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Minnesota Criminal Law Questions & Answers
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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1 Answer | Asked in Criminal Law for Minnesota on
Q: Good afternoon- My 12 year old daughter was verbally harassed/antagonized by an employee and there were witnesses.

My daughter was aggressively barked and harassed by an employee at the Dollar Tree in Fridley, MN or may be considered Columbia Heights. My child is now afraid to go to stores because she feels that will happen again.

There is a lot more and a backstory to how this came to be.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 23, 2023

There isn't really a question here. What you describe would not be a criminal matter. She wasn't charged with a crime and I'm not sure that her treatment by employees would rise to the level of a crime. What kind of advice are you looking for?

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: A search warrant that states a offense that is not in the code books. Is stated offense actually a offense or crime?
Thomas C Gallagher
Thomas C Gallagher
answered on Jun 18, 2023

The question, as worded, is unclear. A "crime" is generally the equivalent of an "offense," however.

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2 Answers | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: Likely possible that my 2nd 5th degree charge and Dui offense after having a adjudication sentenceing placed

15 days after the adjudication sentenceing I received a 2nd 5th degree and Dui charge but had started completing requirements of getting probation officer and starting treatment iv completed some of treatment that granted me lower my risk assessment to minimal and have passed required urine test... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 13, 2023

Your question is a tad confusing, but it's fair to say that if you committed a 2nd 5th Degree assault 15 days after you were sentenced on a prior matter that you have big problems. If you are convicted of the new offense, you would be in violation of probation. I can only assume that you... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Minnesota on
Q: Can having a 609.72.1 disorderly conduct conviction on my record ban me from having guns federally?
Sarah Gad
Sarah Gad
answered on Jun 12, 2023

No, a person with a 609.72.1 conviction for disorderly conduct alone will not cause you to forfeit your Second Amendment rights to own a firearm. If you don't have any other convictions (especially felony convictions) you should still be eligible to have a firearm.

4 Answers | Asked in Criminal Law for Minnesota on
Q: A different state used a California conviction to enhance their sentence. Is that legal?

The conviction in California was a no-contest plea, and out-of-state enhancement wasn't part of the deal.

Sarah Gad
Sarah Gad
answered on Jun 12, 2023

This is a good question.

Based on the information you provided, I will answer this under the assumption that Minnesota is the jurisdiction that is using the California conviction to enhance the sentence, and the California conviction was recent (i.e. less than 15 years old). In this case,...
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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Person with DANCO called cops w/ false claims on protected party who then was arrested doing nothing to person w/DANCO

Person w/DANCO was arrested and charged two weeks prior in a different county..is it legal for the police to let person w/DANCO go and arrest protected party on false claims of abuse? Protected party was found not guilty also as this was drug out in court

Todd B. Kotler
Todd B. Kotler
answered on Jun 7, 2023

The police can arrest if they have what in their view is probable cause (a much lower standard of proof than what is needed for conviction). If the person subject to the protective order filed a false report that may be a crime but the decision as to whether to charge belongs to the prosecutor.... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I got a Minor in consumption, how can I get it cleared from my record without going to court?

Recently turned 18 and am wondering if there is any way to get this off my record, I’ve heard of kids getting unsupervised probation before so could that work?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 6, 2023

Unsupervised probation doesn't mean that they didn't end up with someone on their record. Your best bet would be to get an attorney - either a private attorney or a public defender, if you do not have the funds for a private attorney. An attorney will be able to point you the right... View More

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1 Answer | Asked in Criminal Law, Domestic Violence, Military Law and Health Care Law for Minnesota on
Q: 7 yrs after supposed suicide why would the ME office send back a partial police report that's fake? Is that my proof?

I have proof against an abuser/drug dealer who's been somehow discrediting me and changing legal docs at court house. If I prove the abuse, it'll prove two deaths are NOT suicide. And struggling getting my Mayo Clinic medical records sent to the VA cuz have proof of abuse! I have been... View More

James L. Arrasmith
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answered on Jun 18, 2023

I'm sorry to hear about the difficult situation you are facing. It sounds like you have been through a lot and are trying to uncover the truth about the deaths of your ex-husband and stepson.

If you believe that the medical examiner's office has sent you a partial police report...
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2 Answers | Asked in Traffic Tickets and Criminal Law for Minnesota on
Q: I made the mistake of speeding 39 in a 30 Urban road. Officer cited me as 169.14 2a petty misdemeanor.

I was told to pay it after ten days of it being in the system (it’s been 5 days since the ticket)

To my suprise I received a criminal mandatory traffic court hearing arraignment notice

I’m not sure what happens. I’ve never been in trouble with the law (fully clean criminal... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jun 3, 2023

Most would prefer to keep a speeding ticket off of their Minnesota driver's license record. To accomplish that, the ticketed driver must avoid paying the ticket, and instead set up a "hearing officer" appointment (in the metro area) or a court appearance to discuss settlement... View More

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2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for Minnesota on
Q: Today I was caught exiting a store with a few goods I did not pay for. Loss prevention came out, I said I would go with

Today I was caught exiting a store with a few goods I did not pay for. Loss prevention came out, I said I would go with them just to please not touch me. The lp grabbed my right arm, twisted it, bent my wrist back, physically pushed me down causing cuts on my knee, held me down by putting his knee... View More

Robert Kane
Robert Kane
answered on May 30, 2023

You may have a case if you can prove the facts as you allege. Evidence takes many forms, including witness testimony and video. Your medical bills would also be important. The aggressor will undoubtedly have a different account of the event and most likely have evidence. Police contact and charges... View More

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3 Answers | Asked in Criminal Law for Minnesota on
Q: What kind of proof does the court need to charge someone with assault aside from hearsay?

