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Minnesota Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Minnesota on
Q: Can someone be asked to take a ua the first court date on a 5th degree posession charge if they weren't arrested for it

If someone receives a summons by mail instead of being arrested for a 5th degree drug charge, could the court order a manditory ua on the first court appearence? Also, would they impose a bail amount as a condition of release if no arrest was made?

Thomas C Gallagher
Thomas C Gallagher answered on Oct 15, 2019

Yes. But in Minnesota we have a Constitutional right to pretrial release without conditions other than money bail. Most judges today will set both a "conditional bail" and an "unconditional bail" amount. Some forget to set the unconditional bail, but will upon request. Your defense attorney... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: can I sue someone in another state?

I gave someone money to buy a car but the person cannot show a proof that they bought the car in my name.

Thomas C Gallagher
Thomas C Gallagher answered on Oct 14, 2019

That is not a criminal law question. A civil lawsuit is not a criminal case.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Accused of theft

On September 22nd I was accused of stealing a wallet at a bar. The sheriff came to my door, showed me a picture from the security camera asked if it was me. I said no, it clearly was not me. She then left. She came back to my house 4 times after that, twice a day for two days. I was at work but saw... Read more »

Luke Neuville
Luke Neuville answered on Oct 5, 2019

Well, you're presumed innocent until proven guilty. You have the ability to challenge the admissibility of evidence, and you can also challenge whether or not there's probable cause for your case to continue. You'll also want to conduct an investigation, and try to convince the prosecutor to... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can you explain this in basketball terms? Obstruct Legal Process-Lawful Execution Legal Process
Gary Kollin
Gary Kollin answered on Oct 3, 2019

That is one of the funniest requests I received

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1 Answer | Asked in Federal Crimes, Personal Injury and Criminal Law for Minnesota on
Q: Need lawyer to do paper work for federal tort claim against bca and a agent have all evidence paper work .. there admit

They arrest me sat in jail month bailed out trial began then they stoped. Bca brought to courts attn they made error in there records I had fulfilled my duty as of 9_17 arrested 5_18 for supposed crime ..now there saying they wanna expungement court under Judical inherent authority..for me...... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 29, 2019

It is unclear what your "federal tort" claim might be. Contact civil rights attorneys directly about this issue.

1 Answer | Asked in Criminal Law for Minnesota on
Q: When inmate Class D non violent crime should he file 75% or 85% time served to see if he's eligible for release
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 29, 2019

Credit for good time in Minnesota is 1/3. No sure about the reference to 85% or 75%.

3 Answers | Asked in Criminal Law for Minnesota on
Q: I was living in SC and was buying a car from my sister and I moved back to MN and she reported the car stolen, so I was

picked up and charged and did all my courts in MN. But there is still a warrant for my arrest in SC even though I was convicted for it in MN. How do I fix it?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 25, 2019

It is unclear from your question why the warrant was issued in South Carolina. More information is needed on how to best address both the warrant in South Carolina as well as the charge(s) in South Carolina.

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2 Answers | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: what is control? and what is dominion? of a fire arm. can I as a felon go hunting with my son?

can a convicted felon be in a vehicle with another non-felon on a hunting excursion? this would include hunting fire arms. can a convicted felon have a dependent in possession of fire arms, or a can said dependent have a concealed carry permit fire arm? would I as a felon be able to go hunting with... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 24, 2019

I discuss this issue extensively on my Liberty-Lawyer.com at https://liberty-lawyer.com/practice-areas/gun-defense-attorney/firearm-possession/ The concern is being accused of a crime as an ineligible person in possession, which carries long mandatory-minimum prison sentences, both state and... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Job application question. crime for a sale of cigarettes to a minor in Minnesota that was deemed as a petty misdemeanor

Currently applying to a few jobs and if the question arises on a an application for if you have ever committed a crime does this count? I was hit by a sting operation years ago. The conviction was a petty misdemeanor which is also considered not a crime in Minnesota, and does this also show on... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 20, 2019

Under the Minnesota Court Rules of Criminal Procedure, Rule 23.02, "Certification as Petty Misdemeanor by Sentence Imposed," "A conviction is deemed a petty misdemeanor if the sentence imposed is within petty misdemeanor limits."

