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Minnesota Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: My ex is in jail for violating danco.Do I report it to police or the jail? Can the jail file new charges or do cops

My ex violated the ofp and danco Hes in jail and keeps calling me and sending me mail but he sends it to tbe lady above me. So do just call the jail to report it or do u need to call the police as well

William Bailey
William Bailey answered on Dec 4, 2020

Police investigate crime. Jail staff serve a different function

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1 Answer | Asked in Criminal Law for Minnesota on
Q: I was convicteed on a 5th degree drug charge band lost my gun rights can I get the gun rights back
William Bailey
William Bailey answered on Dec 4, 2020

Yes. You can petition for reinstatement of your rights.

2 Answers | Asked in Criminal Law for Minnesota on
Q: I was convicted if a 5th degree drug charge in mn and lost the right to have a gunmcam I get my right to have a gun back
William Bailey
William Bailey answered on Dec 3, 2020

Yes. You can petition for restoration of your firearm rights.

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3 Answers | Asked in Criminal Law, Traffic Tickets and Car Accidents for Minnesota on
Q: Why is my appearance in court mandatory?

I was in an accident due to a failure to yield left and they found me at fault for the accident. I was told by the officer in charge that I would be able to pay my citation and plead guilty for the charge, but now it says I have a mandatory court appearance. It is a misdemeanor for crim/traffic and... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Nov 30, 2020

If the officer checks the "property damage or injury" box on the citation, the court appearance becomes mandatory. That means failure to appear will result in an arrest warrant. A misdemeanor is a crime punishable by a maximum of 90 days jail, though jail is rare in cases like this.... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: hi, i am trying to see if Carmen Wells Hudson has a criminal record here in the state of Missouri?

such as in; fraud, or the defendant of the witchcraft area?

William Bailey
William Bailey answered on Nov 27, 2020

The information on how to run a criminal background check in Missouri can be found at https://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/crimRecChk.html

1 Answer | Asked in Criminal Law for Minnesota on
Q: My companion of many years took our two canines and relocated to another state..we both have equal custody..did not agre

Did not relinquish my custody rights or agree to their relocation .. state of mn

William Bailey
William Bailey answered on Nov 25, 2020

I doubt the police would do anything, but you could report them stolen if you did not consent to them being taken. Be prepared for the police to tell you that it is a civil matter they won't assist with.

3 Answers | Asked in Criminal Law, DUI / DWI and Arbitration / Mediation Law for Minnesota on
Q: Hi, I am having issues with fulfilling my community service hours due to COVID

I am wondering about how courts are dealing with this COVID mess and the required hours for community service. Instead of doing Sentence-to-serve, I have been approved to do community service but have been having a difficult time fulfilling my hours. My deadline has already been pushed back twice... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Nov 24, 2020

I would expect that a probation and a judge would give extensions for this reason, but in the end would require the time to be served in jail. After all, community service is considered a jail substitute by the courts. Therefore, if it were me, I'd simply find a way to get the hours done.... Read more »

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: how to get a conviction thrown out if the judge bipassed evidence and used a dead person as a witness

the judge used a dead person as a witness in a criminal domestic trial is that lawful and also I thought they have to prove beyond a reasonable doubt they took hearsay of my baby mom and the doctor said there were no signs of strangulation the police said the something and she also contradicted... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 22, 2020

There is no way to answer this question given the information in this question. I understand that this is your recitation of what occurred in the trial. I presume that the county attorney would view things much differently. The only way to assess the legitimacy of your conviction would be to... Read more »

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4 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: My car was seized because of a felony amount of marijuana will I get it back? Scott county mn

I was driving and got pulled over for not fully stopping at a stop sign. I had an odor of weed in my car. They gave me a notice of seizure and intent to forfeit. How do I get it back?

William Bailey
William Bailey answered on Nov 22, 2020

Hiring an attorney is going to be the best chance. At a minimum you should get a consult.

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Does statue limitations apply to convictions
William Bailey
William Bailey answered on Nov 21, 2020

The statute of limitations refers to the period of time between a criminal act and the filing of a charge.

