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Minnesota Criminal Law Questions & Answers
3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: can law enforement keep your under survellance based on false accusations of criminal activity
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 8, 2023

Can they watch what you are doing in public? Yes, that is not something that requires a warrant. They could not search your property without a warrant. They cannot put a tracking device on your car without a warrant. They cannot listen to your phone calls without a warrant. But surveillance... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: looking to hire a lawyer to help with my driver's license and dui charge. What is the typical cost/ retainer for this?

I am needing representation for a dui charge that has not been brought up yet, but I have lost my license. The officer's in this case did not follow the laws and have a history of harassment. I passed the field sobriety test, and afterwards another officer showed up saying he believed i was... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 5, 2023

Your best best may be to reach out directly to criminal defense attorneys. Fees are going to vary some, especially for somewhere outstate like Becker County. Attorneys that have offices towards the Cities are likely going to have to charge for windshield time, especially if there are in person... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: Were my rights violated?

I was supposed to get a jury trial to decide the outcome of my case, but the judge decided it all instead. Me and my boyfriend had the exact same charges, but he was given a much lighter outcome than me. I'm very confused and feel like I've been messed with a bit.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 30, 2023

The judge decided it instead? You must've waived your right to a jury trial. That would've occurred in court and on the record. None of us have seen the police reports. So there is no way to determine if the judge "got it right." But presumably, there must've been some... View More

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2 Answers | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: Can i find an attorney for a trial that starts tomorrow for False Allegations of Sexual assault and Maltreatment, MN?

Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 29, 2023

An attorney is not going to be prepared who is retained the day for a hearing/trial. It is unclear from your question whether this is a criminal trial; an OFP/HRO hearing; a child protection trial; or something else. Your best bet is to go to the hearing and request additional time from the Court... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: recently lost my DL due to test results that came back positive, what is the next step to getting my license reinstated?

I was parked in a gas station parking lot when an officer pulled in behind me activating his lights, he claimed he was pulling me over for a loud muffler. I did in fact have an exhaust leak. The officer stated my eyes were red ( explained due to the exhaust leak) he asked me to take a field... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 26, 2023

If police give a person an administrative Notice of Revocation of driver's license, then it's important to file an "implied consent" court challenge to it, within the 60 day time limit (or it will be forever barred). However, most will want to do so ASAP, since the sooner the... View More

1 Answer | Asked in Criminal Law and Banking for Minnesota on
Q: I have not been charged yet. Is it possible to speak with a lawyer. The bank says their was a Zelle check/ in my name.

Over $4800

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 25, 2023

Yes, simply call a lawyer on the phone. In the meantime, avoid talking to anyone else about it.

3 Answers | Asked in Criminal Law for Minnesota on
Q: I know I will be charged. Is it possible to meet with lawyers before being charged?
T. Augustus Claus
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answered on Aug 25, 2023

Yes, it is possible to meet with lawyers before being formally charged with a crime. In fact, it can be beneficial to consult with an attorney as soon as you become aware that you are under investigation or may potentially face charges. This early involvement can help protect your rights, guide you... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: If a search warrant was executed and cash and alleged drugs were confiscated does the receipt have to have amounts?

For money and drugs

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 21, 2023

Isn't the question really, "If a search warrant was executed and cash and alleged drugs were confiscated, what would the significance be of the receipt not having amounts?" Two come to mind. First, police and the prosecution may be doubted about later made claims about amounts, to... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can I get in trouble if people I know attack my ex boyfriend if he blames me for it?
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answered on Aug 17, 2023

In Minnesota, if people you know attack your ex-boyfriend and he blames you for it, you could potentially face legal consequences depending on your involvement in the incident. If you had any role in planning, encouraging, or inciting the attack, you could be held legally liable for your actions.... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: I was caught on camera 26 time.forgetting to scan something…over a period of time . They stopped me and call the police.

he gave me a citation and told me to watch for a court date and this was at her yet what do I need to do? I do feel I rush and don’t pay attention to close when scanning or missing….. please give me advice

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 17, 2023

First, do what needs to be done to ensure that never happens again. (Perhaps, never use to self-check out lane again.) Next, set a goal for outcome in the criminal case. (Perhaps "avoid a conviction record.") To help accomplish your goal, get help from a criminal defense lawyer, either... View More

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2 Answers | Asked in Libel & Slander and Criminal Law for Minnesota on
Q: How long do I have to pursue charges against someone who made a (proven) false police report against me?

My ex called police and tried to get me sent to jail by telling them that I assaulted him, it was proven false by a third party witness. No charges were pressed against me. A few years have passed but I am having issues with this person again and I am really regretting not pursuing criminal... View More

Robert Kane
Robert Kane
answered on Aug 10, 2023

The prosecutor presses charges. Victims file police reports.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: What is a ballpark range for hiring a lawyer for a first degree drug possession charge in Lyon county mn?

