James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

This is a complex situation that raises several important legal and procedural concerns. Here's an analysis of the key points:

1. Competency evaluation timing: The 113-day wait for your evaluation is significant. Many jurisdictions have specific timeframes for competency evaluations,... View More

It sounds like you were pulled over on suspicion of a DUI and the police officer searched the car and allegedly discovered a controlled substance in the vehicle. It is pretty atypical for someone to be charged separately for alleged offenses arising from the same incident, but it is permissible and... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're in a difficult situation and feeling frustrated with the legal process. While I can't provide specific legal advice, I can offer some general information and suggestions that may be helpful:

1. Multiple charges from one incident: It's not uncommon for... View More

You need to follow your conditions of supervised release. If supervised release requires sobriety, you need to remain sober. If you have a prescription for medical marijuana, then you need to get your pot from a dispensary. I'm not sure why she is requiring you to do MRT, but you are likely... View More

Given the small amount of money involved, it would not likely be worth the administrative overhead of setting up the file even if you were paying the attorney on an hourly fee basis. And it's way too small for a contingency fee. Most very small cases like this (under $15,000) can be... View More

Get a permit. You cannot legally transfer a loaded gun without a permit. You certainly could be charged with carrying in public without a permit and there is no guarantee that anyone is going to simply accept a claim that you acted in self-defense.

No, you cannot legally carry a gun while picking up your daughter.

Minnesota Statutes, section 97B.045, prohibits transporting a firearm in a motor vehicle unless the firearm is unloaded and either:

Fully secured in a gun case expressly made for that purpose, where the case is... View More

"Say I was forced to use lethal force to defend myself and children from say a carjacking?" There is too much to fit into an answer here. But I'll try to get you started in your research. First, in Minnesota such a person carrying a firearm without a permit would be charged with that... View More

You can carry your firearm in your vehicle as long as it is unloaded and in the closed trunk of your vehicle. If you want immediate access to the firearm, you need a permit to carry. The law does not regard self-defense as an excuse to not not have a permit to carry.

You can apply for a... View More

This isn't something that is going to happen over a weekend. A human being will need update MNCIS which is the court information system. MCRO simply reflects what has been entered into MNCIS. Call first thing today to see what can be done to get this addressed.

You reach out directly to criminal defense attorneys and get one on board immediately. You are facing a potential murder charge here, along with possession of a ghost gun. It also raises the question if you are legally permitted to possess firearms which then creates a potential felon in... View More

A lawyer cannot give legal advice about a plea agreement vs. trial, without being the attorney of record, after thorough review and time spent with the known facts, discovery from the prosecution and other facts and evidence; as well as research into laws that could relate to those. As a general... View More

If evidence of a crime was recovered by police executing a search warrant, and a person is charged with a crime as a result, then that person can file a pretrial motion challenging whether the search and the search warrant were lawful. If the judge agrees with the defense that the search was... View More

Two separate crimes or two separate incident dates? Criminal charges from two separate incident dates can often be reviewed together in some or all court appearances, if in the same County. Whether that is a good idea for the defense may depend upon facts not knowable in an online Q & A site.... View More

I'm not sure what you have read or who you have had conversations with, but consolidating these cases is not a bad idea. It saves you additional court appearances and additional hassle. I also do not believe that it creates any bias against you because you are guilty of one case and not... View More

His or her defense attorney may want to research whether a search of a wallet after a judge orders release is an illegal search. A search by the government is presumptively illegal unless authorized by a search warrant, or a recognized exception to the search warrant requirement applies.

Two points: 1. Criminal possession is possible by more than one person at the same time. Joint possession would mean two or more people criminally possessed at least one thing at the same time. As a result, one person being held responsible doesn't necessarily help others facing criminal... View More

You can be charged with assault if the police have probable cause to believe you assaulted the person. Probable cause is not very high standard. If the alleged victim had a visible injury and claimed that you were the attacker, that's pretty much all that is needed for probable cause to charge... View More

When a prosecutor files a criminal charge, they allege facts which if true, they believe would prove the crime charged. If there are not facts to support "probable cause" to believe a crime was committed by the defendant, the defense attorney may file a motion to dismiss for lack of... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Driving after Cancellation (DAC), specifically when labeled as "inimical to public safety" (IPS), is typically regarded as a criminal offense. The categorization as criminal stems from the potential threat to public safety implied by the IPS designation. This determination means that the... View More