If you are talking about enhanceability there is often a period of time after which a prior conviction can no longer be used.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: How do I get sentence reduction fillable paperwork for my husband who is currently incarcerated? In wyoming.
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 12, 2020

You should consult with attorneys in Wyoming about this if that is where he is incarcerated.

3 Answers | Asked in Criminal Law for Minnesota on
Q: In Minnesota if someone comes breaks into you home can you just shoot them and receive no punishment?

I am being told you can and I am being told you can't from 2 different people. One is saying Minnesota doesnt have castle law or stand your ground law so you have to flee first. The other is saying you can just pull out gun and kill the person without trying to flee.

Mark Edward Arneson
Mark Edward Arneson answered on Nov 9, 2020

Minnesota has a version of the castle doctrine. Under State law a person has no duty to retreat from their own home and is allowed to use deadly force, including shooting an intruder, to prevent a felony from occurring within the home.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Does the state of Minnesota have to have proof or do they go on the past criminal charges that are more than 10 yrs old

If there are no pictures of domestic violence or any evidence do they actually have a case in the state of Minnesota for a domestic violence charge which is a gross misdemeanor

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 8, 2020

This question is not particularly clear. If you are asking about a prior used to enhance to a gross misdemeanor, all they need is the fact of the conviction. The state doesn’t have to reprove the prior offense. Contact me directly if this does address your question.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Somebody I know was recently arrested based on a pending fourth degree charge against an officer despite

The fact that they did nothing illegal. They were accused of pointing a laser pointer at a police officer, but from what we've found so far, pointing a laser pointer at an individual is not recognized as a crime in MN by any means. It is a felony to point one at an aircraft, we know. They are... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 6, 2020

So it is difficult to know what the legal basis for holding this individual might be without seeing the police reports. O would presume that if your friend is charged with assault 4 that your friend is accused of doing more than simply pointing a laser pointer at someone. There is not a ton that... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I was staying at a hotel with my Fiancé in Friley last night and I had the front desk call the cops and they booked him

My fiance was booked on a false domestic violence charge and all day today I've been trying to get it where he gets released he was booked yesterday for and he was processed yesterday but didn't have court today he has court tomorrow at 9:00 a.m. and I told them that it wasn't a... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 6, 2020

Whether your fiancé is charged is out of your hands. That will be a decision for the prosecutor to make. You can let the prosecutor know what you want, but that doesn’t mean that he won’t be charged.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I don't know what I'm going to court for but I don't drive and I don't have my licences either and I have court tomorrow

It says my charges are for crim/traf mandatory I don't know what to expect tomorrow for court

William Bailey
William Bailey answered on Oct 26, 2020

It’s impossible to say without more information. If you have your case number available a call to a lawyer could be informative. In the future the night before an appearance in criminal court isn’t the ideal time to decide it’s worth taking seriously.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: If you are arrested in one county and have a warrant in another county. How long can they hold you in CO
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 25, 2020

Not sure if CO means Colorado. If so you need to ask the question in a Colorado forum. If you mean county, they can hold you until the county with the warrant picks the person up - usually a couple of days.

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4 Answers | Asked in Criminal Law for Minnesota on
Q: Hello wondering if my probation officer has legal rights to extend my probation? My fines paid. Contacts me 2 month late

I have a violation for a medicine I was prescribed showing up as methamphetamine. I am prescribed adderall but I'm a veteran they give multiple brands of dextroamphetamine which is active ingredient in adderall. The VA has well documented uas when I went for PTSD therapy. So they know what... Read more »

William Bailey
William Bailey answered on Oct 5, 2020

More information would be needed to fully answer your question. You should contact an attorney and schedule a consultation to discuss your situation more fully.

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4 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Domestic assault no victim statement victim did not press charges
William Bailey
William Bailey answered on Oct 3, 2020

Once the police are called the victim is no longer in charge of whether charges are pressed. If you have been charged with a crime you need to contact an attorney right away.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: can someone be charged with a danco violation without an assault charge

my ex gf assaulted me back in march 2020 and was issued a danco. since then she has violated the order twice and has just been charged and found guilty of one violation of the danco but has not been charged with the assault yet or the other violation. so im just wondering how this all works. any... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 25, 2020

Of course. There does not need to an assault to charge out a DANCO violation.

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