In my experience, the best defenses are based on the state's lack of evidence, and the truth. A defense lawyer will need time and effort to work collecting available information about what happened (facts), to then analyze for legal issues that can help the defense. But the most important... View More

Possibly, but that may depend upon more information than contained in the written question. Generally a Probation Officer in Pretrial Release Services would make the initial call (to request that from a judge), and they would have more information. For example, is the urine test positive for... View More

Typically, it is the judge assigned to the case that decides whether the conditions of release are going to be modified. His attorney cannot "judge shop" for a more favorable decision from a different judge. Your fiancé has a difficult decision to make here. It seems as if he will be... View More

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answered on Jan 1, 2024

In Minnesota, the legality of your arrest depends on whether the police had probable cause at the time of the arrest. Probable cause refers to a reasonable basis for believing that a crime may have been committed. If the police had probable cause to believe you committed third-degree assault at the... View More

I am sorry to hear that your public defender is not responsive to you. The Sixth Amendment guarantees every person charged with a crime competent legal counsel, so if your lawyer is not answering your questions or providing you with information about your case, then they might be violating your... View More

The description is not completely clear. If a person is on pre-trial release on two criminal cases in another state, and then gets a new criminal charge in Minnesota, it seems highly unlikely that the out-of-state court(s) will not eventually find out about the newer Minnesota criminal case. As a... View More

Pro bono attorneys in Minnesota are called public defenders. You son can fill out an application for a public defender at the jail where he is being held. Otherwise, he should reach out to private attorneys to see what they might change in your son's circumstances.

Crimes committed in Indian country among AIANs may be subject to concurrent jurisdiction by tribal, federal, state, or local criminal justice agencies. This is due to the sovereign status of federally recognized tribes and to Public Law 83-280 (commonly referred to as P.L. 280).

There is no such thing as a petty theft. The theft charge is either a misdemeanor, gross misdemeanor or felony. But no theft charges start out as a "petty" theft. I would tell you that a theft conviction is going to have long term consequences for you - especially for employment and... View More

It is imperative that you maintain no contact with your mother while the no-contact order is in effect. Only the judge can lift the no contact order through a motion or request by the victim's advocate. Typically, a hearing will be held on the matter. Sometimes that judge will just issue an... View More

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answered on Nov 23, 2023

In cases involving a misdemeanor charge, such as domestic assault, the impact on immigration processes can be significant. For someone in the process of obtaining legal status, a criminal charge can pose challenges, potentially affecting the outcome of their immigration application.

The... View More

Some offenses require booking by statute.

Most people facing a misdemeanor charge would like to prevent a conviction record. It will require appearing in court, until resolved. To get the best outcome possible, you'll need help from a criminal defense lawyer. So your best next step would be to contact a criminal defense attorney... View More

I've seen a witness statement used as probable cause to detain. But I have also challenged whether such a witness statement actually supported probable cause, after the detention, in front of a judge. That issue should be evaluated in light of all available evidence and pretrial discovery,... View More

A domestic assault conviction is bar to the possession of firearms under federal law.

A person facing a theft charge in court needs help from their own criminal defense attorney. The prosecuting attorney has no personal knowledge, and is prosecuting based upon what they've been told. So, the legal process requires perseverance, patience, and sustained effort over time, in... View More

Illegal for whom? What is in the vape? There is not enough information here to intelligently answer this question.

Normally the police and-or prosecuting attorney get reports form the Minnesota BCA lab after they send in a sample for testing. Then after the prosecutor gets the report(s) form the Minnesota BCA lab, they can forward a copy to the defense attorney.

The legal issues are not necessarily the same for all three brothers. The legal issues would specific to each brother's situation. The judge who threw out your brother's case only has the authority to decide the case that is in front of the judge.

That will be up to the other cities, but I tend to doubt that all the cities in Hennepin County will adopt the same policy.