Thomas C Gallagher's answer As far as trying to get the Judge to drop the no contact conditions and DANCO, with consistent effort you may be able to accomplish that. For a longer discussion of how, you may be interested in reading my blog article: How to Get Rid of a Domestic Abuse No Contact Order in Minnesota https://wp.me/pAFjr-7v . If he was found mentally ill it's possible the criminal charge may be dismissed (i.e., misdemeanor) or postponed until he regain competence after treatment. It would make sense in that...
Thomas C Gallagher's answer If it's a question about a Missouri case, you could post the question under the appropriate Missouri category so that a Missouri lawyer will see it, and perhaps answer it for you. In case you weren't aware, this was posted in Minnesota, the wrong state for the question.
Thomas C Gallagher's answer If it's a Missouri case then it will be handled in Missouri courts under Missouri laws with Missouri lawyers and court officials. A Minnesota lawyer would not be in a good position to answer this question. If you have a lawyer already, that would be the first place to go for answers. If you do post a question here, try it for Missouri lawyers. It doesn't matter where you live, only where it happened.
Luke Neuville's answer Two types of misdemeanor domestic assault: intent to cause fear of immediate bodily harm and intentionally causing bodily harm. You and your wife will most likely need separate attorneys but as the defendant it is much more important for you to retain an attorney.
Thomas C Gallagher's answer In Minnesota criminal fines are set at a given dollar amount level, and then a legislative surcharge is added by the court automatically due to a Minnesota Statute. The judge can waive it. A prosecutor can make a plea agreement with a defendant where the legislative surcharge is waived. Then a judge could accept or not accept the plea agreement. (Normally judges do accept them.) At this point you could call the City Attorney and ask him to fix it. Alternatively, you could make a motion to...
Thomas C Gallagher's answer A person in prison has an arrest warrant somewhere? That person could retain a private lawyer or ask their public defender to try to work out a settlement agreement of the pending charge with the prosecutor, and ask a judge in that county to issue a transport Order or Writ, to get the person transported from whatever DOC facility they are in, to the relevant court. Once that is accomplished, the warrant will be gone.
Thomas C Gallagher's answer It's possible. Generally the prosecutor can request an arrest warrant go interstate. Generally they do in felony cases, and they can in misdemeanor cases. Probably the key issue for them is cost. If a fugitive is caught outside the home-state of the court with the criminal case, the other state's police will hold the fugitive and notify the prosecutor with the warrant. Then that prosecutor can decide whether or not to begin transport procedures. The transport of the fugitive will cost...
Thomas C Gallagher's answer A misdemeanor domestic assault conviction causes a federal law gun rights disability under current law. The Minnesota Disorderly Conduct statute (609.72) includes three different provisions. One of those is "engages in brawling or fighting." I am aware of cases where police have used a disorderly conduct conviction to deny firearm purchase permits where it was unclear which of the three provisions were the basis for the conviction, and where the initial but dismissed charge had been domestic...
Jonathan Matthew Holson's answer It also depends on what they are claiming you took and the dollar value. But ultimately, the government has to show that you intentionally left the store without paying for the item vs. simply forgetting that you had it an accidentally leaving with it.
They generally do not give you the option of paying after you have passed the last point of sale.
Jonathan Matthew Holson's answer No. In order to arrest you, police would need probable cause to believe that you had committed a crime. In the context of a DWI, police would need evidence that you had driven, operated or been in physical control over a motor vehicle while you were under the influence of alcohol or another controlled substance.
Jonathan Matthew Holson's answer I'm not sure what OAR 4+ times means. A DWI test refusal and the punishment is dependent upon how many DWIs you might have. There is no mandatory minimum on a first time test refusal (if you do not have prior DWIs). The mandatory minimum if you have a priors within 10 years is as follows:
one prior - 30 days with 2 days in jail / 28 days of electronic house arrest
two priors - 90 days with 30 days in jail / 60 days of electronic house arrest
Joseph A. Gangi's answer If you co-signed, then you are likely responsible just as equally as your so-called friend. Your options may include refinancing, forbearance, taking out another loan to pay this back, borrowing money to pay it off, etc. You will find many resources, blog posts, AG articles, and the like addressing this topic.
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