Lawyers, Answer Questions  & Get Points Log In

Minnesota Criminal Law Questions & Answers

2 Answers | Asked in Criminal Law for Minnesota on

Q: How can a person be found guilty of a decade old crime with no evidence, over hear says and her story changed many time

And it sat on a person's desk for 17 months before being charged

Gary Kollin answered on Sep 16, 2019

The law allows it.

And verbal testimony is evidence

View More Answers

3 Answers | Asked in Criminal Law for Minnesota on

Q: Drugs were found in a vehicle that was being searched for stolen property

They searched a storage unit that someone rents and a vehicle that is on that property .

Gary Kollin answered on Sep 14, 2019

Thank you for sharing. No question is asked

View More Answers

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Minnesota on

Q: My wife's narcissistic "Christian" mother and father have brainwashed her into getting HRO, Ex Parte Custody and Jail 4

I am a 31-year-old Christian, father, husband, and founder of Krew Cleaning services. I had17 "violations of harassment order" that coincidently got filed against the morning I was supposed to see my daughters the first time in 2 months (due to an ex parte custody that got approved based on her... Read more »

Jonathan Matthew Holson answered on Sep 13, 2019

You are entitled to a hearing on the HRO/OFP. There are instructions in the paperwork that you were served about how to request a hearing. It will be her burden at the hearing to establish that you have been harassing her or that an act of domestic abuse occurred. The violations are criminal... Read more »

2 Answers | Asked in Criminal Law for Minnesota on

Q: Can the police enforce 1/2 of an ordinance and not the other.

Gary Kollin answered on Sep 10, 2019

they did and can

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on

Q: Is seeing a needle that is closed and shut tight a plain view item in mn although not deemed paraphanalia

The needle was not yet used and was capped

Thomas C Gallagher answered on Sep 10, 2019

Context can make a big difference. But diabetics use needles for insulin, which is not an illegal drug.

2 Answers | Asked in Criminal Law for Minnesota on

Q: What can I do, if anything, to help my daughter? I have been told that she is an adult and there is nothing I can do.

My daughter, age 23 and homeless, is a daily IV user of heroin (now laced with fentanyl) and is facing trial for felony drug charges on Sept. 23rd. I fear she may die before the trial! She has mental health issues from a very traumatic childhood, which lead her to drug use, and in my opinion is... Read more »

Jonathan Matthew Holson answered on Sep 4, 2019

It's not clear what help you are looking for. You could certainly contact Human Services and see if they will pursue a civil commitment, but I do not know if she meets criteria for civil commitment or not.

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: can I a 16 year old tell someone who is a bad influence to my mother and siblings to stay out of the house?

So I'm 16 and my mom has a vary abusive boyfriend (not physically) and he just threatened to and I quote "ring his little neck. " (my brothers 18 and hes 31) is it possible to get him out of the house for good?

Jonathan Matthew Holson answered on Aug 12, 2019

No. You cannot tell him to stay out, but you could certainly apply for a harassment restraining order or order for protection if one is warranted. That would be your best avenue to keep him out of the home.

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on

Q: In MN, if you plead guilty on advice from attorney, can you file an appeal / post conviction?

The person did not commit the crime, it was told to tak the plea, admit guilt to avoid going to trial and chance being sentence longer. Can the person file an appeal or a motion for post conviction

Thomas C Gallagher answered on Aug 10, 2019

Yes, it's possible though such an appeal motion maybe time barred if not made soon enough. Under most circumstances, a court will not allow withdrawal of a plea or a new trial after a plea. But it would depend upon the facts of the particular case.

2 Answers | Asked in Criminal Law for Minnesota on

Q: How do I initiate a court hearing to take care of a warrant without turning myself in?

Need to set up a court hearing without turning myself in. Case is in MN, I reside in SD and have absolutely no way there. I was “formally charged” by complaint warrant for a crime I did not commit. I have stable job, stable home, and have absolutely no way to get to MN to even do such as I... Read more »

Jonathan Matthew Holson answered on Jul 30, 2019

Your only option is to get an attorney on board. But if you are innocent, the matter will likely require a trial. That means coming back to MN.

View More Answers

1 Answer | Asked in Criminal Law and Landlord - Tenant for Minnesota on

Q: I need help regarding an unlawful Detainer I need to file. I want to know what to say or not say in court.

I have someone who lives above my garage. I gave him thirty days notice to vacate. I'm tired of his drunken behavior. He has not even packed. He is waiting to see what I do. I want to file an unlawful Detainer. I want him out.

Thomas C Gallagher answered on Jul 27, 2019

This is not a criminal law question. It is a landlord-tenant law question.

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on

Q: I would like to date a man (35),who is a vunerable adult . Can I get in any legal trouble for being with him?

