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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
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
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
Served a subpoena again?
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.
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
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
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
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
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.
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
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
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
The driver was arrested for a warrant, a DUI, and revoked license
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.
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
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
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.
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
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".
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
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
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.
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
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.
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?
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.
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.
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
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
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
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
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
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,... View More
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