If a person was charged with a misdemeanor crime, then was...
Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Job application crime question based on past sting deemed petty misdemeanor

Currently applying to a few jobs and if the question arises on a an application for if you have ever committed a crime. I was hit by a sting operation years ago for selling cigarettes to a minor. The conviction was a petty misdemeanor which is also considered not a crime in Minnesota. Does this... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 20, 2019

The correct answer, if it is have you have committed a crime, is yes. The fact that it was resolved as a petty misdemeanor, which is not a crime, doesn't mean that it wasn't a crime when the offense occurred. Questions like this are very specific on the language that is used, so I would be clear... Read more »

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1 Answer | Asked in Domestic Violence and Criminal Law for Minnesota on
Q: Restraining order Question:Father not allowed to contact petitioner (exwife/mother of child) except about parenting time

Or health of the child. What is included in this? Is asking who is gonna pick up my daughter or where someone will meet me to get her something that would be allowed to be asked or could I be arrested for that?

Seems like a very vague wording.

"Except as follows "emails or text... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 19, 2019

In my mind, discussing pick up and drop off would fall under discussing parenting time. But you certainly should not meet her or have any contact with her outside of the OFP. You should not argue with her. You should not even respond to contact that addresses issues outside of the OFP.

3 Answers | Asked in Criminal Law for Minnesota on
Q: How can a person be found guilty of a decade old crime with no evidence, over hear says and her story changed many time

And it sat on a person's desk for 17 months before being charged

Gary Kollin
Gary Kollin answered on Sep 16, 2019

The law allows it.

And verbal testimony is evidence

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Drugs were found in a vehicle that was being searched for stolen property

They searched a storage unit that someone rents and a vehicle that is on that property .

Gary Kollin
Gary Kollin answered on Sep 14, 2019

Thank you for sharing. No question is asked

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Minnesota on
Q: My wife's narcissistic "Christian" mother and father have brainwashed her into getting HRO, Ex Parte Custody and Jail 4

I am a 31-year-old Christian, father, husband, and founder of Krew Cleaning services. I had17 "violations of harassment order" that coincidently got filed against the morning I was supposed to see my daughters the first time in 2 months (due to an ex parte custody that got approved based on her... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 13, 2019

You are entitled to a hearing on the HRO/OFP. There are instructions in the paperwork that you were served about how to request a hearing. It will be her burden at the hearing to establish that you have been harassing her or that an act of domestic abuse occurred. The violations are criminal... Read more »

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can the police enforce 1/2 of an ordinance and not the other.
Gary Kollin
Gary Kollin answered on Sep 10, 2019

they did and can

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Is seeing a needle that is closed and shut tight a plain view item in mn although not deemed paraphanalia

The needle was not yet used and was capped

Thomas C Gallagher
Thomas C Gallagher answered on Sep 10, 2019

Context can make a big difference. But diabetics use needles for insulin, which is not an illegal drug.

2 Answers | Asked in Criminal Law for Minnesota on
Q: What can I do, if anything, to help my daughter? I have been told that she is an adult and there is nothing I can do.

My daughter, age 23 and homeless, is a daily IV user of heroin (now laced with fentanyl) and is facing trial for felony drug charges on Sept. 23rd. I fear she may die before the trial! She has mental health issues from a very traumatic childhood, which lead her to drug use, and in my opinion is... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 4, 2019

It's not clear what help you are looking for. You could certainly contact Human Services and see if they will pursue a civil commitment, but I do not know if she meets criteria for civil commitment or not.

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: can I a 16 year old tell someone who is a bad influence to my mother and siblings to stay out of the house?

So I'm 16 and my mom has a vary abusive boyfriend (not physically) and he just threatened to and I quote "ring his little neck. " (my brothers 18 and hes 31) is it possible to get him out of the house for good?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 12, 2019

No. You cannot tell him to stay out, but you could certainly apply for a harassment restraining order or order for protection if one is warranted. That would be your best avenue to keep him out of the home.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: In MN, if you plead guilty on advice from attorney, can you file an appeal / post conviction?

The person did not commit the crime, it was told to tak the plea, admit guilt to avoid going to trial and chance being sentence longer. Can the person file an appeal or a motion for post conviction

Thomas C Gallagher
Thomas C Gallagher answered on Aug 10, 2019

Yes, it's possible though such an appeal motion maybe time barred if not made soon enough. Under most circumstances, a court will not allow withdrawal of a plea or a new trial after a plea. But it would depend upon the facts of the particular case.

2 Answers | Asked in Criminal Law for Minnesota on
Q: How do I initiate a court hearing to take care of a warrant without turning myself in?

Need to set up a court hearing without turning myself in. Case is in MN, I reside in SD and have absolutely no way there. I was “formally charged” by complaint warrant for a crime I did not commit. I have stable job, stable home, and have absolutely no way to get to MN to even do such as I... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 30, 2019

Your only option is to get an attorney on board. But if you are innocent, the matter will likely require a trial. That means coming back to MN.

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