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answered on Oct 1, 2024
Did not know they were committing a what? Law enforcement needs reasonable articulable suspicion to pull someone over. They would then need probable cause to place that individual under arrest and probable cause to get a warrant to seize their blood or urine. Get an attorney on board to review... View More 
answered on Oct 1, 2024
Police are required to have "reasonable, articulable suspicion of criminal activity" or an observed violation of law to justify a traffic stop. If police are "profiling" in a way that lacks that justification, then the stop could be ruled illegal by a judge. If a defendant... View More
I was recently arrested for a warrant that was issued in May of 2021. Since then Ive had multiple interactions with police and even have been released from jail with it. It was for felony theft of $1000-$5000 in MN. They tried to mail me a citation back in May of 2021 but the mail was returned and... View More
answered on Oct 1, 2024
In criminal cases, the prosecutor must file a charging document (Complaint, Indictment, etc.) before the applicable Statute of Limitations period expires. The date the defendant learned of the criminal charge is not relevant to a Statute of Limitations issue. There may sometimes be, however,... View More
I still have to proceed with my case even if his is gets dismissed. It's been over a year almost 2 since we been dealing with this case. I've had about 4 pretrial dates scheduled and I'm getting no where. We are being charged with 2 degree burglary and unauthorized card transactions
answered on Sep 9, 2024
Theoretically when the prosecution dismisses a codefendant's criminal charges it could have no effect on other codefendants' cases. But in practice there can be some effects. For example, it could have impacts on whether the dismissed codefendant can be forced to testify at the... View More
Getting ready to drive and he set in on the windshield and it blew off. He did not place it under the wiper.
I did not know it was a process server.
The individual was chasing after my vehicle hours prior, and upon returning to the same location later, he appeared again. When he... View More
answered on Sep 4, 2024
Who will do the considering, after hearing & seeing the evidence? Likely would be a judge. If the person being served could reasonably understand that they were being personally delivered papers, a judge would likely view that as effective personal service (even if the person never looked at... View More
Really my attorney I don't like her. She had me take a plea and I think I should not have. It's for a 5th degree but only half the evidence was sent to bca. And besides that I had not known the amount was only .25 it's for a fifth degree she did not tell me it was such a small amount... View More
answered on Sep 3, 2024
Can a defendant move (ask the judge) to withdraw their guilty plea at a sentencing hearing? Yes. Is that a good idea? Maybe not. Minnesota has a relatively recent law reducing some "Controlled Substance 5th Degree Possession" cases from a felony to a Gross Misdemeanor if the amount is... View More
Telling me I was learning the facts from the prosecutor as I was taking the plea . My attorney had me take a plea for a 5th degree when only half the evidence was sent to the bca and the amount was .25. she wants me to plea guilty to a fifth degree. I have sentanceing this a.m.
answered on Sep 3, 2024
I presume that when you plead that you told the officer under the oath that you understood the rights that you were waiving when you plead guilty and that you were not under the influence. You can certainly try withdraw the plea, but I don't expect that the court is going to let you withdraw... View More
Telling me I was learning the facts from the prosecutor as I was taking the plea . My attorney had me take a plea for a 5th degree when only half the evidence was sent to the bca and the amount was .25. she wants me to plea guilty to a fifth degree. I have sentanceing this a.m.
answered on Sep 5, 2024
A defendant can make a motion (ask the judge) to withdraw their prior guilty plea. The judge could grant or deny that motion. Note that under the Minnesota Rule of Criminal Procedure, the legal standard for a judge allowing plea withdrawal is higher (more difficult) after sentencing than before.... View More
answered on Aug 27, 2024
Is this restitution from a criminal conviction or are you using the term in the general sense? In either case, most attorneys who deal with civil disputes in general practice can assist you. Firms that specialize in personal injury probably not. You and your attorney will need evaluate the... View More
answered on Sep 3, 2024
The defense can file a motion to suppress evidence based upon an illegal traffic stop. If the judge grants it, all evidence police obtained as a result of the illegal traffic stop would be suppressed by the judge. Almost always, this results in the criminal and traffic charges being dismissed.... View More
He asked where we going and why we went the way we did. He asked for driver ID. Driver asked why we were pulled over. Officer responded with "I will tell you after I see your ID".
