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Minnesota Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Minnesota on
Q: What are consumer rights regarding illegal items in a repossessed vehicle?

If a car is repossessed without warning and taken by a tow company and stored on a lot, does the repo company inventory items? If so, What happens in a scenario where illegal items that carry felony level charges are found? Example: small amount (5th degree?) controlled substance, paraphernalia.... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 11, 2024

The repossession company has no obligation keep illegal items found in a repossessed vehicle private. They should and will likely turn over any illegal items found in the vehicle over to law enforcement. I would presume that the individual would then be charged with possession for those items... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: New aiding and abetting laws in Mn

My fiancé with two other people were in a bar fight in 2015. The victim refused medical attention, stayed at the bar after my fiancé left and died hours later of a heart arrhythmia. My fiancé was convicted of 2nd degree murder unintentional and sentenced to 21 years in prison. He has been... View More

Sarah Gad
Sarah Gad
answered on Apr 9, 2024

You are correct that there is a new aiding and abetting law in the context of felony murder in Minnesota, but whether the new law is applicable to your fiancé's situation requires additional information. With that said, the new law dictates that a person cannot be charged under the... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: Is the minnesota predatory offender registry fall under a civil or criminal area?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 25, 2024

It is a statute that imposes criminal consequences for failure to comply.

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

It’s 3 Percocet pill that I’ve been caught with and it’s my first time and it’s gross misdemeanor charges GM 5th deg-possession of drug, first timer, and I was wondering if I’m serving jail time or how much would I have to pay

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 21, 2024

I think that it is unlikely that you would be facing jail time for a first time GM drug possession case. The best thing that you can do for yourself to avoid having to serve jail would be to get a Chemical Use Assessment and start following the recommendations. That is something that you are... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: How does a person get a charge expunged so that his gun rights can be restored. He is now 45 years old .

He has not been in any trouble since then. He was 15 when this happened.

Robert Kane
Robert Kane
answered on Mar 19, 2024

Having a criminal record expunged may not restore a person's right to possess firearms. You don't provide enough detail to determine your situation. An attorney can assist you if you want it done properly. Some attorneys are affordable and some are not.

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Is it possible to find someone to go to the county jail to speak with my son.He has a case coming up.

He can explain, give proof. Very important he speak in person. Not enough money for calls, etc. I am trying to get him help. Needs to file grievance. Confict of interest. Jailer threatening him to abide, jailer related to judge, request to be moved ignored, etc He would explain.

James L. Arrasmith
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answered on Mar 15, 2024

It's important to act quickly in situations like this. Reach out to local legal aid organizations or public defender's offices; they often provide free legal services to individuals who cannot afford them. They may be able to assign a lawyer or an advocate who can visit your son in jail... View More

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: How can I get a grievance file started asp in blue earth county
James L. Arrasmith
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answered on Mar 14, 2024

To get a grievance file started in Blue Earth County as soon as possible, it's important to first understand the specific nature of your grievance. Different types of complaints may require different approaches and might be handled by various departments within the county. For example, issues... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can firearm rights be restored, even if an expungement is not possible?

Is an expungement available for a conviction under 609.222 (assault 2nd degree)?

Can firearm rights be restored, even if an expungement is not possible?

James L. Arrasmith
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answered on Mar 13, 2024

In Minnesota, expungement may be possible for a conviction under § 609.222 Assault in the 2nd Degree in certain limited circumstances. However, even if expungement is granted, it would not automatically restore firearm rights.

Expungement eligibility depends on the specific facts of the...
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3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Minnesota on
Q: Can you open carry an AR with you conceal and carry permit?

I have been looking through so many sites and can’t seem to get a reliable answer everything seems to contradict.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 6, 2024

Honestly, I'm not sure if you would be permitted to do so. But I would suggest that things that might be legal aren't necessarily smart to do. Law enforcement is going to be all over you if you are out wandering around open carrying an AR-15 or similar type long gun. Rightly or... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Ex brought a guy over I was rammed by his car.

