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Minnesota Criminal Law Questions & Answers
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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1 Answer | Asked in Criminal Law for Minnesota on
Q: Arrested in Wisc on drug charges They took money Dropped charges as long as i Working with Minnesota's task Force

I need a letter to stop seizure of approx $14,000.00 was not drug money I can prove it. But I need this letter to stop it

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

You should ask this question in the Wisconsin forum. Forfeiture law will vary state to state.

3 Answers | Asked in Criminal Law for Minnesota on
Q: How many times can a prosecutor retry me after they get a hung jury in a 1st degree drug case

And what has to happen to prove malicious prosecution. Thanks and appreciate your time all this takes place in minnesota

William Bailey
William Bailey answered on Sep 10, 2020

They can continue to try you until a jury finds you guilty or not guilty. Doing so is not malicious prosecution. Malicious prosecution is difficult to prove. Worry about finding a way to win your trial.

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3 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: I had a jar, a glass pipe, and lighter and less than 1.5 grams of weed. I was smoking and a cop pulled up.

he just took the jar. I gave him my id and then he wrote what looks like my license number and my DOB down. and then he said we can go on our way. What do you think will happen? he was really nice about it but he says he was going to weigh it and then destroy it and that it looks like I would be... Read more »

William Bailey
William Bailey answered on Sep 9, 2020

Could be that nothing happens. Could be that you receive a citation for possession of marijuana in a motor vehicle. If convicted, you could lose your license. It would be wise to have a lawyer help you with this. Many of us offer free consultations.

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3 Answers | Asked in Criminal Law, Communications Law, Domestic Violence and Native American Law for Minnesota on
Q: Are charges possible 2 do on a incarcerated inmate with felony assaults,multiple domestics,terroristic threats&stalking?

The only contact was the inmates texter and phone calls. The inmate was told several times to stop calling and texting but has continued to do so with disrespectful remarks and unbelievable name calling along with telling other inmates that the person is a ratchet jail pass around then distributed... Read more »

William Bailey
William Bailey answered on Sep 1, 2020

It sounds like there is a possibility of charges for harassment, stalking, unwanted phone calls, etc. If you wanted to pursue charges the avenue would be to report it to police.

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is it possible to put charges/ofp on someone who is already in jail by what they've text you from their jail texter?

If the person is in jail on 3 felonies in relation to domestic assault, stalking, & terroristic threats with multiple prior convictions in relation to the same felonies they're in jail with now in 2 other states...

Can someone press some kind of charges/ofp on them just from what... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 1, 2020

An individual doesn't "put charges" on anyone. You can certainly report the matter to law enforcement. Whether this individual will be charged depends on whether there are any orders that prohibit contact such as a DANCO or an OFP. He could be charged if there are such orders... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Hi, I have been searching for criminal Bro Bono legal assistance for my son who has been in the Scott County Jail

He does have a public defender he’s not comfortable with,I keep running into road blocks,my question is how to find a pro bono criminal attorney.He has no income and is on Social Security disability but that ended when he got incarcerated.I just really need some direction!!

William Bailey
William Bailey answered on Aug 31, 2020

The pro bono option for criminal defense attorneys is the public defender's office. If you are not satisfied with the public defenders, you should hire a private attorney for him.

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3 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on
Q: What does this mean? F - 1 COURT/PENDING - 152.025.2 Drugs - 5th Degree Controlled Substance - Pos
William Bailey
William Bailey answered on Aug 31, 2020

It means you have been charged with a drug crime. Contact a lawyer directly for more specific advice.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I recently failed a carding compliance check at the gas station I work at.

Let me start by saying this is my first violation for anything like this.I asked the guy for his ID and he ignored and said this is it, I had a line and just wanted to have the transaction done with and not start an argument over his ID, so I just let it slide. (I know dumb on my part, but I just... Read more »

William Bailey
William Bailey answered on Aug 30, 2020

This is a criminal offense. You could face jail time, community service, probation, and fines and fees. A lawyer may be able to help you keep this off your record and minimize the consequences.

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2 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on
Q: The answers I am getting to my questions are not helping.

1000 words is not enough to go into major details on my situation. I've tried to be straight to the point and all answers are I get require me to respond and I cant respond to the original question. How can I get answers before sept 4th?

