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Minnesota Questions & Answers
1 Answer | Asked in Immigration Law and Criminal Law for Minnesota on
Q: can a person be deported if they were born in other country and adopted by US citizens as a baby?

my friend has lived in the US pretty much his entire life. He was adopted by two US citizens when he was a baby and they brought him to the US as a baby. Hes had a few rough years and was convicted of some drug related stuff. He was contacted by immigration and they are trying to deport him. His... Read more »

Sarah Gad
Sarah Gad
answered on Feb 1, 2023

This might seem odd, but the answer really boils down to one question: did your friend turn 18 before or after February 28, 2001 at 12:00 a.m.? If your friend turned 18 after this February 28, 2001 cut-off, (or was born after February 28, 1978 at 12:00 a.m.) he should be able to acquire citizenship... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: what are the trog factors a judge considers in minnesota for a defendant requesting a downward dispositional departure?

3rd degree murder charge but defendants score is very low, hardly no criminal history except minor drug possession and a petty theft.

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 31, 2023

Take a look at the grounds for downward dispositional departure (from presumptive sentence) listed in this year's version of the Minnesota Sentencing Guidelines (available free on their website). These include a requirement that a defendant be “particularly” amenable to probation, to... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: i was pulled over because of an anonymous tip.

the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... Read more »

Sarah Gad
Sarah Gad
answered on Jan 28, 2023

Generally speaking, if a police officer has probable cause to believe that a car has drugs or other contraband, then they are permitted to stop the driver of that car and search it without a warrant. This means that they can temporarily detain you and bring in K9 dogs, etc. while they search... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: What are the proper steps/rules for collecting video evidence and where does the chain of command begin?

A friend of mine is being charged for breaking into a storage facility after hours on camera. The video being used against him is known to have been collected by at least 2 different employees and transferred to a flash drive which investigators didn't pick up for 3 weeks. The prosecution only... Read more »

Sarah Gad
Sarah Gad
answered on Jan 28, 2023

The chain of custody typically starts once information is handed off from store employees to law enforcement. However, the chain of custody can include store employees who are either store detectives or security, or some type of asset protection specialist. Most major retailers have their own... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: What is required in a foundation to authenticate video evidence at trial?

Defendant is claimed to be on video breaking into storage units. The video evidence was collected and burnt onto a flashdrive by 2 of the facilities employees. Employee A saw the video for the first time and is the one who reported it to police, Employee B. Physically collected and burned the video... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

The typical foundation question for a video is: does this video recording “fairly and accurately depict” the area being recorded on __ date.

The sponsoring witness must be someone familiar with the area being recorded on __ date.

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can you have evidence suppressed at the time of trial in Minnesota

The public defender on this case is completely useless, he waived the omnibus hearing and probable cause hearing, jury trial is only a week away now and I need to know if video evidence can be suppressed at the time of trial if the authenticity can't be verified by the prosecution?

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 27, 2023

The defense could challenge the authenticity of a video (is it what the proponent says it is) just before the trial starts, in a "motion in limine" or as an objection to it's admission into evidence during the trial. It would be helpful to have some evidentiary basis for doing so,... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Is the prosecution required to provide at trial every person with access to video footage evidence?

My friend is being charged with breaking into a storage facility on camera. Not only did it take 3 weeks for the police to be given this video but there's proof that an individual not listed on the witness list was in control of the video prior to police getting a copy. Is the prosecution... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 27, 2023

In Minnesota courts, the prosecution would not be required to call as a witness for examination at trial every person with access to video footage evidence. However, the defense could potentially subpoena those witnesses, to come testify. (Though that does not mean this would necessarily be a... Read more »

1 Answer | Asked in Immigration Law for Minnesota on
Q: Form I-130 is approved. Can my sister and her 2 boys (19 years old) come to the US and wait for the approval Form I-485?

I have filed Form I-130 for my sister (and her 2 boys) to come from Argentina. I received the approval from USCIS. Can she and her boys come to the US and wait here while we get her I-485 approved?

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 26, 2023

By filing the i130, they have demonstrated that they have immigrant intent. This would conflict with traveling her on a tourist visa which is only for non immigrant intent.

2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Permit to carry while living in a school zone. How may I exit my property without breaking the law?

The area around my house is within the "1000 Feet" outline in Federal law. Other than being in a vehicle, what exceptions can be made for me exiting my property with a firearm without breaking this law?

Sarah Gad
Sarah Gad
answered on Jan 23, 2023

That is an excellent question.

The Federal law that you speak of (18 U.S.C. §§922(q); 921(a)(25)) does indeed prohibit possession of a firearm that is within 1,000 feet of a public or public school, but it does NOT apply to possession of a firearm on private property that is NOT part of...
Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: If I bonded out how long does it take the governor's to talk about extradition?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 23, 2023

There is a maximum of 90 days after the initial appearance on the extradition for the governor's warrant to be signed.

