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Minnesota Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Is it possible to find someone to go to the county jail to speak with my son.He has a case coming up.

He can explain, give proof. Very important he speak in person. Not enough money for calls, etc. I am trying to get him help. Needs to file grievance. Confict of interest. Jailer threatening him to abide, jailer related to judge, request to be moved ignored, etc He would explain.

James L. Arrasmith
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answered on Mar 15, 2024

It's important to act quickly in situations like this. Reach out to local legal aid organizations or public defender's offices; they often provide free legal services to individuals who cannot afford them. They may be able to assign a lawyer or an advocate who can visit your son in jail... View More

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: How can I get a grievance file started asp in blue earth county
James L. Arrasmith
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answered on Mar 14, 2024

To get a grievance file started in Blue Earth County as soon as possible, it's important to first understand the specific nature of your grievance. Different types of complaints may require different approaches and might be handled by various departments within the county. For example, issues... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can firearm rights be restored, even if an expungement is not possible?

Is an expungement available for a conviction under 609.222 (assault 2nd degree)?

Can firearm rights be restored, even if an expungement is not possible?

James L. Arrasmith
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answered on Mar 13, 2024

In Minnesota, expungement may be possible for a conviction under § 609.222 Assault in the 2nd Degree in certain limited circumstances. However, even if expungement is granted, it would not automatically restore firearm rights.

Expungement eligibility depends on the specific facts of the...
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3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Minnesota on
Q: Can you open carry an AR with you conceal and carry permit?

I have been looking through so many sites and can’t seem to get a reliable answer everything seems to contradict.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 6, 2024

Honestly, I'm not sure if you would be permitted to do so. But I would suggest that things that might be legal aren't necessarily smart to do. Law enforcement is going to be all over you if you are out wandering around open carrying an AR-15 or similar type long gun. Rightly or... View More

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3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Minnesota on
Q: Can you open carry an AR with you conceal and carry permit?

I have been looking through so many sites and can’t seem to get a reliable answer everything seems to contradict.

James L. Arrasmith
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answered on Mar 6, 2024

The rules around open carrying an AR-style rifle with a concealed carry permit can indeed be complex and vary widely from one jurisdiction to another. Generally, a concealed carry permit applies to handguns and does not automatically grant the right to openly carry rifles or other long guns. Each... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Ex brought a guy over I was rammed by his car.

My ex claimed to get a phone number off my phone while I slept the person claimed to be my friend. She left her child who I was not responsible for to meet him. I found her with a guy she was in the front seat of the vehicle with him. I tried to talk to them, but he rammed me with the car. The... View More

James L. Arrasmith
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answered on Feb 28, 2024

I'm sorry to hear about this difficult situation. Here are a few suggestions that may help:

- Document everything you can remember about the incident, including the date, time, location, vehicle description, driver's identity if known, and any injuries or damage caused. This could...
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2 Answers | Asked in Business Law, Federal Crimes and Criminal Law for Minnesota on
Q: Is it illegal to make fake money if it is clearly fake?

I want to make 1:1 hand drawn copies of US currency, and present them as an artwork. I wouldn't be attempting to make them realistic, I would only be drawing them with cheap markers on green copy paper. I want to know if it would be illegal to sell the artwork if somebody was interested in... View More

James L. Arrasmith
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answered on Feb 25, 2024

Creating hand-drawn copies of U.S. currency, even if not intended to be used as real money, can navigate a fine line legally. Under U.S. law, reproducing currency with the intent to deceive is illegal. However, the law allows for the creation of illustrations of currency under specific conditions,... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I am the victim of a damaged to property case.. The defendant was convicted in order to pay restitution and is dead

I'm wondering what happens when the person of a crime that is convicted dies in Minnesota if the victim is still paid restitution?

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 19, 2024

When a person is convicted of a crime and ordered to pay restitution as part of their sentence, then that person dies prior to discharge from that sentence without having paid restitution; the court loses jurisdiction over the person after their death. But you might want ot check with the... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I am the victim of a damaged to property case.. The defendant was convicted in order to pay restitution and is dead

I'm wondering what happens when the person of a crime that is convicted dies in Minnesota if the victim is still paid restitution?

Robert Kane
Robert Kane
answered on Feb 20, 2024

The victim will undoubtedly need to take steps if restitution is to be satisfied. Two big questions would be 1) how much is owed; 2) did the deceased have any money? I would call victim services and the prosecutor office to start.

