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Minnesota Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Minnesota on
Q: Can you lose all your rights such as court proceedings, i.e. criminal charges papers served directly to your unless f

Family members got guardianship? Woyld you not be aware of criminal proceedings and would you get a care taker without your permission or your say so to whom it may be. Could law keep threatening daily with warrants and family

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 22, 2021

This question is incredibly confusing. It's unclear what is being asked. Criminal charges and a guardianship are two entirely different things and are unrelated to each other. A warrant could certainly be issued if you missed a court hearing on a criminal matter, but that has nothing to do... Read more »

3 Answers | Asked in Criminal Law, Federal Crimes and Sexual Harassment for Minnesota on
Q: Someone accused me of a crime I'm innocent of. I have a strong feeling they are the ones that did it.

If I take the blame for their crime to save them, can the prison sentence be removed?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 16, 2021

If you take the blame, you also take the consequences - including a potential prison sentence. Pleading guilty to something you didn’t do is a terrible idea. Get an attorney on board to help you.

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3 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: If I am convicted in CA state court, then after I've been sentenced to 4 yrs in prison, but before I've began to serve..

If I am convicted in CA state court, then after I've been sentenced to 4 yrs in prison, but before I've began to serve this sentence the judge lets me out on bond pending appeal. While out on bond pending appeal I'm arrested for a federal offense, convicted and sentenced for said... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 15, 2021

This is a question best asked and answered in a California criminal law forum. But concurrent vs. consecutive is usually determined by the second court that sentences you. The bigger issue that you will run into is how California determines credit. For example, if this happened in Minnesota with... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Is McNaughton still the standard by which we treat mentally ill people who commit crimes, ie capitol murder?

Minnesota law.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 8, 2021

You ask this question in a Minnesota forum. Minnesota does not utilize the death penalty so I'm not sure if you are asking this question or nationally or otherwise. The NGRI (not guilty by reason of insanity) defense standards vary state to state. Minnesota uses the M'Naghten standard.

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3 Answers | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: Can a cop use items found after i was arrested to show probable to get a search warrant for my blood?

I was arrested for suspicion of DWI after being pulled over for a third brakelite being out. Can the police use incriminating evidence found only after the search incident to arrest? I would think they would had to have the search warrant prior to arresting me or at the very least the probable... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 15, 2020

Of course they can. There is no obligation that law enforcement ignore evidence developed before the search incident to arrest. The probable cause basis for the arrest can differ from the probable cause to support a warrant application to get a search warrant for a blood draw. I am assuming that... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: presidential pardons are an admission of guilt can this be used in a state court against a defendant?
Thomas C Gallagher
Thomas C Gallagher answered on Dec 13, 2020

A Pardon is no admission of guilt. The person pardoned is not making a statement. The President (or Governor, state pardons board) is making the statement with a Pardon. However, most pardons happen after a conviction, which would either result from a guilty plea (admission of guilt) or a... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I don't know what to do here... Some advice PLEASE.

I want to pursue a career in healthcare, but that misdemeanor theft from 2015 is holding me back. I gotta get it expunged. But I also have a misdemeanor driving without my seatbelt less than two years ago. It'll be two years ago in June. But I don't think the seatbelt ticket will hinder... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 6, 2020

You need to pursue an expungement. There are no guarantees that it will be granted, but you don’t have much to lose. The alternative is waiting til June which doesn’t make sense, particularly if it might be granted now.

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: My ex is in jail for violating danco.Do I report it to police or the jail? Can the jail file new charges or do cops

My ex violated the ofp and danco Hes in jail and keeps calling me and sending me mail but he sends it to tbe lady above me. So do just call the jail to report it or do u need to call the police as well

William Bailey
William Bailey answered on Dec 4, 2020

Police investigate crime. Jail staff serve a different function

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1 Answer | Asked in Criminal Law for Minnesota on
Q: I was convicteed on a 5th degree drug charge band lost my gun rights can I get the gun rights back
William Bailey
William Bailey answered on Dec 4, 2020

Yes. You can petition for reinstatement of your rights.

