my friend has lived in the US pretty much his entire life. He was adopted by two US citizens when he was a baby and they brought him to the US as a baby. Hes had a few rough years and was convicted of some drug related stuff. He was contacted by immigration and they are trying to deport him. His... Read more »
answered on Feb 1, 2023
This might seem odd, but the answer really boils down to one question: did your friend turn 18 before or after February 28, 2001 at 12:00 a.m.? If your friend turned 18 after this February 28, 2001 cut-off, (or was born after February 28, 1978 at 12:00 a.m.) he should be able to acquire citizenship... Read more »
3rd degree murder charge but defendants score is very low, hardly no criminal history except minor drug possession and a petty theft.
answered on Jan 31, 2023
Take a look at the grounds for downward dispositional departure (from presumptive sentence) listed in this year's version of the Minnesota Sentencing Guidelines (available free on their website). These include a requirement that a defendant be “particularly” amenable to probation, to... Read more »
the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... Read more »
answered on Jan 28, 2023
Generally speaking, if a police officer has probable cause to believe that a car has drugs or other contraband, then they are permitted to stop the driver of that car and search it without a warrant. This means that they can temporarily detain you and bring in K9 dogs, etc. while they search... Read more »
A friend of mine is being charged for breaking into a storage facility after hours on camera. The video being used against him is known to have been collected by at least 2 different employees and transferred to a flash drive which investigators didn't pick up for 3 weeks. The prosecution only... Read more »
answered on Jan 28, 2023
The chain of custody typically starts once information is handed off from store employees to law enforcement. However, the chain of custody can include store employees who are either store detectives or security, or some type of asset protection specialist. Most major retailers have their own... Read more »
Defendant is claimed to be on video breaking into storage units. The video evidence was collected and burnt onto a flashdrive by 2 of the facilities employees. Employee A saw the video for the first time and is the one who reported it to police, Employee B. Physically collected and burned the video... Read more »
answered on Jan 28, 2023
The typical foundation question for a video is: does this video recording “fairly and accurately depict” the area being recorded on __ date.
The sponsoring witness must be someone familiar with the area being recorded on __ date.
The public defender on this case is completely useless, he waived the omnibus hearing and probable cause hearing, jury trial is only a week away now and I need to know if video evidence can be suppressed at the time of trial if the authenticity can't be verified by the prosecution?
answered on Jan 27, 2023
The defense could challenge the authenticity of a video (is it what the proponent says it is) just before the trial starts, in a "motion in limine" or as an objection to it's admission into evidence during the trial. It would be helpful to have some evidentiary basis for doing so,... Read more »
My friend is being charged with breaking into a storage facility on camera. Not only did it take 3 weeks for the police to be given this video but there's proof that an individual not listed on the witness list was in control of the video prior to police getting a copy. Is the prosecution... Read more »
answered on Jan 27, 2023
In Minnesota courts, the prosecution would not be required to call as a witness for examination at trial every person with access to video footage evidence. However, the defense could potentially subpoena those witnesses, to come testify. (Though that does not mean this would necessarily be a... Read more »
The area around my house is within the "1000 Feet" outline in Federal law. Other than being in a vehicle, what exceptions can be made for me exiting my property with a firearm without breaking this law?
answered on Jan 23, 2023
That is an excellent question.
The Federal law that you speak of (18 U.S.C. §§922(q); 921(a)(25)) does indeed prohibit possession of a firearm that is within 1,000 feet of a public or public school, but it does NOT apply to possession of a firearm on private property that is NOT part of... Read more »
answered on Jan 23, 2023
There is a maximum of 90 days after the initial appearance on the extradition for the governor's warrant to be signed.