Just wondering about how much I’d have to pay if I wanted to hire a lawyer for my boyfriends case.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 10, 2023

Your boyfriend should contact attorneys direct that practice in Lyon County for prices. The price is going to depend on a number of factors including the charge(s) he is facing, his prior criminal history, etc.

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Minnesota on
Q: I'm in Minnesota I have a medical marijuana card and my parole agent does not want me to use marijuanacan I be violated
Sarah Gad
Sarah Gad
answered on Aug 2, 2023

Technically, they can violate you for it (depending on the county) but you could overcome this by seeking a court order from a judge permitting you to use marijuana for legitimate medical reasons. In an ideal system, you would not be violated for taking your prescribed medication, but laws can... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Minnesota on
Q: If my brothers arresting officer was later convicted of possession of child pornography can my brother get a dismissal?

My brother was arrested and charged for aggravated assault on a law officer and possession. His arresting officer was later convicted of possession of child pornography. Can my brother get a dismissal or appeal based on the officer misconduct he is not longer a cop

Robert Kane
Robert Kane
answered on Jul 30, 2023

What does the officer's possession of child pornography have to do with your brother assaulting a police officer and possession? Obviously, every criminal doesn't go free because one officer broke the law.

3 Answers | Asked in Criminal Law for Minnesota on
Q: If wife and son were subpoenaed on a misdemeanor domestic. Do they have to go to court and testify against their hub/dad
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answered on Jul 28, 2023

In Minnesota, if your wife and son have been subpoenaed to testify in a misdemeanor domestic case, they are legally obligated to appear in court. Failing to comply with a subpoena can result in legal consequences. However, they may have the option to assert their Fifth Amendment right against... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Does law enforcement have to tell you that your under arrest? To understand the context of what I mean

I was once stopped and the officer after he ran names and plates of the car etc. came to the window asked me to get out of the car, and I did walked to the back of it, told me to put my hands out and he searched me and handcuffed me and walked to his squad and put me in the back and the only thing... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 19, 2023

Typically an officer would tell you that you are under arrest and typically you would be informed what you are being arrested for. The fact that the office did not do that, is not necessarily going to result in a remedy. But there could be something here if you were questioned after arrest... View More

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2 Answers | Asked in Criminal Law, Admiralty / Maritime, Civil Rights and Constitutional Law for Minnesota on
Q: how can i lose my lisense when i wasnt even driving

i was never arrested for driving and i was never brought into the station to have an official breathalizer administered

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answered on Jul 17, 2023

Losing your license without being involved in a driving-related incident can occur in certain situations. It could be due to administrative actions by the Department of Motor Vehicles or similar agencies, such as non-compliance with requirements or violations. Additionally, unrelated offenses like... View More

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1 Answer | Asked in Federal Crimes and Criminal Law for Minnesota on
Q: How likely is jail time for a first offense felony property destruction in Minnesota?

My friend got served for felony level property destruction of a vehicle, his court date is coming up and I know he's going to be charged. But how likely is it that will come with jail time?

He poured beer in the oil of a truck and it blew the engine. The friends he was with also did a... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 16, 2023

We would need more information to be able to answer that. For example, the question is listed under "federal crimes." Federal crimes are more likely to result in lengthy prison terms that Minnesota state court crimes. When I get a criminal charge dismissed, or an acquittal, my client... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: Can a criminal investigation not resulting in charges be removed from public record through a process somehow?

In Minnesota, Criminal Investigations are available to the public after they are inactive, no longer being investigated whether charges were filed or not. The case investigated where I was the suspect was because of my therapist illegally reporting a potential crime where he broke confidentiality... View More

Robert Kane
Robert Kane
answered on Jul 11, 2023

An attorney can certainly assist you with this endeavor. Some attorneys offer reason rates. Some do not.

If you were arrested but were never charged with a crime, OR if the case was dismissed before a criminal complaint was filed against you, you may be able to request that the...
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3 Answers | Asked in Criminal Law and Municipal Law for Minnesota on
Q: Can one have a case dismissed if city attorney lies to the court for a change of a trial date?

Audio recording from city attorney saying emergency surgery, I have proof the city inspector was in the Philippines visiting his new internet girlfriend. Code violation and years of being harassed by the city. Lies on the probable cause. Not on the city hit list of violators, no complaints, no... View More

Sarah Gad
Sarah Gad
answered on Jul 5, 2023

In my opinion, a documented lie by a city attorney that is unrelated to the factual basis for a criminal charge probably would not directly result in the dismissal of that charge. This is especially true if if there is probable cause and corroborating evidence to support the charge (a city... View More

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