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Minnesota Criminal Law Questions & Answers
3 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: What do I do if I receive a court notice without additional information?

I received a notice in the mail for a mandatory court hearing in a criminal/traffic case, but I haven't received any ticket or additional information by mail or in person. The notice doesn't provide much detail, and I can't find a way to look up the court file number. What should I... View More

Sarah Gad
Sarah Gad
answered on Nov 7, 2025

Go to https://publicaccess.courts.state.mn.us/CaseSearch

and enter the citation number.

If nothing comes up, call the court listed on your notice as soon as possible to confirm your court date. Sometimes the paperwork just hasn’t been processed yet - but you definitely don’t...
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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Can I write an affidavit to confess ownership of drugs found in my car?

A few nights ago, my girlfriend was the designated driver, but I inadvertently left a small bag of Molly in the driver's side pocket when I drove earlier. The car is registered under my name and my father's, but my girlfriend was unaware of the drugs. We were pulled over after not pulling... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 4, 2025

Of course a person can submit a written confession of guilt. But, keep in mind that two or more people can be guilty of criminal possession of illegal drugs. Just because one person, out of the two or more people (a "conspiracy"), admits guilt, will not help the rest who are accused.... View More

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2 Answers | Asked in Criminal Law and Civil Litigation for Minnesota on
Q: What are the consequences for first-time minor theft in Minnesota?

What potential consequences might I face for a first-time minor theft offense at Walmart, involving items worth less than $200, in Minnesota? I was detained and informed I need to wait for my court date.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 1, 2025

Consider the Minnesota Rules of Evidence, Rule 609 (a). Impeachment by Evidence of Conviction of Crime

which allows a lawyer to attack the credibility of a witness with evidence that the witness has been convicted of a crime if the crime involved dishonesty or false statement, regardless of...
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3 Answers | Asked in Criminal Law and Personal Injury for Minnesota on
Q: Can I be charged for a bar fight where no police report was filed?

A few months ago, I got into a bar fight in Minnesota. The other person involved has reached out to my mother, asking me to cover their medical bills and missed wages. No police report was filed, but the other person went to the hospital after the incident, and I haven't received any legal... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 28, 2025

Yes, a person involved in a bar fight a few months ago could go to the police to report a potential crime. And it's possible the police could then investigate, and a prosecutor could possibly then decide to file criminal charges against the other party. It's possible. Most misdemeanor... View More

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3 Answers | Asked in Criminal Law and Personal Injury for Minnesota on
Q: Can I be charged for a bar fight where no police report was filed?

A few months ago, I got into a bar fight in Minnesota. The other person involved has reached out to my mother, asking me to cover their medical bills and missed wages. No police report was filed, but the other person went to the hospital after the incident, and I haven't received any legal... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 29, 2025

Individuals do not "press" charges. Instead, they report the allegations to law enforcement. Police investigate the allegations and typically will send the police reports to a prosecutor for a charging decision. It seems unlikely that a case would be charged out particularly if the... View More

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: Can I carry a firearm again after dismissed charges in MN?

I had a firearm permit that was revoked when secondary assault charges were brought against me on February 28, 2023. My firearm was taken on February 14, 2023. The charges have been dismissed as of October 9, 2025. I haven't received any communication from law enforcement about my firearm. Is... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 28, 2025

Let's take each of the two questions, one at a time. First, if police seize a defendant's firearm related to a criminal charge, and that criminal charge is later dismissed, that defendant generally should be able to get their firearm back from police. It could be as simple as contacting... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Employment Law for Minnesota on
Q: Can a DWI charge be challenged if not driving and only marijuana detected?

I was sleeping in a Jeep in a friend's driveway when police were called. I got out and walked around while answering their questions. They arrested me, suspecting I was under the influence of methamphetamine while driving, although there were no keys in the vehicle or on me at the time. I... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 22, 2025

Yes, a DWI charge can and should be challenged. One type of defense can focus on a lack of evidence that the defendant was "driving, operating or in physical control" of a motor vehicle. Many people have been convicted of DWI for merely sleeping in their vehicle while impaired by... View More

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3 Answers | Asked in Criminal Law and Employment Law for Minnesota on
Q: Will a petty theft citation affect my record permanently?