His disability is bipolar, and, anxiety. I've known him for over 10 years.

Jonathan Matthew Holson answered on Jul 27, 2019

You don’t provide enough information to provide a good answer to this question. Bipolar and anxiety would not typically make someone e a vulnerable adult on their own. There must be more going on here.

2 Answers | Asked in Criminal Law for Minnesota on

Q: I violated my probation with a dirty UA my PO issued a warrant and the warrant says stay of execution of sentence. Am I

Going to prison for 15 months for 5th degree possession then

Jonathan Matthew Holson answered on Jul 24, 2019

No that does not mean that you are going to prison. It is stock language that ends up on a probation violation. Typically, the formal violation report will provide a recommendation of how long that you serve for the violation.

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on

Q: How do I find out the procedure the agencies in my area are to follow when executing a search warrant?

For example, does more than one agency have to be present to keep everyone accountable?

Jonathan Matthew Holson answered on Jul 21, 2019

There is never a requirement that multiple agencies be present as far as I know. The execution is fact dependent upon the area/item being searched, what the search is for, etc.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Personal Injury for Minnesota on

Q: Is it legal for a person grante temporary legal custody of child to immediately have elective surgery perfomed on child?

They never asked for consent from the parent and did not notify the parent nor the Court. They just went and had elective surgery performed on the child within weeks of being granted ex parte temporary legal custody. The child is now severely psychologically abused and traumatized. After elective... Read more »

Corwin Kruse answered on Jul 19, 2019

Legal custody carries with it the right to make medical decisions for the minor child. Of course, depending upon the circumstances, one might be able to argue that custody should be modified based upon physical or emotional endangerment to the child.

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: Deprivation of Parental Rights. It has been 585 days since 3rd Party Custodian allowed Mother to see/speak to daughters

Order states, "Mother is free to contact her children by phone and social media" visitation is "contingent on child's desire to attend". 3rd party custodian tells the Judge my children "have no desire to attend". 3rd Party Custodian is daughter of our abuser, and always helped her father abuse us.... Read more »

Thomas C Gallagher answered on Jul 17, 2019

Only the prosecuting attorney can file a criminal charge in court. The exception is that police officers can tab charge misdemeanors and petty misdemeanors, subject to later review by the prosecuting attorney. Neither you nor a private attorney can file a criminal charge in court. You can make... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Landlord - Tenant and Probate for Minnesota on

Q: What Minnesota law was broken if a deceased person's property was removed before 30 days had passed?

Nothing was filed in Probate. No executor nor representative was appointed. As far as I can tell, no one had a legal right to even enter the deceased person's apartment, let alone remove all property.

Thomas C Gallagher answered on Jul 16, 2019

As a criminal defense lawyer, I don't know which, if any, such law exists. Perhaps it does. When someone claims a law, unless it's a criminal law I generally ask them for the Statute citation number. Then we can read it online. If the problem relates to disposition of the personal property of a... Read more »

2 Answers | Asked in Criminal Law for Minnesota on

Q: What does it mean when a (gm) case says warrant recalled, then warrant return of service. Both on the same date.

The case then has the next court appearance for two month later. Does that mean a warrant was issued but is not issued anymore?

Jonathan Matthew Holson answered on Jul 15, 2019

It likely means that the warrant was withdrawn for some reason and a new court date was set. Consequently, the defendant will have the option of appearing voluntarily at the court hearing.

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on

Q: My husband has a DANCO and I do not want to testify against him in court. Can I legally refuse to testify?

Jonathan Matthew Holson answered on Jul 10, 2019

No. They will give you immunity and if you refuse to testify you will be held in contempt.

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on

Q: I was issued a citation that has 30 days to pay the citation or set up a court date. Can they put it on media

Saying I'm guilty or charged with even if I havnt paid citation or got court date set up??? Is there anything I can do to get that changes by police department?

Thomas C Gallagher answered on Jul 2, 2019

Generally, most court records are public. But a person is presumed innocent until the claim made is proven or not at a trial, or with a plea. If a person has been charged with a violation, to say that person was charged would be accurate. But if a person has been charged with a violation that is... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Juvenile Law for Minnesota on

Q: Is there anyway for her to not go to jail?

I’m 17 and I got into a fight with an 18yr old and now she is facing 60days in jail for assaulting a minor. It was a stupid fight and we made up and are now friends and I really don’t want her to go to jail over something I kinda started. Is there anything I can do to help her?

Thomas C Gallagher answered on Jul 2, 2019

Yes, though it will take persistent effort on your part. Typically, there is one prosecution witness. If that witness refuses to cooperate by appearing at the trial, the prosecution may be dismissed. Prior to that, the witness can persistently communicate his or her desire that the prosecutor... Read 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.