This is a weird one. What charges could someone face for using medical (biohazard) trash/waste to obtain info for Identity Theft?
answered on Jan 21, 2023
Tampering with medical/biohazard waste can engender both civil and criminal penalties, but the penalties vary substantially depending on the context, who the offender was (i.e., a medical employee, company), where it took place, and what the violation was. There are, however, various Federal... Read more »
The finding of facts is dated incorrectly for the offense's commission. What can I do as defendant?
answered on Jan 11, 2023
Provided that the wrong date listed is a clerical error, you (or your attorney) can certainly bring the error to the Court's attention and ask that they correct it. You can do so by filing a motion to correct the clerical error; in doing so, be sure to identify the page numbers and... Read more »
the person was charged with shoplifting about $60 of merchandise at Walmart. they have not been convicted yet but they are worried it will affect their green card.
answered on Jan 9, 2023
It is highly unlikely that the person will be deported under the circumstances you described. In the world of immigration law, shoplifting and other crimes of dishonesty are called "crimes involving moral turpitude" (CIMT). A conviction for a CIMT can indeed affect a person's... Read more »
What happens if the defendant continously says they do not understand their rights or the charges throughout an arrest, detainment, interrogation, court appearance? How does the court proceed if the defendant refuses to even acknowledge any understanding of what is happening?
answered on Jan 8, 2023
Generally speaking, a defendant cannot be required to stand trial if they are not mentally competent or fit to do so. Competency in the legal sense requires, at minimum, that a person be able to understand the nature of the proceedings against them and play a role in their own defense. In a 1975... Read more »
Can the court order a relationship between two people to end? I was involved in a domestic assault call at my house where my spouse was arrested and charged. I did not wish for a no contact order to be put in place. The terms are "no unwanted contact" meaning I can rescind my invitation... Read more »
answered on Jan 7, 2023
Yes, you can rescind a no-contact order if both parties consent to future contact. To drop it, would need to go back to the court that issued the no-contact order and file a motion to dismiss the order. The motion should include an explanation about why you want to drop the restraining order.... Read more »
Someone in jail gets on drug court for the first time and is being told she must sit in jail for a bed gut the individual in jail never signed up for a bed or anything like that she has been in jail 38 days they are trying to send her to inpatient treatment after her attorney said she should get... Read more »
answered on Jan 5, 2023
The description seems to state that there may be two problems preventing someone from getting out of jail: 1) the "home" county judge's order that she be released to inpatient treatment but those arrangements have not yet been made; and 2) a warrant or hold from another county,... Read more »
answered on Jan 3, 2023
Contact law enforcement if you believe that your daughter is somehow being abused at daycare.
If an individual in custody for probation violation and finds that another county was a warrant out for a probation violation what needs to happen for the individual to get released
answered on Dec 28, 2022
The individual would likely be held until the first case is complete and then they would be transferred to the second county where the probation violation warrant was issued. The family could post bail on the second matter if it has been set. Otherwise, the individual would be held or would need... Read more »
Hello
Even though as of today those various COVID mask requirements and executive orders in Minnesota have expired, can someone be still fined, if for example this person was recorded and identified on video visiting a bar or restaurant without a mask back in 2020, during 'Peacetime... Read more »
answered on Dec 16, 2022
Because Minnesota Statutes §609.735 CONCEALING IDENTITY, appears to make wearing a mask "to prevent spread of disease" (as opposed to "medical treatment"), in public, a crime; I would challenge any attempt to enforce an "executive order" to the contrary. I've... Read more »
What can they be charged with and what if the police aren't able to make contact with the person who used my card??
answered on Dec 7, 2022
The individual could certainly be charged with financial transaction card fraud. Contacting the person would not be necessary so long as they are able to identify the person.
So when I was younger I was diagnosed with low levels of autism and fasd but was before they knew I had adhd and they says that's the real reason I was like that according to state law In Minnesota and federal law you can't own a gun if you've been adjudicated as a mental defect by a... Read more »
answered on Nov 28, 2022
You should speak directly with an attorney about these issues. On first reading, it doesn't sound as if you would have any legal prohibition on owning or possessing a firearm, but you don't want to put yourself in a bad situation. A legal forum is no substitute for speaking directly... Read more »
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