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I am charged with theft by swindle, where the plaintiff alleges that I returned a fake necklace. The only evidence they have is a few pictures of me standing by the customer service desk. They lack any expert jeweler testimony, item, or receipts. Can these still shots be used as sufficient evidence... View More 
answered on Mar 4, 2025
The question touches upon two legal topics: evidence law and the elements of the crime claimed. A photograph can be evidence admitted into a trial, if properly authenticated, including testimony that it fairly represents what it is purported to depict, as well as being material and relevant to the... View More
I am concerned about an incident involving law enforcement and victims tied to a case. Law enforcement executed a search warrant at my home, and the sergeant in charge informed several victims related to the case, inviting them to the premises. One of these victims, who had previously threatened to... View More
answered on Mar 3, 2025
They absolutely shouldn't, but they do all the time. Inviting someone who threatened your life to show up during a search warrant at your home is not just reckless—it’s a complete failure of their duty to protect you. Unfortunately, this kind of behavior isn’t as rare as it should be,... View More
I provide professional mover/transportation services and was contacted via text to transport items. I had no idea the items were stolen. Law enforcement has contacted me, but I have not been charged yet. Can I still be charged with theft under these circumstances?
answered on Feb 27, 2025
A criminal statute must have an "intent element." The level of criminal intent varies in different criminal statutes, but some level of intent to do the prohibited act must be proven. For a person characterized by police as a "target," exposure to criminal liability might exist... View More
On February 15th, I was accused of assault by someone who has restraining orders against them from multiple parties and frequently calls the police. An officer came to my house to question me, but I wasn't home, so I later returned his call and left a voicemail. Eleven days later, he contacted... View More
answered on Feb 26, 2025
Even though you already left a voicemail, do not provide any further statements or explanations to law enforcement. Anything you say can and will be used against you. The officer may seem helpful or neutral, but their job is to investigate a crime—not necessarily to clear you. Instead, consult... View More
On February 15th, I was accused of assault by someone who has restraining orders against them from multiple parties and frequently calls the police. An officer came to my house to question me, but I wasn't home, so I later returned his call and left a voicemail. Eleven days later, he contacted... View More
answered on Feb 27, 2025
Get an attorney to represent you. Do not make further contact with law enforcement. Let the attorney handle things from here on out. Your attorney can handle any contact with law enforcement and also can provide any exculpatory evidence to the prosecutor.
On February 15th, I was accused of assault by someone who has restraining orders against them from multiple parties and frequently calls the police. An officer came to my house to question me, but I wasn't home, so I later returned his call and left a voicemail. Eleven days later, he contacted... View More
answered on Feb 27, 2025
1. Do not speak with police, at all. Decline any police contacts to speak. 2. Contact a criminal defense lawyer for some help. 3. It can help to try to preserve evidence that might be helpful, such as video of the accuser threatening people with knives.
I'm seeking legal assistance to rectify issues on my criminal record and explore expungement options for past convictions. In 2011, I was charged with a 5th-degree felony, and after a probation misunderstanding, my probation was reset in 2016 without new charges. My 2011 charge incorrectly... View More
answered on Feb 24, 2025
Let's start with the DWI. Did you plead guilty to the charge? If so, it is too late at this point to go back and challenge the conviction as violating the cooperation agreement. The time to do that was back in 2018, not seven years later in 2025. I'm confused as to why an extension of... View More
I was leaving a Kohl's store when I was suddenly confronted by 5-6 police officers who accused me of shoplifting. Although I was not shoplifting, they searched my pockets without my consent and found a small bag of drugs, leading to a 5th degree drug possession charge. I did not hear them read... View More
answered on Feb 23, 2025
Unfortunately yes, it is perfectly lawful and happens during any arrest. When you are arrested for any offense, police officers are permitted to do what's called a search incident to arrest. Whatever they find on you during the search incident to arrest is fair game for charging purposes. In... View More
I was leaving a Kohl's store when I was suddenly confronted by 5-6 police officers who accused me of shoplifting. Although I was not shoplifting, they searched my pockets without my consent and found a small bag of drugs, leading to a 5th degree drug possession charge. I did not hear them read... View More
answered on Feb 24, 2025
They do not need to read your rights unless they are going to perform custodial interrogation. The fact that they did not locate stolen good does not mean that you get a free pass on any other illegal items that you might have been in possession of. You should get an attorney on board who can... View More
I was leaving a Kohl's store when I was suddenly confronted by 5-6 police officers who accused me of shoplifting. Although I was not shoplifting, they searched my pockets without my consent and found a small bag of drugs, leading to a 5th degree drug possession charge. I did not hear them read... View More
answered on Feb 24, 2025
