may suppress the subsequent statement, so to the prosecuting attorney would not be allowed to use it as part of the state's... Read more »
I was never caught but mailed a citation that I never received because they had the wrong address however I paid my bail for the warrant and am going to court it’s for a misdemeanor theft and they want jail time but it’s almost been 3 years since it happened so if I wait it out will it be dismissed?
answered on Feb 15, 2023
Expiration of the applicable Minnesota Statute of Limitations period would be a defense to a criminal charge filed with the court after that time period had already expired. A Citation with a tab charge filed with the court, of a Complaint filed with the court prior to the expiration of the... Read more »
The police report says a weapon was used, there was not. I lied. What would the outcome be of that? There is a danco in place but we have children and my wife is caretaker to our kids while I work. I need her to come home. It was a drunken argument and it got out of hand so fast. What is my best... Read more »
answered on Feb 14, 2023
No one on this website can give you "odds" that the case is going to be dismissed. We don't have access to the police reports and the other evidence in the case. But you don't have "veto" power over the case. The fact that you want the case dismissed is important,... Read more »
answered on Feb 13, 2023
In Minnesota, only the government can initiate a criminal charge; by filing a charging document with the Court. But an individual can make a complaint about a criminal act to the government: its police officers and-or its prosecuting attorneys. In contrast, an individual can file a civil lawsuit... Read more »
My attorney did not argue the issue of probable cause.The recording showed my vehicle within the white lines at all times.
answered on Feb 10, 2023
Your question is this: where is the reasonable suspicion? Where is the valid Terry stop? And it's a legitimate one. If officers don't have a reason to pull you over but do so anyway, then the stop is almost certainly in violation of your constitutional rights. You should speak with your... Read more »
my friend has lived in the US pretty much his entire life. He was adopted by two US citizens when he was a baby and they brought him to the US as a baby. Hes had a few rough years and was convicted of some drug related stuff. He was contacted by immigration and they are trying to deport him. His... Read more »
answered on Feb 1, 2023
This might seem odd, but the answer really boils down to one question: did your friend turn 18 before or after February 28, 2001 at 12:00 a.m.? If your friend turned 18 after this February 28, 2001 cut-off, (or was born after February 28, 1978 at 12:00 a.m.) he should be able to acquire citizenship... Read more »
3rd degree murder charge but defendants score is very low, hardly no criminal history except minor drug possession and a petty theft.
answered on Jan 31, 2023
Take a look at the grounds for downward dispositional departure (from presumptive sentence) listed in this year's version of the Minnesota Sentencing Guidelines (available free on their website). These include a requirement that a defendant be “particularly” amenable to probation, to... Read more »
the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... Read more »
answered on Jan 28, 2023
Generally speaking, if a police officer has probable cause to believe that a car has drugs or other contraband, then they are permitted to stop the driver of that car and search it without a warrant. This means that they can temporarily detain you and bring in K9 dogs, etc. while they search... Read more »
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