1 Answer | Asked in Civil Rights and Immigration Law for Minnesota on
Q: Proper course of action.

Our son crossed the US border in Mexicali (October 2022). His court appearance in Fort Snelling is scheduled for February 2024. He was a beneficiary of I-130 filed in 2013; however, he doesn’t have 1-90 and we cannot apply for adjustment of status. He cannot apply neither for driver’s license... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

First, your son should make sure that he keeps the immigration court updated on his address, as court dates can be changed, and the court notifies respondents of the change in court date by mailing hearing notices. If he fails to attend a scheduled court hearing, he will be ordered deported.... Read more »

3 Answers | Asked in Criminal Law, Health Care Law and Identity Theft for Minnesota on
Q: Charges for Using Discarded Medical Info for ID Theft

This is a weird one. What charges could someone face for using medical (biohazard) trash/waste to obtain info for Identity Theft?

Sarah Gad
Sarah Gad
answered on Jan 21, 2023

Tampering with medical/biohazard waste can engender both civil and criminal penalties, but the penalties vary substantially depending on the context, who the offender was (i.e., a medical employee, company), where it took place, and what the violation was. There are, however, various Federal... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: After a motion to dismiss is denied & an order is entered specifying facts on the wrong date of an offense can I object?

The finding of facts is dated incorrectly for the offense's commission. What can I do as defendant?

Sarah Gad
Sarah Gad
answered on Jan 11, 2023

Provided that the wrong date listed is a clerical error, you (or your attorney) can certainly bring the error to the Court's attention and ask that they correct it. You can do so by filing a motion to correct the clerical error; in doing so, be sure to identify the page numbers and... Read more »

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1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: Does State Patrol have training material that states heat bumps on the back of someone's tongue indicate drug use?

If so is this recently recognized by the scientific community as factual information?

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 11, 2023

To my knowledge, the answer is "no." The National Highway Traffic Safety Administration (NHTSA) is a federal agency providing support and funding to local law enforcement agencies, as well as funding and collecting scientific research. NHTSA's two similar programs for law... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury and Small Claims for Minnesota on
Q: My ps4 has been stolen, what would be the charge for this if I did decide to press charges/report it.

I know who did and I have their information they just won’t give it back. Would this situation be taken seriously by the cops or am I just wasting my time reporting it? All I really want is my stuff back I’m not even interested in pressing charges

Sarah Gad
Sarah Gad
answered on Jan 9, 2023

As frustrating is it is to have your property taken without your consent, filing a police report and subjecting the person to criminal prosecution is a somewhat of a drastic measure. You might want to ask yourself if it is worth it to do so, or if there are other measures you can take to have your... Read more »

4 Answers | Asked in Immigration Law and Criminal Law for Minnesota on
Q: can someone be deported if they are convicted of shoplifting? the person has no other convictions.

the person was charged with shoplifting about $60 of merchandise at Walmart. they have not been convicted yet but they are worried it will affect their green card.

Sarah Gad
Sarah Gad
answered on Jan 9, 2023

It is highly unlikely that the person will be deported under the circumstances you described. In the world of immigration law, shoplifting and other crimes of dishonesty are called "crimes involving moral turpitude" (CIMT). A conviction for a CIMT can indeed affect a person's... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: What if the suspect just keeps repeatedly saying they do not understand their rights or the charges against them?

What happens if the defendant continously says they do not understand their rights or the charges throughout an arrest, detainment, interrogation, court appearance? How does the court proceed if the defendant refuses to even acknowledge any understanding of what is happening?

Sarah Gad
Sarah Gad
answered on Jan 8, 2023

Generally speaking, a defendant cannot be required to stand trial if they are not mentally competent or fit to do so. Competency in the legal sense requires, at minimum, that a person be able to understand the nature of the proceedings against them and play a role in their own defense. In a 1975... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Can the court order a relationship to dissolve if they are unmarried?

Can the court order a relationship between two people to end? I was involved in a domestic assault call at my house where my spouse was arrested and charged. I did not wish for a no contact order to be put in place. The terms are "no unwanted contact" meaning I can rescind my invitation... Read more »

Sarah Gad
Sarah Gad
answered on Jan 7, 2023

Yes, you can rescind a no-contact order if both parties consent to future contact. To drop it, would need to go back to the court that issued the no-contact order and file a motion to dismiss the order. The motion should include an explanation about why you want to drop the restraining order.... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Can drug court do this

Someone in jail gets on drug court for the first time and is being told she must sit in jail for a bed gut the individual in jail never signed up for a bed or anything like that she has been in jail 38 days they are trying to send her to inpatient treatment after her attorney said she should get... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 5, 2023

The description seems to state that there may be two problems preventing someone from getting out of jail: 1) the "home" county judge's order that she be released to inpatient treatment but those arrangements have not yet been made; and 2) a warrant or hold from another county,... Read more »

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1 Answer | Asked in Traffic Tickets and Car Accidents for Minnesota on
Q: Should I fight my rear end or plea no contest and hope for reduced sentencing?

I rear ended someone while I was looking in the mirrors. I was in stop and go traffic so I wasn't speeding. When the police officer arrived much later in my shock I spouted some nonsense on what happened on my distance. I was cited with "duty to drive with due care" rather than... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 4, 2023

It's personal decision. I would fight every traffic charge in an effort to either avoid a conviction being certified to the driver's license record. And having a clean record for the past 3-5 years will help in that effort. Also, any time a person is involved in a traffic collusion,... Read more »

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