A defense lawyer will look at two separate stages of a police encounter: 1. Was evidence collected unlawfully, so that the defense can ask a judge to suppress the evidence? 2. Given the evidence that has survived any defense motions to suppress, does the evidence support probable cause for the... View More
I fell asleep in my vehicle on a public road, and during a welfare check, an officer immediately opened my car door without my consent and took my keys. He then observed a piece of cellophane from the outside, which did not contain anything, and put it back. While waiting for my information to be... View More
answered on Feb 21, 2025
A defense lawyer will need more facts, all available evidence and information, in order to make a determination about whether a good Fourth Amendment search & seizure issue exists. The only lawyer who will have access to that will be the lawyer representing you, or who will be. Given the... View More
I fell asleep in my vehicle on a public road, and during a welfare check, an officer immediately opened my car door without my consent and took my keys. He then observed a piece of cellophane from the outside, which did not contain anything, and put it back. While waiting for my information to be... View More
answered on Feb 21, 2025
You need an attorney who can review all the information, not just your recitation, about what occurred to advise you whether the search was valid or not. It is unclear from the question what you are charged with, buy you need an attorney on board if you are going to challenge that search that... View More
I had a verbal confrontation with an employee at an establishment and was asked to leave, which I did. While returning to my car in the parking lot, police officers approached me, informing me that I was being trespassed from the property. I requested the badge numbers and names of all the... View More
answered on Feb 16, 2025
Would it be lawful for a police officer to arrest a person simply for requesting their badge number and identification in Minnesota? No, because a lawful arrest would require either an arrest warrant or sufficient "arrest probable cause" of criminal activity. A related question might be:... View More
answered on Feb 11, 2025
Dropping a no contact order is not up to the alleged victim. It is a decision that is up to the Court. But the alleged victim can certainly contact the Court and request that the no contact order be dropped. A copy of that request would need to go to the prosecutor as well as the defense... View More
I'm fighting a case for 5th degree, I requested a speedy trial, day of speedy trial, DA amended charges to a 3rd degree, which my p.d. request that we withdrawn speedy request so we would be able to have the evidence (drugs) tested due to DA amending the charge at last minute. So we... View More
answered on Jan 21, 2025
It should be possible to get a lab to retest a substance the state claims to be illegal drugs, either at the same lab or a different one. The Defendant might be required to pay for that, unless a judge were to order otherwise. Retesting would take time to complete, either way. The defense... View More
This man also harassed her when she married and moved to California in the years following up to 2014. The initial occasions of assaults at age 15/16 definitely qualify for 1st degree… I understand this would depend on the police and prosecutor but she doesn’t want to put herself through the... View More
answered on Jan 14, 2025
Individuals don't "file" charges. The decision to charge comes from the prosecuting attorney in the county where the offense occurred. The allegations can be reported to law enforcement. The allegations would be investigated and a determination would be made by the prosecuting... View More
My ex husband has an HRO against me. He has been withholding my children and wrongfully denying me my parenting time for two and half months which is in violation of our court order. I submitted a motion for parenting time assistance to family court to ask them to enforce our current court order. I... View More
answered on Dec 31, 2024
Best practice for a person with a Harassment Restraining Order prohibiting contact with anothe rperson would be to avoid contact, whether direct or indirect. In practice, such a person may end up in the same courtroom during or waiting for a court hearing, for example. And that would not be... View More
Misdemeanor probation for disorderly conduct. And I’m trying to contact probation officer but she is on vacation. I seeked treatment immediately after I was released from jail
answered on Jan 21, 2025
Picking up a new criminal charge of DWI while on probation for misdemeanor Disorderly Conduct could be a violation of conditions of the stayed sentence. But entering and completing chemical health treatment would be viewed as a mitigating factor. Keeping to Probation Officer informed is a good... View More
Two test said I failed I called Intoxalock and they said I was fine. But at my last calibration I got a lockout work order for inspection? I’m just scared and not to do that again. Please help.
answered on Dec 26, 2024
Probation would only be notified if you signed a release of information allowing Intoxalock to provide information to probation. You should make sure to read the entirety of the handbook that Intoxalock provides regarding what substances will cause a failure. It is unlikely that probation will... View More
I have been fighting a 5th degree, DA amended charge to a 3rd degree the day of my jury selection for my speedy trial. Can they do that? The DA knew the weight from jump.(10.447g) and even told my p.d. that "she's lucky I'm only charging her with a 5th degree not a 3rd degree".... View More
answered on Dec 23, 2024
Under the Minnesota Rules of Criminal Procedure, the state may add new charges to a complaint if the case is in pretrial proceedings. Minn. R. Crim. P. 3.04, subd. 2. The state may also amend a complaint "at any time before verdict or finding if no additional or different offense is charged... View More
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