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Minnesota Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Minnesota on
Q: I was the victim of a gun theft. Police disposed my rifle.

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?

Robert Kane
Robert Kane
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.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: A knock and announce search warrant .Do the police have to have a warrant in hand before entering the house?
Jonathan Matthew Holson
Jonathan Matthew Holson
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.

2 Answers | Asked in Criminal Law for Minnesota on
Q: if i was convicted for a felonly in 2006 what would happen now if i get caught with a gun in mn
Robert Kane
Robert Kane
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

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Got pulled over and had a pistol, I was charged as a felon years ago for a non violent crime, what am I gonna get
Robert Kane
Robert Kane
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

1 Answer | Asked in Criminal Law for Minnesota on
Q: If I told an officer I didn't want to be an informant and I would turn myself in will I still be arrested

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

Lucas Wynne
Lucas Wynne
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

1 Answer | Asked in Criminal Law for Minnesota on
Q: Will Illinois know if I violated my gun offender registration if I have a gun case in MN?

I have registered as a gun offender in the state of Illinois and currently is fighting a new case with a gun in the state of MN

Robert Kane
Robert Kane
answered on Jun 28, 2024

An attorney in Illinois may have a better idea.

2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can they charge me separately give me two different charges for the same pull over stop or should they be together.

I got pulled over got a 5th degree and a dui. They charged me a year later and also they charged me separately a week apart dui charge then 5th degree a week later so now I’m on probation for one and bail for the other. I have no criminal history and I know they’re doing this on purpose THE... View More

Sarah Gad
Sarah Gad
answered on Jun 11, 2024

It sounds like you were pulled over on suspicion of a DUI and the police officer searched the car and allegedly discovered a controlled substance in the vehicle. It is pretty atypical for someone to be charged separately for alleged offenses arising from the same incident, but it is permissible and... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Is a DANKO no contact order placed between two parties valid in the whole US and all of its territories?
Lucas Wynne
Lucas Wynne
answered on Jul 5, 2024

Yes, because the failure to follow it is based on the jurisdictional power of the court to enforce restrictions pursuant to a case rather than the physical location of the case when it comes to a DANCO

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: Can I grow marijuana while on parole

I'm asking because my p.o has Threaten to put me back on a 90 day violation for smoking (street weed) thas pot that's not from a dispensary.

And now on top of that, she wants me to do MRT

And my insurance won't cover it. And she told me. I'm ether gonna pay... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 3, 2024

You need to follow your conditions of supervised release. If supervised release requires sobriety, you need to remain sober. If you have a prescription for medical marijuana, then you need to get your pot from a dispensary. I'm not sure why she is requiring you to do MRT, but you are likely... View More

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2 Answers | Asked in Criminal Law and Landlord - Tenant for Minnesota on
Q: Civil case. why is multiple attorneys refuse to handle my legitimate case? $payment yes to be given?

Very strange a group home house owner stolen $10,000.00 my property only because I reasoned to move forward yes exit premises yes the move was legal yet he offered a different property (residence) no diffilculty in haveing rent payments made, legit!

John Michael Frick
John Michael Frick
answered on May 31, 2024

Given the small amount of money involved, it would not likely be worth the administrative overhead of setting up the file even if you were paying the attorney on an hourly fee basis. And it's way too small for a contingency fee. Most very small cases like this (under $15,000) can be... View More

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4 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can I carry a gun while picking up my daughter?

I drive through bad parts of town to pick up my daughter for her time with me. I do not have a permit to carry. But I do know it's legal to carry at home or between work and home. Could this be applied in an argument where I like to be armed when traveling with my children.

Ideally, I... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 29, 2024

Get a permit. You cannot legally transfer a loaded gun without a permit. You certainly could be charged with carrying in public without a permit and there is no guarantee that anyone is going to simply accept a claim that you acted in self-defense.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: The fasted way to get your mcro updated correctly so you can get bailed out

Court clerk didnt remove the hold without bail or bond part on the mcro so now it has it saying no bond and bail set at 10k (which is the correct one). me and the bondman are having such a headache with us. What’s the fastest way I can get this corrected

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 13, 2024

This isn't something that is going to happen over a weekend. A human being will need update MNCIS which is the court information system. MCRO simply reflects what has been entered into MNCIS. Call first thing today to see what can be done to get this addressed.