My ex claimed to get a phone number off my phone while I slept the person claimed to be my friend. She left her child who I was not responsible for to meet him. I found her with a guy she was in the front seat of the vehicle with him. I tried to talk to them, but he rammed me with the car. The... View More

James L. Arrasmith
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answered on Feb 28, 2024

I'm sorry to hear about this difficult situation. Here are a few suggestions that may help:

- Document everything you can remember about the incident, including the date, time, location, vehicle description, driver's identity if known, and any injuries or damage caused. This could...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: I am the victim of a damaged to property case.. The defendant was convicted in order to pay restitution and is dead

I'm wondering what happens when the person of a crime that is convicted dies in Minnesota if the victim is still paid restitution?

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 19, 2024

When a person is convicted of a crime and ordered to pay restitution as part of their sentence, then that person dies prior to discharge from that sentence without having paid restitution; the court loses jurisdiction over the person after their death. But you might want ot check with the... View More

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3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If I get pulled over by a police officer, can I legally rip off my illegal window tint before they walk up to the car?
T. Augustus Claus
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answered on Feb 15, 2024

In Minnesota, while it might be physically possible to remove illegal window tint if you're pulled over by a police officer, doing so would not be advisable. This action could be viewed as tampering with evidence or obstructing a police investigation. Even if you remove the tint before the... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: Hello question my friend was just pulled over for a headlight out . Mind you she was only about 2 miles away from home.

She's mental health issues and she is a diabetit was 8 PM the night before Thanksgiving as she got pulled over for a headlight out. As the officer approached her window he had noticed her pupils were Dilated. He jumped the gun and asked her if she was smoking fetal. He asked her to get out of... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 7, 2024

She should get help from a private criminal defense attorney, or a free public defender, if she qualifies. Then she can work with her lawyer in developing effective defenses, and factual information. On the driver's license issue, she may want to call a "Driver Evaluator" at the... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can a defendant submit a written statement prior to a probation violation hearing?

I completed almost everything required of my probation. I am not quite sure how I will do in court with the pressure. I would feel more comfortable if I can submit something in writing beforehand since the prosecutor and probation officer have substantially more experience in court. I realize this... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 29, 2024

I believe it's possible. But I don't think it would be a good idea. Too risky. A better practice would be to discuss with defense attorney, and have the attorney speak on behalf of the defendant.

1 Answer | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: Hi I'm being RNM every day by the police. However I want it to stop i can't go to the police cause then I'm crazy.
James L. Arrasmith
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answered on Jan 26, 2024

I understand this is a very distressing situation. However, claiming the police are remotely neural monitoring (RNM) you without providing any evidence makes it unlikely others will take the report seriously. Here are some suggestions that may help:

1. See a mental health professional....
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1 Answer | Asked in Criminal Law for Minnesota on
Q: Accused of threatening to shoot someone that is false and a lie but I am no not able to go on the school grounds

My child goes to this school can I go after the school n prove that I never said that

T. Augustus Claus
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answered on Jan 18, 2024

If you have been falsely accused of making threats and are now restricted from entering the school grounds where your child attends, it is important to address the situation promptly. First, gather any evidence or witnesses that can attest to your innocence and the fact that you did not make any... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: I was mailed a misdemeanor for taking a cell phone out of the casino that didn’t belong to me! What would be my best def
Thomas C Gallagher
Thomas C Gallagher
answered on Jan 18, 2024

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

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1 Answer | Asked in Criminal Law for Minnesota on
Q: If someone is on a bond release with conditions, can they be arrested on a warrant for q positive urine test?
Thomas C Gallagher
Thomas C Gallagher
answered on Jan 12, 2024

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

2 Answers | Asked in Criminal Law for Minnesota on
Q: Hello, my Fiancé has a history of a felony. He served all of his time, no parole. Last year he was charged with a new

felony. We drive to court out of state every 2-4 weeks for the past 11 months. He has not missed a court date! The out of state case has not gone to trial, and his attorney is still waiting on full discovery.

A few weeks ago, he was arrested and charged, in our home state with being near a... View More

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

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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3 Answers | Asked in Criminal Law for Minnesota on
Q: I don't think my court appointed attorney is defending me as well as he could/should be. How do I ask for a new one?

My public defender does not communicate with me and refuses to anything I request him to do. I have to request multiple times and then if he feels like it he explains it's too late to do what I request or he just doesn't acknowledge my request.

Sarah Gad
Sarah Gad
answered on Dec 23, 2023

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

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