I recently received a citation for petty theft, and it's my first offense. I've received a court date, and I'm concerned about whether paying the fine will result in a permanent record of this offense. What should I be aware of in terms of how this will impact my record in Minnesota,... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Oct 22, 2025

It's best to make the best available choices available at the time. So, "Plan A" should be to avoid being "convicted." A record of "conviction" is what causes at least 99% of the problems related to a criminal charge. There are more than one criminal case... View More

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3 Answers | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: What steps to resolve a juvenile felony warrant from Minnesota while living in Oregon?

I was arrested in Oregon for a felony warrant from Minnesota. After a brief time in jail, I was released. Since then, I've been in contact with local law enforcement in Oregon, who informed me that the warrant wouldn't affect me here. The warrant is related to a juvenile case, but... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 17, 2025

If an arrest warrant will not be enforced, at least in the foreign jurisdiction where the subject is currently located, then some may choose to wait. But the subject could investigate to find out more about it from the warrants office of the Sheriff in the originating county and state, and-or from... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Is shining a flashlight on someone without consent assault?

Is it considered assault if I hypothetically shine a flashlight on someone at night in a public space without consent, even if there's no threatening behavior or intent on my part, and the individual reports feeling threatened or unsafe afterward?

Sarah Gad
Sarah Gad
answered on Sep 15, 2025

Not usually, at least not what you are hypothetically describing. Assault requires either causing bodily harm or intentionally doing something to make another person reasonably fear immediate harm. Simply shining a flashlight on someone in a public place, without threats or aggressive behavior,... View More

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: Is carrying a gun into a "no gun" zone in MN considered trespassing?

Hypothetically, if someone knowingly carries a firearm into a restaurant or private business in Minnesota that has visible "no gun" signs at all entrances, would this be considered trespassing if the firearm is discovered through non-threatening printing or not discovered at all?

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 11, 2025

Minnesota Statutes Sec. 609.605 is the general trespassing statute. Check it out for details. The core concept is that if a person is asked to leave but doesn't, enters a real property after being asked not to, or despite a posted notice "no trespassing" then the person is... View More

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2 Answers | Asked in Criminal Law, Domestic Violence and Civil Rights for Minnesota on
Q: Can police question children without a parent if no crime occurred?

Can the police legally question my children, ages 13 and 10, after I passed a DUI stop with a breathalyzer result of .02? They questioned the children without a parent present and had them unlock the center console, where they found an open bottle and an open package, even though it was initially... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 31, 2025

A defense attorney would look at all available evidence, videos, police reports, client information, to evaluate whether a police stop was unlawful, and whether at some point the expansion of the police seizure became unlawful. If so, evidence stemming from the unlawful stop or expansion should be... View More

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2 Answers | Asked in Civil Rights, Criminal Law and Health Care Law for Minnesota on
Q: Was it legal to sedate me without consent after a police chase in MN?

I was a passenger in a car involved in a police chase in Isanti County. After the car caught fire, we left the vehicle and waited for the police. When the police arrived, they handcuffed me, called EMS, and took me to the hospital. Upon arriving at the hospital, I was sedated without given any... View More

Sarah Gad
Sarah Gad
answered on Aug 28, 2025

Generally, people have the right to refuse medical treatment, and sedation without consent is supposed to be limited to emergencies where there’s an immediate risk. Under Minnesota law (Minn. Stat. Ch. 253B), a person can usually only be restrained or treated without consent if they are deemed a... View More

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Missed court date due to treatment; have a warrant issued in criminal case. What can I do?

I missed a court date because my Radius Health team forgot to take me, and I was in treatment at the time. I have a warrant issued against me related to a criminal case. My lawyer mentioned they can't have the warrant quashed. What steps can I take to address this situation?