2 Answers | Asked in Criminal Law for Minnesota on
Q: I was convicted if a 5th degree drug charge in mn and lost the right to have a gunmcam I get my right to have a gun back
William Bailey
William Bailey answered on Dec 3, 2020

Yes. You can petition for restoration of your firearm rights.

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3 Answers | Asked in Criminal Law, Traffic Tickets and Car Accidents for Minnesota on
Q: Why is my appearance in court mandatory?

I was in an accident due to a failure to yield left and they found me at fault for the accident. I was told by the officer in charge that I would be able to pay my citation and plead guilty for the charge, but now it says I have a mandatory court appearance. It is a misdemeanor for crim/traffic and... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Nov 30, 2020

If the officer checks the "property damage or injury" box on the citation, the court appearance becomes mandatory. That means failure to appear will result in an arrest warrant. A misdemeanor is a crime punishable by a maximum of 90 days jail, though jail is rare in cases like this.... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: hi, i am trying to see if Carmen Wells Hudson has a criminal record here in the state of Missouri?

such as in; fraud, or the defendant of the witchcraft area?

William Bailey
William Bailey answered on Nov 27, 2020

The information on how to run a criminal background check in Missouri can be found at https://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/crimRecChk.html

1 Answer | Asked in Criminal Law for Minnesota on
Q: My companion of many years took our two canines and relocated to another state..we both have equal custody..did not agre

Did not relinquish my custody rights or agree to their relocation .. state of mn

William Bailey
William Bailey answered on Nov 25, 2020

I doubt the police would do anything, but you could report them stolen if you did not consent to them being taken. Be prepared for the police to tell you that it is a civil matter they won't assist with.

3 Answers | Asked in Criminal Law, DUI / DWI and Arbitration / Mediation Law for Minnesota on
Q: Hi, I am having issues with fulfilling my community service hours due to COVID

I am wondering about how courts are dealing with this COVID mess and the required hours for community service. Instead of doing Sentence-to-serve, I have been approved to do community service but have been having a difficult time fulfilling my hours. My deadline has already been pushed back twice... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Nov 24, 2020

I would expect that a probation and a judge would give extensions for this reason, but in the end would require the time to be served in jail. After all, community service is considered a jail substitute by the courts. Therefore, if it were me, I'd simply find a way to get the hours done.... Read more »

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: how to get a conviction thrown out if the judge bipassed evidence and used a dead person as a witness

the judge used a dead person as a witness in a criminal domestic trial is that lawful and also I thought they have to prove beyond a reasonable doubt they took hearsay of my baby mom and the doctor said there were no signs of strangulation the police said the something and she also contradicted... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 22, 2020

There is no way to answer this question given the information in this question. I understand that this is your recitation of what occurred in the trial. I presume that the county attorney would view things much differently. The only way to assess the legitimacy of your conviction would be to... Read more »

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4 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: My car was seized because of a felony amount of marijuana will I get it back? Scott county mn

I was driving and got pulled over for not fully stopping at a stop sign. I had an odor of weed in my car. They gave me a notice of seizure and intent to forfeit. How do I get it back?

William Bailey
William Bailey answered on Nov 22, 2020

Hiring an attorney is going to be the best chance. At a minimum you should get a consult.

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Does statue limitations apply to convictions
William Bailey
William Bailey answered on Nov 21, 2020

The statute of limitations refers to the period of time between a criminal act and the filing of a charge.

If you are talking about enhanceability there is often a period of time after which a prior conviction can no longer be used.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: How do I get sentence reduction fillable paperwork for my husband who is currently incarcerated? In wyoming.
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 12, 2020

You should consult with attorneys in Wyoming about this if that is where he is incarcerated.

3 Answers | Asked in Criminal Law for Minnesota on
Q: In Minnesota if someone comes breaks into you home can you just shoot them and receive no punishment?

I am being told you can and I am being told you can't from 2 different people. One is saying Minnesota doesnt have castle law or stand your ground law so you have to flee first. The other is saying you can just pull out gun and kill the person without trying to flee.

Mark Edward Arneson
Mark Edward Arneson answered on Nov 9, 2020

Minnesota has a version of the castle doctrine. Under State law a person has no duty to retreat from their own home and is allowed to use deadly force, including shooting an intruder, to prevent a felony from occurring within the home.

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