William Bailey
William Bailey answered on Aug 29, 2020

Contacting an attorney directly will get you far more information than this website.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: On a felony probation violation warrant can police enter my home? Assuming I don’t answer the door?
William Bailey
William Bailey answered on Aug 22, 2020

If they have a warrant they have significant leeway. But that’s not what you should be concerned about. You should have a lawyer help you fight the violation.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I was issued a petty misdemeanor for sending a text while driving, what are the odds this will be dropped? first offense

or if the officer doesnt appear in court will this be an automatic dismissal? could it result in my loosing my cdl license?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 17, 2020

It is unclear from you question whether you received the ticket while in a commercial vehicle or if you got it in your personal vehicle. If it was in your personal vehicle, there is some chance that the prosecutor may be willing to reach an agreement where it would remain off of your record. A... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: What are my options for being charged with misdemeanor theft?

My old boss fired me in March 2020 for using Rakuten (rewards website) to get points and coupons when ordering everything for the office. No money was ever taken from her directly. I was unaware that it was unlawful to use unused benefits. Now I have a court date for being charged with a... Read more »

William Bailey
William Bailey answered on Aug 13, 2020

Your best option is to contact a criminal defense attorney and have them assist you. I have handled these cases before and successfully avoided a criminal conviction. There are several options for doing so.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: If a drug dealer is arrested is it for an individual who bought drugs from that person be charged in a "conspiracy"

And If the investigating officer makes the decision to frame it in that manner, what legal requirements need to be met for the user to be alleged to be part of the conspiracy?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 10, 2020

I’m not sure I entirely understand the situation you’re raising. But typically the purchaser would not be charged in a conspiracy in such a circumstance. I’d suggest that you speak directly with an attorney for a consultation.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I have been falsely charged and a warrant issued against me in wisconsin, without even one shred of evidence.

l have fought for,and gained custody of my 4 yr old son,after his mother was killed in a tragic auto accident in Minnesota. Before she died,her other child's father,who l have never met,or even spoken to, filed completely fabricated misdemeanor charges against me,without even one shred of... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 9, 2020

Refusing to address the charge isn’t going to get you anywhere. A judge isn’t going to address the propriety of the charges so long as there is an active warrant for your arrest. You should retain an attorney and either turn yourself in on the warrant or post bail to get the legal process... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Are indictments the same as charges?

if I was charged with a crime but haven't gone to court yet, and I fill out an employment application that asks for convictions or indictments, do i need to list my charges?Example: charge - 5th degree assault or D.A., is that an indictment?

Anthony M. Avery
Anthony M. Avery answered on Aug 3, 2020

Indictments are indeed criminal charges in all 50 States.

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3 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: If you where ror and your conditions of release was 2 years probation. you miss your sentencing court what will happen

What will happen when you missed your sentencing court date and have failure to appear warrants but you where originally ror with conditions of release being 2 years probation. What will happen when you turn yourself in on the warrants and to what your conditions of release change for having the... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 3, 2020

You don't provide nearly enough information to intelligently answer what you might be facing when you are sentenced. There is no information here about what the charge was or what your criminal history is relative to your potential sentence. Courts have certainly been processing in custody... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: What would be the out come when my boyfriend goes and turns his self in for 3 warrants that are for failure to appear

They are for a DUI and a domestic and for violating a danco. He had missed his sentencing court date on 1/29/20 and the domestic and the violation would have been dropped that day as I had to talk to people because the judge was the one who was pressing the charges for the domestic as I did not... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 3, 2020

It's been six months since he missed court. The likelihood that the warrants would be dismissed under the circumstances without him at least having to turn himself in is non-existent. He would need to be held for an appearance before a judge so that conditions of release could be set. He... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Is there a law against throwing lit fireworks at someone?

Hello. A law enforcement officer told me that there is no law against throwing lit fireworks at someone or at their moving car. This, after running at them to do so. Is it legal to light fireworks and throw them at people and at cars in the State of Minnesota? If not, what specific law addresses... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 31, 2020

I'm not sure why a law enforcement officer would tell you that. But throwing a lit firework at a person would certainly be assaultive conduct and throwing one at a moving vehicle would be criminal damage to property if the vehicle was damaged as a result.

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Minnesota on
Q: Do private clubs have to follow the Governors new mandate on masks?

Meaning a Club that you need to be a member of in order to be there. Public would not be allowed to come in off the street. Members only

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 23, 2020

You don't provide enough information here to intelligently answer the question. What do you mean by "private clubs?"

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