Minnesota Questions & Answers by Practice Area
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Minnesota Questions & Answers
Q: The state put a danco on between my boyfriend and I, I want to get it dropped because we do have a child together
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...
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...
Q: I filed a restraining order with the false information the respondent gave under perjury? How to rectify this?
James A. Teigland's answer
I would prepare an "Amended Petition" with the correct name and just file it in the same case and serve the document by U.S. Mail.
I would prepare an "Amended Petition" with the correct name and just file it in the same case and serve the document by U.S. Mail.
Q: I had a municipal marijuana charge in Missouri when I was 17 out of state and now I'm 18 but wasn't able to make it to
1 Answer
| Asked
in
Criminal Law, Traffic Tickets, Juvenile Law and Municipal Law
for
Minnesota
on
Answered on Oct 16, 2018
Answered on Oct 16, 2018
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.
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.
Q: I got a speeding ticket for going 123mph in a 70mph in Clinton county MO. I’m 17 and from MN. Will I go to jail?
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.
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.
Q: I need a delay in reporting to jail.
Thomas C Gallagher's answer
I would have to guess at the question here. Need more information as well. Give me a call on the phone, and I'll try to shed some light for you.
I would have to guess at the question here. Need more information as well. Give me a call on the phone, and I'll try to shed some light for you.
Q: why would one person have 609.2242(1) & 609.2242(2) listed. only the other only have 609.2242(2) what's the difference
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.
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.
Q: Alford plea on disorderly conduct with additional fees??
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...
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...
Q: how to quash a doc warrant
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.
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.
Q: If my boyfriend has a warrant for misd. Domestic violence charges from wi will he get picked up in mn
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...
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...
Q: Minnesota charge dv and disorderly conduct. Deal dismiss dv and defer adjudication on the dc, would I be ban from gun
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...
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...
Q: was recently accused of shoplifting.. I’ve never done anything like this and I was not intentional. Do I need a lawyer
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.
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.
Q: Can a officer arrest you for simply being in an area known for drug activity nd charge you with a DWI though your sober.
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.
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.
Q: Stopped after OAR 4+times refusal for drug / alch test. Missed court date, warrant issued . How much jail time?
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
three priors - 180 days in...
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
three priors - 180 days in...
Q: Strong asylum case?
Amber Hardy's answer
It could be yes. I would need a little more information. I would highly suggest you get an immigration attorney to help you. Feel free to contact me and maybe I can help.
It could be yes. I would need a little more information. I would highly suggest you get an immigration attorney to help you. Feel free to contact me and maybe I can help.
Q: Can I still get a DUI for having a BAC below the limit but if a cop sees me swerving?
Joseph A. Gangi's answer
Yes. If the officer believes you were driving while under the influence of alcohol, he can charge you with DUI.
Yes. If the officer believes you were driving while under the influence of alcohol, he can charge you with DUI.
Q: I recently co-signed an auto loan for a friend who promised to make payments. Now he has refused to make payment but
1 Answer
| Asked
in
Small Claims, Contracts and Collections
for
Minnesota
on
Answered on Sep 27, 2018
Answered on Sep 27, 2018
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.
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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