Get free answers to your legal questions from lawyers in your area.
answered on Oct 9, 2024
That would depend upon things not stated in the question. For example, if the judge's Pretrial Release Order provides for Conditional Release, and one of the conditions is "no use of alcohol or non-prescribed drugs" or similar, then smoking cannabis would violate that condition.... View More
I have a feeling that my current PD is the reason I got picked up on a really old warrant back from 2021. I say this because before I told him about it I never got arrested for it I’ve had multiple interactions with police and was even released from jail with this warrant. I only found out about... View More
answered on Oct 9, 2024
Yes, public defenders are really on your side. You public defender most certainly DID NOT notify law enforcement that you had a warrant. Who knows why the warrant showed up this time, but I am confident that your public defender didn't have anything to do with it. They aren't going to... View More
I have a feeling that my current PD is the reason I got picked up on a really old warrant back from 2021. I say this because before I told him about it I never got arrested for it I’ve had multiple interactions with police and was even released from jail with this warrant. I only found out about... View More
answered on Oct 9, 2024
Public Defenders are really on the defendant's side. Loyalty to the client is the first rule of Professional Responsibility. Lawyers are not required to report on clients with a warrant. Rather than focus too much on how an old warrant was executed and cleared by arrest, I'd shift... View More
answered on Oct 1, 2024
Did not know they were committing a what? Law enforcement needs reasonable articulable suspicion to pull someone over. They would then need probable cause to place that individual under arrest and probable cause to get a warrant to seize their blood or urine. Get an attorney on board to review... View More
answered on Oct 1, 2024
Police are required to have "reasonable, articulable suspicion of criminal activity" or an observed violation of law to justify a traffic stop. If police are "profiling" in a way that lacks that justification, then the stop could be ruled illegal by a judge. If a defendant... View More
I was recently arrested for a warrant that was issued in May of 2021. Since then Ive had multiple interactions with police and even have been released from jail with it. It was for felony theft of $1000-$5000 in MN. They tried to mail me a citation back in May of 2021 but the mail was returned and... View More
answered on Oct 1, 2024
In criminal cases, the prosecutor must file a charging document (Complaint, Indictment, etc.) before the applicable Statute of Limitations period expires. The date the defendant learned of the criminal charge is not relevant to a Statute of Limitations issue. There may sometimes be, however,... View More
After court proceedings were over I noticed that the DANCO ordered that I can not trespass to my own home. This was not brought up in court. I have a disabled child that needs to be home and court is still weeks away. I called everywhere with no answers. The pub def said she’d work on it but has... View More
answered on Sep 25, 2024
No, you cannot just show up to court and talk to the judge. There is a process that this would need to go through to modify the DANCO to allow you to go home. Modification would require a formal motion that would be served on the prosecutor and might also require an actual court hearing. Until... View More
answered on Sep 25, 2024
Yes, it is possible to apply for an H-1B visa or an EB-2 National Interest Waiver (NIW) while having a pending asylum case or Temporary Protected Status (TPS). However, there are important considerations to bear in mind:
1. H-1B Visa:
• Maintaining Status: In order to apply for an... View More
It looks like I can pay the fine and no court date is needed.
answered on Sep 20, 2024
Normally forever. Exception: expungement possibility. But if the defendant instead sets up a court date and gets a prosecutor to agree to an outcome that will eventually avoid a conviction (Continuance for Dismissal, or Stay of Adjudication), then upon successful completion of the period of the... View More
Driver box is checked but it looks like I can just pay a $180 fine? I'm so confused, I was walking and not driving. It also is labeled as a misdemeanor but from what I can tell this should be a petty misdemeanor?