My current lawyer doesnt seem to be doing anything. This alleged crime has no proof aside from hearsay and past text confrontations. But the state is pursuing and now it is set for a jury roll call on 06-01 and I don't think it should have even gotten this far without some sort of witness or... View More

John Michael Frick
John Michael Frick
answered on May 25, 2023

Usually, as in your case, they need the victim of the assault testifying as to what happened.

A victim’s testimony about an assault she personally experienced isn’t hearsay and can be sufficient standing alone to support a conviction if the jury believes the victim.

It can be...
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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is there a form to petition the judge to have a MN DANCO removed or modified? I'm the victim of state brought DANCO

I want to live with reconcile relationship with defendant...and he is not guilty of charges state put on him and I am hoping he is willing to seek counseling so I could be ok with just modified DANCO to allow peaceful contact

Sarah Gad
Sarah Gad
answered on May 24, 2023

There is no form or petition for this. A DANCO can only be lifted by a judge.

If you wish to have the DANCO lifted or modified, I would start by reaching out to the victim's advocate assigned to the defendant's case. In almost all domestic violence cases, there is a...
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1 Answer | Asked in Criminal Law for Minnesota on
Q: Is it possible to have my charges from 2001 expunged?

I was charged in 2001 with felony terroristic threat and felony assault in the 5 degree.

Sarah Gad
Sarah Gad
answered on May 24, 2023

Unfortunately, neither one of these offenses (felony assault & terroristic threats are expungable offenses in the State of Minnesota at this time. You can find a full list of expungable felony offenses here: https://www.revisor.mn.gov/statutes/cite/609A/full#stat.609A.01.

If you...
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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: How do I fight an assault charge that I was falsely accused of? I was the victim and the one I was assaulted?

This isn't the first incident either. The other time the police didn't believe me either. The guy that assaulted me has a lengthy record of assault and he's a convicted felon. He's also a professional boxer. I have bumps and bruises all over I have photo proof also.

Todd B. Kotler
Todd B. Kotler
answered on May 23, 2023

Fighting charges successfully almost always requires hiring a skilled criminal lawyer. You need to also be able to provide witnesses and documentary evidence that supports your version of the truth. WIthout that you will have to rely on the cross examination of the prosecution witnesses and you... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: I am looking for a criminal lawyer for my nieces that are witness in csc. They told the county attonery

that they were coached by their cousin to make a false police on the victim in the case and wanted the case dropped. Everytime the county attonery talks to my nieces they write up a false incident report of what my nieces said.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 23, 2023

You should reach out directly to criminal defense attorneys in the area where this offense occurred for representation. There are attorneys out there who should be able to help.

2 Answers | Asked in Criminal Law for Minnesota on
Q: I got caught shoplifting and got a citation. Does this mean I will be charged or just pay a fee?

Please no judgments, I made a dumb mistake and I very much regret it. But here goes:

I was caught undersigning merchandise at a large retailer, about $180, and the store security stopped me and made me go back to pay for the merchandise so I did, and then I was escorted into a room by... View More

Sarah Gad
Sarah Gad
answered on May 7, 2023

No judgments here. We all make mistakes and we as defense lawyers are here to help mitigate the fallout from your mistakes so that you are not defined by them. With that said-

The answer to your question is: it depends. The police officer who took the report and issued the citation will...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can you be prosecuted for a privately sent video of you using drugs found on a friends cell phone?

You

A friend (buddy 1) of mine goes to turn himself into jail and has his phone. The cops later search it and find old videos of him and another friend (buddy 2) blowing out bong rips that were sent to one another, privately. Can the cops charge my friend (buddy 2) with anything?... View More

Sarah Gad
Sarah Gad
answered on May 5, 2023

Unlikely that Buddy #2 would be charged.

If Buddy #2 was some sort of accomplice to the crime that Buddy #1 turned himself in for or was part of a conspiracy with Buddy #2, or the two were part of a drug conspiracy, then yeah, possibly. It also depends on how old the videos are (statute of...
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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was walking down the street and police patted down my jacket for no reason. they found drugs. can they charge me?

I was walking about 100 yards from my car to a liquor store and was stopped and told I needed to put my hands above my head, I did a double take because I didn't know they were talking to me (why would they bc I wasn't doing anything shady) they found some drugs but not a lot.

Sarah Gad
Sarah Gad
answered on Apr 29, 2023

This is a great question. As a general matter, a person who is walking down the street minding their own business is entitled to Fourth Amendment protection, which protects people from "unreasonable searches and seizures" by the government. What you are describing sounds like a Terry... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: If someone brandished a loaded magazine at me instead of their actual firearm... would they still be guilty of a felony?

I feel like they would be because "brandishing" isn't necessarily tied to a firearm as far as I could tell.

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 27, 2023

If you threaten some on with a weapon capable of causing harm, that could expose you to the possibility of facing a criminal charge. Since a magazine is not a weapon or capable of causing harm, it's difficult to imagine a scenario where a person holding a magazine could be the basis for an... View More

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