Thomas C Gallagher's answer The most common reasons confessions and statements to police are suppressed are: (1) involuntary or coerced; (2) no Miranda warning where suspect is in custody and being questioned by police; and (3) no valid waiver of rights. In Minnesota, courts also want police to audio record statements. But in Minnesota, pretty much anyone can lawfully record their own conversation without disclosing the fact that it's being recorded. Recording other people's conversations without notice is illegal...
Thomas C Gallagher's answer I'm not an expert on Walmart security and loss prevention practices. It seems reasonable to assume that they don't keep massive video files of the store for years. Days? Weeks? I don't know. But if they have the video still, that would allow them to use it, right? I'm not sure whether simply video evidence would be enough to charge someone though. To have a solid case, they should have some other, corroborating evidence. In the end, the specific facts of an actual situation would be...
Thomas C Gallagher's answer What will happen will depend upon you, and what you do. Most people facing a first-time criminal theft charge want to keep their record clean. And usually I'm able to help my clients do that. But other people go to court without a lawyer, talk to the prosecutor, plead guilty, and get a criminal record for theft. That can make it hard to get a good paying job or apartment. I'd suggest: get a lawyer and keep a conviction off of your public court record.
Thomas C Gallagher's answer In Minnesota, the court asks people to fill out a public defender application form with some basic financial and other information - first thing at the First Appearance. That is how it is normally done. It can be done later, too. You could contact the public defenders' office before that, but 99% of the time there is no real reason for doing so. Unless there is an unusual, urgent circumstance, it's best to wait until you get to court.
Thomas C Gallagher's answer A Probation Officer does not have authority to change the written terms of judge's explicit, written conditions of probation. But from a practical perspective, judges rely heavily on probation officers and give them a lot of discretion. A defendant have trouble with a probation officer is better of trying to reach a better understanding of what is expected. Probation officers have a lot of discretion in interpreting probation conditions set by the judge. In extreme cases, the defendant can...
Thomas C Gallagher's answer If the lawyer has already disbarred, I'm not sure what more the Minnesota Lawyer's Board of Professional Responsibility could do. But you may wish to contact them and find out.
If you want to look into your conviction, you may want to ask a private criminal defense attorney or public defender's office to help you with that.
Jonathan Matthew Holson's answer Booking is a process where you are photographed and fingerprinted. Depending on the county that might occur at the courthouse or at the jail. But that does not mean that you will be held in jail for any period of time.
Thomas C Gallagher's answer If you have been charged with a crime, the question is how best to defend against it. If you have not been, you might consider returning the item for a refund of what was paid. Rather than trying to guess odds, better to take action to reduce risk. A person's honor and reputation are valuable.
Thomas C Gallagher's answer You may want to check to see if there is an active warrant. If not, it may be best to let it ride unless there is a reason not to. If there is an active warrant and you need it cleared, you'll need to turn yourself in and get booked in order to clear the warrant and get a court date. After that, your lawyer can help you resolve the case favarably.
Thomas C Gallagher's answer One way is to look up the statute charged, by section number. It should say the penalty in the statute. Most traffic violations are petty misdemeanors, but some can be charged as misdemeanors. Or call me!
Jonathan Matthew Holson's answer You can either hire private counsel or apply for a public defender. Your attorney can then negotiate with the prosecutor to have the matter reduced down from a misdemeanor
Jonathan Matthew Holson's answer The charge starts out as a misdemeanor. My hope would be that you can negotiate it down to a petty misdemeanor which is not a criminal offense. I would suggest bringing funds with you to the court date to pay off the restitution and that should increase the likelihood that you can get it reduced. A petty misdemeanor is not a criminal offense and does not go on your record.
Thomas C Gallagher's answer Executed jail time is unlikely for a first-time offender convicted of a low-dollar value theft crime. If it did happen, it would likely be short time. It can help in these cases to pay the money back, though it's best to do that through your attorney. Avoid making any statements or consenting to any search prior to consulting a criminal defense lawyer first. If you think you might qualify, apply for the public defender.
Jonathan Matthew Holson's answer A petty misdemeanor does not carry stayed or actual jail time - only a fine. It does not go on your criminal record. A misdemeanor carries a maximum sentence of 90 days in jail and a $1,000 fine.
Jonathan Matthew Holson's answer I am somewhat unclear on what you are asking, but your conviction would be for theft. Unless the charge was reduced it would be a misdemeanor and carry a maximum sentence of 90 days in jail and a $1,000 fine.
Thomas C Gallagher's answer More than 0.25 grams THC would be a felony to possess. Outcomes will depend upon many things, including his defense attorney. I have a lot of information on marijuana and THC cases on my web site, and am more than happy to discuss by phone. I could say more with more information provided.
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.