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 »
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 »
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.
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
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.
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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