answered on Sep 20, 2024
Some Minnesota misdemeanors are treated as "payable offenses" by Minnesota courts, meaning the defendant can be convicted by paying a fine without a court appearance. But taka a look at Minnesota Statutes Section 171.173, saying that such a conviction would trigger a suspension of... View More
I still have to proceed with my case even if his is gets dismissed. It's been over a year almost 2 since we been dealing with this case. I've had about 4 pretrial dates scheduled and I'm getting no where. We are being charged with 2 degree burglary and unauthorized card transactions
answered on Sep 9, 2024
Theoretically when the prosecution dismisses a codefendant's criminal charges it could have no effect on other codefendants' cases. But in practice there can be some effects. For example, it could have impacts on whether the dismissed codefendant can be forced to testify at the... View More
I got a DUI in August 2019 but in my recent security background check the date of August 2021 came up and referred to it as the disposition date. I plead guilty to the charge and received 2 years unsupervised probation. Is there any way to change that date? Or does the disposition date refer to the... View More
answered on Sep 5, 2024
If you get a copy of your Minnesota Driver's License record from the Minnesota Department of Public Safety - Driver and Vehicle Services Division, it should indicate that the date of the conviction relates back to the incident-arrest date. A "disposition date" should refer to the... View More
Officer said he does not have a radar or laser reading of my speed, but that he observed me going quickly after somebody called in a motorcycle
answered on Sep 5, 2024
If police have no speed measurement evidence, such as RADAR or LIDAR, the prosecution will have less evidence to present at a trial. So that is more favorable for the defendant. But, all the many considerations for defending a speeding ticket would still apply, including how to persuade a... View More
Getting ready to drive and he set in on the windshield and it blew off. He did not place it under the wiper.
I did not know it was a process server.
The individual was chasing after my vehicle hours prior, and upon returning to the same location later, he appeared again. When he... View More
answered on Sep 4, 2024
Who will do the considering, after hearing & seeing the evidence? Likely would be a judge. If the person being served could reasonably understand that they were being personally delivered papers, a judge would likely view that as effective personal service (even if the person never looked at... View More
Really my attorney I don't like her. She had me take a plea and I think I should not have. It's for a 5th degree but only half the evidence was sent to bca. And besides that I had not known the amount was only .25 it's for a fifth degree she did not tell me it was such a small amount... View More
answered on Sep 3, 2024
Can a defendant move (ask the judge) to withdraw their guilty plea at a sentencing hearing? Yes. Is that a good idea? Maybe not. Minnesota has a relatively recent law reducing some "Controlled Substance 5th Degree Possession" cases from a felony to a Gross Misdemeanor if the amount is... View More
Telling me I was learning the facts from the prosecutor as I was taking the plea . My attorney had me take a plea for a 5th degree when only half the evidence was sent to the bca and the amount was .25. she wants me to plea guilty to a fifth degree. I have sentanceing this a.m.
answered on Sep 3, 2024
I presume that when you plead that you told the officer under the oath that you understood the rights that you were waiving when you plead guilty and that you were not under the influence. You can certainly try withdraw the plea, but I don't expect that the court is going to let you withdraw... View More
Telling me I was learning the facts from the prosecutor as I was taking the plea . My attorney had me take a plea for a 5th degree when only half the evidence was sent to the bca and the amount was .25. she wants me to plea guilty to a fifth degree. I have sentanceing this a.m.
answered on Sep 5, 2024
A defendant can make a motion (ask the judge) to withdraw their prior guilty plea. The judge could grant or deny that motion. Note that under the Minnesota Rule of Criminal Procedure, the legal standard for a judge allowing plea withdrawal is higher (more difficult) after sentencing than before.... View More
answered on Aug 27, 2024
Is this restitution from a criminal conviction or are you using the term in the general sense? In either case, most attorneys who deal with civil disputes in general practice can assist you. Firms that specialize in personal injury probably not. You and your attorney will need evaluate the... View More
answered on Sep 3, 2024
The defense can file a motion to suppress evidence based upon an illegal traffic stop. If the judge grants it, all evidence police obtained as a result of the illegal traffic stop would be suppressed by the judge. Almost always, this results in the criminal and traffic charges being dismissed.... View More
He asked where we going and why we went the way we did. He asked for driver ID. Driver asked why we were pulled over. Officer responded with "I will tell you after I see your ID".
answered on Sep 18, 2024
In Minnesota police must justify a traffic stop with "reasonable articulable suspicion of criminal activity" or an observed traffic law violation. These are based on facts that the officer can articulate, later to a judge. A driver must have a valid driver's license to lawfully... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.