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3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If I get pulled over by a police officer, can I legally rip off my illegal window tint before they walk up to the car?
T. Augustus Claus
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answered on Feb 15, 2024

In Minnesota, while it might be physically possible to remove illegal window tint if you're pulled over by a police officer, doing so would not be advisable. This action could be viewed as tampering with evidence or obstructing a police investigation. Even if you remove the tint before the... View More

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3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If I get pulled over by a police officer, can I legally rip off my illegal window tint before they walk up to the car?
Robert Kane
Robert Kane
answered on Feb 15, 2024

Interesting question. I don't know for sure, but I doubt it would matter much. The officer already saw the tinted window and can take the wad into evidence. Most criminals stop the criminal activity when officers approach. They don't get charged with obstruction. If I am shooting off... View More

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3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If I get pulled over by a police officer, can I legally rip off my illegal window tint before they walk up to the car?
James L. Arrasmith
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answered on Feb 24, 2024

Removing your illegal window tint while you're being pulled over by a police officer isn't a good idea. First and foremost, it could be perceived as suspicious behavior, potentially escalating the situation unnecessarily. Additionally, doing so might cause the officer to become more... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: Hello question my friend was just pulled over for a headlight out . Mind you she was only about 2 miles away from home.

She's mental health issues and she is a diabetit was 8 PM the night before Thanksgiving as she got pulled over for a headlight out. As the officer approached her window he had noticed her pupils were Dilated. He jumped the gun and asked her if she was smoking fetal. He asked her to get out of... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 7, 2024

She should get help from a private criminal defense attorney, or a free public defender, if she qualifies. Then she can work with her lawyer in developing effective defenses, and factual information. On the driver's license issue, she may want to call a "Driver Evaluator" at the... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: Hello question my friend was just pulled over for a headlight out . Mind you she was only about 2 miles away from home.

She's mental health issues and she is a diabetit was 8 PM the night before Thanksgiving as she got pulled over for a headlight out. As the officer approached her window he had noticed her pupils were Dilated. He jumped the gun and asked her if she was smoking fetal. He asked her to get out of... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 8, 2024

In Minnesota, the license revocation process is a separate civil process from the criminal charges. A license is revoked immediately upon a breath test over the legal limit or a blood/urine test that shows a prohibited substance on board. She can apply for a public defender to represent her in... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Accused of threatening to shoot someone that is false and a lie but I am no not able to go on the school grounds

My child goes to this school can I go after the school n prove that I never said that

T. Augustus Claus
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answered on Jan 18, 2024

If you have been falsely accused of making threats and are now restricted from entering the school grounds where your child attends, it is important to address the situation promptly. First, gather any evidence or witnesses that can attest to your innocence and the fact that you did not make any... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: I was mailed a misdemeanor for taking a cell phone out of the casino that didn’t belong to me! What would be my best def
Thomas C Gallagher
Thomas C Gallagher
answered on Jan 18, 2024

In my experience, the best defenses are based on the state's lack of evidence, and the truth. A defense lawyer will need time and effort to work collecting available information about what happened (facts), to then analyze for legal issues that can help the defense. But the most important... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: If someone is on a bond release with conditions, can they be arrested on a warrant for q positive urine test?
Thomas C Gallagher
Thomas C Gallagher
answered on Jan 12, 2024

Possibly, but that may depend upon more information than contained in the written question. Generally a Probation Officer in Pretrial Release Services would make the initial call (to request that from a judge), and they would have more information. For example, is the urine test positive for... View More

3 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Personal Injury for Minnesota on
Q: I live in MN and I was detained by the city police for assault in the third degree presumable evidence of injury..

The person who is claiming I injured them roll down a flight of stairs and broke a rib was that being said he told the police I pushed him when he tripped and rolled.. The first paper I received in jail nothing is filled out on it and everything is blank or there should be dates time and names and... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 1, 2024

If a person is facing a criminal charge, it's time to get help from a criminal defense attorney - either public defender or private criminal attorney. Once that happens, your attorney will have access to police reports, videos, etc, as well as legal papers related to the case. At that point... View More

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3 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Personal Injury for Minnesota on
Q: I live in MN and I was detained by the city police for assault in the third degree presumable evidence of injury..

The person who is claiming I injured them roll down a flight of stairs and broke a rib was that being said he told the police I pushed him when he tripped and rolled.. The first paper I received in jail nothing is filled out on it and everything is blank or there should be dates time and names and... View More

Sarah Gad
Sarah Gad
answered on Jan 1, 2024

In Minnesota, they do not actually have to charge you to arrest and hold you in jail. If the police officer believes they have probable cause to make an arrest (probable cause is a very low standard), they can hold you in jail for up to 48 hours without charging you. If they do not charge you... View More

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3 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Personal Injury for Minnesota on
Q: I live in MN and I was detained by the city police for assault in the third degree presumable evidence of injury..

The person who is claiming I injured them roll down a flight of stairs and broke a rib was that being said he told the police I pushed him when he tripped and rolled.. The first paper I received in jail nothing is filled out on it and everything is blank or there should be dates time and names and... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Minnesota, the legality of your arrest depends on whether the police had probable cause at the time of the arrest. Probable cause refers to a reasonable basis for believing that a crime may have been committed. If the police had probable cause to believe you committed third-degree assault at the... View More

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