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?
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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?
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.
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 »
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 »
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 »
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.
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?
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.
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.
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 »
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