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Minnesota Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m been charged with a felony assault charge; and the prosecution is considering reducing charges.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 23, 2022

There isn't a question here. Call an attorney directly to have a discussion about what issues you are dealing with.

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2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: is it illegal to be underage and high, even if i have nothing on my person/car/property
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 21, 2022

In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an... Read more »

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0 Answers | Asked in Criminal Law and Sexual Harassment for Minnesota on
Q: I found pictures of a minors butt in a bikini on my friends computer he took secretly. What does the law say about that?

Unsure of who the minor is but it seemed to be someone he knows daughter. I accidentally ran across them in his computer and I am unsure what to do and what they law says on that exactly.

1 Answer | Asked in Criminal Law, Personal Injury, Arbitration / Mediation Law and Civil Rights for Minnesota on
Q: Can I sue the hotel after a violent robbery

No phone in my room to call 911 and hotel was understaffed

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 19, 2022

Yes.

2 Answers | Asked in Criminal Law, Traffic Tickets and Municipal Law for Minnesota on
Q: I was stopped arrested in my affidavit says a citation was issued I was not given a copy of said citation

Or given opportunity to sign the citation

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 18, 2022

I'm a bit unsure about the question, since some of the terminology used in it may be different than as used by attorneys. A traffic stop alone is not an "arrest." When a driver is issued a citation by a police officer, that is done instead of an arrest, normally. In any event, you... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Who is the person that writes the criminal complaint and where did the information cone from

And what if the person that complaint is about disagrees with it then what?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 16, 2022

A prosecutor typically writes the criminal complaint and the information is generated from the police report. If the subject of the complaint disagrees and is charged with a crime, the defendant can file a probable cause challenge or set the matter for trial.

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2 Answers | Asked in Criminal Law and Personal Injury for Minnesota on
Q: I was being wrongfully accused of trying to kidnap a baby. I spit at a girl and she punched me. Only I’m being charged?

I was knocked down into a wooden barrel and the ambulance had to come. This was at a wedding. The mother of the groom came over and threw her glass of wine on me as I lay there defenseless. I understand that I instigated it by spitting at the girl but she was screaming and telling people that I was... Read more »

Lucas Wynne
Lucas Wynne
answered on Sep 6, 2022

Although you could potentially ask that they file charges against her, what you're really doing is making a report to an officer regarding potential criminal behavior and the prosecutor is left with discretion to charge a crime or not. The issue, of course, is that prosecutors oftentimes will... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Theft

I have recently found out that Target may not come after you for one theft but wait until you've taken enough for it to be a felony. If I am concerned about this, what can I do? Obviously, I will no longer take anything from Target, but what else can I do? Stay away from Target and hope and... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 29, 2022

I've said that one big reason to avoid shoplifting is that a thief can get way with it *most* of the time. And that guarantees that they will eventually get caught, get prosecuted. And this is because getting away with it once increases the likelihood the person will do it again - and so on.... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: I hit a staff but she was very rude and deserved it is this rude to assault her

She broke into my room door out of self defense I pushed her

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 28, 2022

Though viewing a person as deserving of an assault is not a legal defense to a criminal assault charge, evidence that fits Minnesota's requirements for self-defense would provide a defense. If charged with a crime, discuss with your defense attorney.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I hit a staff but she was very rude and deserved it is this rude to assault her

She broke into my room door out of self defense I pushed her

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 27, 2022

She was rude and deserved it is not a defense to an assault charge. Self-defense is a defense. Get an attorney to make this argument. You're going to need help with this.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Is taking my dad hand off of me called assault

He is very proud of the fact that he can push me

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 28, 2022

Under Minnesota's criminal statutes, assault is defined as: "(1) an act done with intent to cause fear in another of immediate bodily harm or death; or (2) the intentional infliction of or attempt to inflict bodily harm upon another." Whether a criminal assault happened would... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can the state of mn, violate the terms of an original criminal sentence without an amended criminal sentence,longer time
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 23, 2022

You continue to ask the same question using different phrasing over and over. These are fact specific questions and there isn't enough detail here to intelligently answer the question. Reach out directly to a criminal defense attorney about these issues. Most of us provide free... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I need answers how a oringinal criminal sentence,that a trail judge agree to and me on the guilty plead.can be violated.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 23, 2022

This appears to be a duplicate question and was addressed elsewhere.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Will someone please tell me why the state of mn can violate my criminal sentence terms that a judge signed and I plead g
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 23, 2022

This question is far too vague to provide any kind of intelligent answer. Contact criminal defense attorneys directly about this issue for help.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I bailed a person out of jail on a promise that he would pay me back the same day but he hasn't contacted me yet

What can I do

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 22, 2022

Address it with the person that you bailed out. The bail has been posted. I suppose you could request that it be discharged back to you if it was cash bail that you posted, but you're likely SOL if you went through a bonding company. You'll have to keep following up with this... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: How long does it take for a DNA test swab to come back?

My brother demanded a speedy trial will they most likely dismiss the case if that DNA test don't come back in time for his trial?

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 16, 2022

Most judges would likely say that is "good cause" for a continuance of the trial date. But the defense attorney can renew the speedy trial demand, move for dismissal, or or pretrial release for no or lower bail.

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can a cop touch and hold a gun in the air after he found it during a body only warrant?

It was hiding in a laundry basket and he was only there for a body only warrant

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 16, 2022

Can they do that? Sure. But how they handled the gun might effect whether it was contaminated for DNA testing purposes.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: How much jail time am I looking at if I am convicted of another 5th degree possession charge

I caught a 5th degree or two of them 5 years ago am I looking at longer time if it's my third 5tg degree with in 5 years

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 15, 2022

A 5th degree what? Assault? Drug possession? Drug sale? The underlying charge matters, but I think it’s face to say that the amount of jail time that you are going to serve is going to be more significant than it was for the first one or two offenses.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Why is it when you get a public defender thats rude and don't care about you their is nothing that can be done.

I need a paid lawyer for my son and I can't afford one. He is not mentally right and they keep messing with him. Can I help my son or is he screwed because we can't afford a lawyer?

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 13, 2022

A person represented by a Public Defender does not have the right to replace them with a different Public Defender. But sometimes people either talk to their current Public Defender or their supervisor about it, and get a replacement.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If I got an ingestion charge in South Dakota and didn't not ingestthe drug in South Dakota how can I fight this charge
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 7, 2022

You need to ask this question in the South Dakota forum.

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