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Minnesota Criminal Law Questions & Answers
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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3 Answers | Asked in Criminal Law for Minnesota on
Q: I don't think my court appointed attorney is defending me as well as he could/should be. How do I ask for a new one?

My public defender does not communicate with me and refuses to anything I request him to do. I have to request multiple times and then if he feels like it he explains it's too late to do what I request or he just doesn't acknowledge my request.

James L. Arrasmith
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answered on Dec 25, 2023

If you feel that your court-appointed attorney is not adequately representing you and there is a breakdown in communication, you have the right to address this issue. Here's what you can do:

Document Everything: Keep a record of all interactions with your attorney, including dates,...
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3 Answers | Asked in Criminal Law for Minnesota on
Q: I don't think my court appointed attorney is defending me as well as he could/should be. How do I ask for a new one?

My public defender does not communicate with me and refuses to anything I request him to do. I have to request multiple times and then if he feels like it he explains it's too late to do what I request or he just doesn't acknowledge my request.

Sarah Gad
Sarah Gad
answered on Dec 23, 2023

I am sorry to hear that your public defender is not responsive to you. The Sixth Amendment guarantees every person charged with a crime competent legal counsel, so if your lawyer is not answering your questions or providing you with information about your case, then they might be violating your... View More

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I don't think my court appointed attorney is defending me as well as he could/should be. How do I ask for a new one?

My public defender does not communicate with me and refuses to anything I request him to do. I have to request multiple times and then if he feels like it he explains it's too late to do what I request or he just doesn't acknowledge my request.

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 23, 2023

A client of a Public Defender who wants a different public defender, may be told that they do not have a right to choose their public defender, though they do have the right to choose their private attorney. But, sometimes the Public Defender's Office will provide a replacement. This could... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My husband has 2 criminal cases in another state that he reports for about monthly for the past 11 months.

The cases have not gone to trial yet. He has received discovery for at least one of the cases. He is on bond for each case, and they each involve felony charges.

Now in our home state he recently had an incident that caused him to have felonies charged.

He is now on bond here after... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 15, 2023

The description is not completely clear. If a person is on pre-trial release on two criminal cases in another state, and then gets a new criminal charge in Minnesota, it seems highly unlikely that the out-of-state court(s) will not eventually find out about the newer Minnesota criminal case. As a... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: My husband has 2 criminal cases in another state that he reports for about monthly for the past 11 months.

The cases have not gone to trial yet. He has received discovery for at least one of the cases. He is on bond for each case, and they each involve felony charges.

Now in our home state he recently had an incident that caused him to have felonies charged.

He is now on bond here after... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 15, 2023

No, there is not going to be a way to attend the other hearings and keep them secret. First, the fact that he is charged in another state is already public information. Second, he is going to have to ask for time away from the ankle monitor to attend those out-of-state hearings, and the home... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I’m going to represent myself in a petty theft case today. My plans to just plead guilty. Anything I should say or do?

Any advice on how to go about this? I’ve never represented myself before and would like anybody’s opinion ASAP please

Sarah Gad
Sarah Gad
answered on Nov 28, 2023

Based on the facts that you provided (that you are a 1-time offender charged with a petty misdemeanor) you won't face jail time. You can just state you plead guilty to take accountability for your, establish a factual basis for the guilty plea (explain to the judge why you what happened and... View More

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