1 Answer | Asked in Criminal Law and Medical Malpractice for Minnesota on
Q: Can you explain to me in layman's terms what the Minnesota Statutes 549.09 is all about?

Just a couple of days ago, I received a letter from a Law firm asking me to contact immediately to discuss about a liability insurance claimed by its client pursuant to Mn Statutes 549.09. I'm kindly seeking a free consultation before contacting or doing anything further.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 13, 2024

This is not a criminal law issue. This is a civil judgement issue. You should ask the question in that forum or contact attorneys directly for a free consultation.

2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: What happens if you kill someone who tries to rob you with a gun, but you kill them with a ghost glock

If you are being robbed at gunpoint, but you defend yourself with an illegal glock what would you get charged with

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 4, 2024

You reach out directly to criminal defense attorneys and get one on board immediately. You are facing a potential murder charge here, along with possession of a ghost gun. It also raises the question if you are legally permitted to possess firearms which then creates a potential felon in... View More

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3 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Minnesota on
Q: Facing 5 felony charges from false accusations by husband's ex-wife in custody battle. Seeking advice on plea deal vs. t

I am currently facing five pending felony charges that have arisen from false accusations by my husband's ex-wife in a custody battle. She has a history of making unfounded claims, including allegations of harassment and stalking, which are untrue. The children involved have expressed missing... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 2, 2024

A lawyer cannot give legal advice about a plea agreement vs. trial, without being the attorney of record, after thorough review and time spent with the known facts, discovery from the prosecution and other facts and evidence; as well as research into laws that could relate to those. As a general... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If being charged for 2 separate crimes, but you only committed 1 of them, should you want them in an "omnibus hearing?"

I have a hearing tomorrow where I'm being accused of one minor felony that I did commit, but my PD says she's requesting an omnibus hearing that will lump that felony in with a second & much more serious felony I'm being accused of but did NOT commit.

Based on some... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 1, 2024

I'm not sure what you have read or who you have had conversations with, but consolidating these cases is not a bad idea. It saves you additional court appearances and additional hassle. I also do not believe that it creates any bias against you because you are guilty of one case and not... View More

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1 Answer | Asked in Criminal Law and Libel & Slander for Minnesota on
Q: Can they get a warrant based on a word-of-mouth or say A Reliable credible witness that I have a video of doing drugs,

They got a warrant to search my house. Based on this credible, reliable witness's word. Well, he's been doing drugs. The entire time and he has are the credentials that it takes for the Frank versus Delaware. You need to have some kind of training. He's had none. He's a liar and... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 1, 2024

If evidence of a crime was recovered by police executing a search warrant, and a person is charged with a crime as a result, then that person can file a pretrial motion challenging whether the search and the search warrant were lawful. If the judge agrees with the defense that the search was... View More

2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: What are possession laws pertaining to drug charges? Girlfriend pled guilty yet I'm still being charged when I knew noth

Nothing about the drugs. I was detained 1 block from my house before it got raided. Girlfriend already took

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 25, 2024

Two points: 1. Criminal possession is possible by more than one person at the same time. Joint possession would mean two or more people criminally possessed at least one thing at the same time. As a result, one person being held responsible doesn't necessarily help others facing criminal... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can personal property be searched before you are released from jail on your own recognizance

He was to be released by order of the judge and after his hearing they said they found stuff in his wallet and he caught another charge so wasn’t released

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 25, 2024

His or her defense attorney may want to research whether a search of a wallet after a judge orders release is an illegal search. A search by the government is presumptively illegal unless authorized by a search warrant, or a recognized exception to the search warrant requirement applies.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I be charged with assault even if I have an eyewitness saying the injury came from a slip and fall?

I have prior assault convictions

Sarah Gad
Sarah Gad
answered on Apr 17, 2024

You can be charged with assault if the police have probable cause to believe you assaulted the person. Probable cause is not very high standard. If the alleged victim had a visible injury and claimed that you were the attacker, that's pretty much all that is needed for probable cause to charge... View More

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