Sarah Gad
Sarah Gad
answered on Aug 28, 2025

If you missed court because you were in treatment, it actually sounds like you have solid grounds for getting the warrant quashed. Courts generally want to see that people are taking their obligations seriously, and being in a verified treatment program is a strong explanation for why you weren’t... View More

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3 Answers | Asked in Criminal Law and Personal Injury for Minnesota on
Q: What to expect for first citation: 5th-degree assault and disorderly conduct in MN?

I received my first ever citation for 5th-degree assault for inflicting or attempting bodily harm and disorderly conduct after a verbal dispute escalated into physical contact. The other party reported mild chest pain from a push I gave them. There were witnesses, and I have 30 days to pay the... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 21, 2025

The first question to ask is: "Do I want to have a 'conviction' for the charged offense(s) on my public court record?" Most will answer that question "no." But unless a person facing a pending criminal charge fights back, conviction is the likely outcome. Because an... View More

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3 Answers | Asked in Criminal Law and Personal Injury for Minnesota on
Q: What to expect for first citation: 5th-degree assault and disorderly conduct in MN?

I received my first ever citation for 5th-degree assault for inflicting or attempting bodily harm and disorderly conduct after a verbal dispute escalated into physical contact. The other party reported mild chest pain from a push I gave them. There were witnesses, and I have 30 days to pay the... View More

Sarah Gad
Sarah Gad
answered on Aug 21, 2025

Since you’re charged with 5th-degree assault and disorderly conduct in Minnesota, it’s not likely to be as simple as just paying a ticket like a speeding citation. Assault is a misdemeanor criminal offense, which usually requires a court appearance.

Most often, the court will schedule a...
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2 Answers | Asked in Constitutional Law and Criminal Law for Minnesota on
Q: Is it legal to use tear gas to defend someone else in MN?

I'm curious about a situation in Minnesota under Sec. 624.731 MN Statutes, which states "Self defense only" for tear gas compounds. If someone else is attacked with a knife and I use tear gas to defend them, would it be legal, or does "self defense" mean I cannot defend someone else?

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 20, 2025

A Minnesota self-defense statute, Minnesota Statutes section 609.06, subdivision 1(3), authorizes the use of “reasonable force” against another while “resisting or aiding another to resist an offense against the person.” This reflects the common understanding that the legal defense to a... View More

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2 Answers | Asked in Car Accidents, Criminal Law and Personal Injury for Minnesota on
Q: What does "Duty to Drive with Due Care" mean after an accident in Minnesota?

I was involved in an accident in Minnesota where I was hit from the back after changing lanes with my signal on. I have never been charged with any offense by law enforcement before this incident. I have a witness who was in the car with me. What does it mean if I am charged with "Duty to... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 4, 2025

§Subdivision 1.Duty to drive with due care. No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions. Every driver is responsible for becoming and remaining aware of the actual and potential hazards then existing on the highway and must... View More

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2 Answers | Asked in Car Accidents, Criminal Law and Personal Injury for Minnesota on
Q: What does "Duty to Drive with Due Care" mean after an accident in Minnesota?

I was involved in an accident in Minnesota where I was hit from the back after changing lanes with my signal on. I have never been charged with any offense by law enforcement before this incident. I have a witness who was in the car with me. What does it mean if I am charged with "Duty to... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 4, 2025

If a driver in Minnesota is involved in a car accident, a police officer sometimes will issue the driver a ticket (citation) for a traffic violation. Most are "petty misdemeanors." But a petty misdemeanor driving violation can become a misdemeanor if the police officer checks a box on... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: How to drop 5th-degree domestic assault charges in MN?

I was charged with fifth-degree domestic assault in Minnesota, but there were no witnesses present during the incident, and I was also physically assaulted. How can I get these charges dropped? There was no complaint filed by the other party, and a no-contact order is currently in place. I have not... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 29, 2025

Every case is different with different evidence and legal issues. Some assault cases may involve the legal defense of self-defense. Most assault cases I see are based on the accusation of a single person, with few if any pretrial evidentiary issues; but many contested facts and issues for a jury... View More

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