answered on Sep 18, 2024
In Minnesota police must justify a traffic stop with "reasonable articulable suspicion of criminal activity" or an observed traffic law violation. These are based on facts that the officer can articulate, later to a judge. A driver must have a valid driver's license to lawfully... View More
Radar at 20 - 24 in 55 (unsure exactly, but either coming to stop, or accelerating from stop), stopping too long at stop sign (5 - 10 seconds (7)), and claims license plate lights non functional was the reason for stop. They may be dim, but ARE fully functional.
answered on Sep 3, 2024
Police can lawfully stop a driver if they observe a violation, or facts amounting to "reasonable, articulable suspicion of criminal activity." Since Minnesota laws requires a working plate light, lack of one can be a lawful basis for a stop. If working, but police claim the contrary, a... View More
answered on Jul 28, 2024
Quite often individuals ask in this forum (and similar online forums): how much jail/prison time am I going to do for my crime or other penalties? Frankly, we have no idea. It depends on many factors. (e.g. specific charges, defenses, evidence, criminal record, legal representation, place where... View More
answered on Jul 28, 2024
Quite often individuals ask in this forum (and similar online forums): how much jail/prison time am I going to do for my crime or other penalties? Frankly, we have no idea. It depends on many factors. (e.g. specific charges, defenses, evidence, criminal record, legal representation, place where... View More
answered on Aug 22, 2024
If you are prohibited from possessing a firearm due to a prior felony charge, being caught with a felony could result in a charge for unlawful possession by an ineligible person pursuant to Minnesota Statute 624.713. This is a serious felony charge which carries significant prison time. However,... View More
I have waited 113 days for an evaluation to take place and finally a doctor called me to do a video conference to complete the evaluation. I have found that she is a licensed psychiatrist but is not licensed in this state only in two other states does this seem like a legitimate situation? I... View More
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answered on Jun 29, 2024
This is a complex situation that raises several important legal and procedural concerns. Here's an analysis of the key points:
1. Competency evaluation timing: The 113-day wait for your evaluation is significant. Many jurisdictions have specific timeframes for competency evaluations,... View More
I got pulled over got a 5th degree and a dui. They charged me a year later and also they charged me separately a week apart dui charge then 5th degree a week later so now I’m on probation for one and bail for the other. I have no criminal history and I know they’re doing this on purpose THE... View More
answered on Jun 11, 2024
It sounds like you were pulled over on suspicion of a DUI and the police officer searched the car and allegedly discovered a controlled substance in the vehicle. It is pretty atypical for someone to be charged separately for alleged offenses arising from the same incident, but it is permissible and... View More
I got pulled over got a 5th degree and a dui. They charged me a year later and also they charged me separately a week apart dui charge then 5th degree a week later so now I’m on probation for one and bail for the other. I have no criminal history and I know they’re doing this on purpose THE... View More
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answered on Jun 21, 2024
I understand you're in a difficult situation and feeling frustrated with the legal process. While I can't provide specific legal advice, I can offer some general information and suggestions that may be helpful:
1. Multiple charges from one incident: It's not uncommon for... View More
I'm asking because my p.o has Threaten to put me back on a 90 day violation for smoking (street weed) thas pot that's not from a dispensary.
And now on top of that, she wants me to do MRT
And my insurance won't cover it. And she told me. I'm ether gonna pay... View More
answered on Jun 3, 2024
You need to follow your conditions of supervised release. If supervised release requires sobriety, you need to remain sober. If you have a prescription for medical marijuana, then you need to get your pot from a dispensary. I'm not sure why she is requiring you to do MRT, but you are likely... View More
Very strange a group home house owner stolen $10,000.00 my property only because I reasoned to move forward yes exit premises yes the move was legal yet he offered a different property (residence) no diffilculty in haveing rent payments made, legit!
answered on May 31, 2024
Given the small amount of money involved, it would not likely be worth the administrative overhead of setting up the file even if you were paying the attorney on an hourly fee basis. And it's way too small for a contingency fee. Most very small cases like this (under $15,000) can be... View More
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