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Minnesota Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Minnesota on
Q: what can be done about a theft of $65 that happened a year ago

it happened in mn. a citation was sent out but there is no court date.

Thomas C Gallagher
Thomas C Gallagher answered on May 21, 2020

Assuming the person who received the citation is asking what to do: First, respond to the citation. A citation is a Summons to court. It requires the person named to respond to arrange a court date. Failure to do so, will lead to a default conviction of a petty misdemeanor; or an arrest warrant... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Hey! I am an 18 year old female from Minnesota dating a 15 year old female from Germany. Is that illegal?

I bought a plane ticket to fly to her in October and my family is trying everything to stop me and my dad is saying that it could be a felony. Is that true?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 18, 2020

The age of consent in Minnesota is 16. I don’t know what the age of consent is in Germany if you are visiting her. That is a question for a German attorney. Dating is not a crime, but there are plenty of potential issues - for example sexting would be a major issue.

2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: If I’m underage minor who is sober and I’m driving a minor who has drank alcohol and we get pulled over

Will I get cited for them being under the influence if it is not in my car i.e. he drank it beforehand

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 16, 2020

No, you will not get cited for DWI if you haven’t beeN drinking. You aren’t breaking the law.

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3 Answers | Asked in Criminal Law for Minnesota on
Q: I was bringing a friend to Wal-Mart..and I guess she had a warrent or something...now I have obstruct legal process

Lawful execution legal process..how is this even possible?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 14, 2020

Taking a friend to Walmart who had a warrant is not obstructing legal process so there must be more going on here. I’m assuming you are being accused of more than just driving your friend to Walmart. This is a serious charge. You need representation.

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2 Answers | Asked in Criminal Law, Traffic Tickets and Juvenile Law for Minnesota on
Q: Some friends and I went to an old abandoned school in Minnesota near where we're from.

We didn't see any no trespassing signs and we weren't planning on causing any damage, so we went in to explore a piece of history. However, the cops showed up and we all received citations. Is there such thing as a trespassing citation and were we even breaking the law by exploring the... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 12, 2020

Of course there is such such thing as a trespassing citation. Whether what you did qualifies as trespassing is a different question. Was the building locked? Was it posted? Did you refuse to leave after being asked to? There are a lot of other questions here that need answering. You should... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I was in treatment permy probation officer I have hiv and didn't feel safe i left I called him befor I did.

I left him messages explains my significant other was sick fever at 101 keeps rising and falling do I have options or am I doomed back to lock up I have a home car and job

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 11, 2020

Sorry, I am really confused by your question. It appears that you left treatment to care for your significant other, but perhaps I misunderstand what you are saying. The biggest thing that you can do right now is remain sober, stay in touch with your probation agent, and comply with any testing... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Arrested released moved to florida during virus i was needed at home What happens to case
William Bailey
William Bailey answered on May 8, 2020

That depends on whether there has been a hearing. Many cases have been put on hold so you may not have missed anything. However, if you have missed a hearing, there is likely a warrant out for your arrest. It would be wise to have an attorney in MN retained to assist you with this to ensure you... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can a person get life in Federal prison time for selling a half gram of heroin to a person in a treatment center?

My son sold a half gram of heroin to someone in a treatment center and he overdosed but is alright now. The problem also is he lives in Moorhead MN and the treatment center is Fargo ND. They say it is trafficking and said that unless he works with them they will push for life in a federal prison.... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Apr 29, 2020

I know the circumstances of my client's cases. But I don't have the facts on other cases. In general however, drug crime penalties are cruel and severe. And in federal court, some drug crimes can result in life imprisonment sentences. So caution would be prudent. But drug police... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: My Dad was arrested for sexual conduct of the first-degree 8 years ago and I was wondering if anyone could look into it?

re My Dad's case. I was wondering if someone could look into the case to see if it was unfair and I understand it may be difficult do to the coronavirus pandemic and I do not have any money because I am only 13 years of age so unless you accept pocket change I understand if you cannot look... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Apr 28, 2020

I would encourage you to talk to your mom or other adult family member to ask them to help you work on this. There are things you could do, together, to look into the matter. But it will be difficult for a juvenile to do those things without help from a trusted adult family member. Also, I would... Read more »

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

If Minnesota law says that children 14 and younger are legally incapable of committing crimes, how can a child who was 11 at the time of the action be adjudicated?

Thomas C Gallagher
Thomas C Gallagher answered on Apr 25, 2020

It appears that the minimum age at which a youth can be adjudicated delinquent is 10 years old; but the youngest age at which a youth can be certified as an adult for criminal liability is 14. However my view is that many young juveniles are incompetent to participate in the court process due to... Read more »

1 Answer | Asked in Criminal Law for Minnesota on
Q: At what age can a child be adjudicated in Minnesota?

Can a 17 yr old, who was charged with 5th degree sexual conduct and has been in the juvenile system 4 years be adjudicated if they were 11 years old at the time of the action?

Thomas C Gallagher
Thomas C Gallagher answered on Apr 25, 2020

I've represented 11 year-olds charged with sex crimes in juvenile court. Last time I researched it, the minimum age for juvenile prosecution in Minnesota was age 10.

3 Answers | Asked in Criminal Law for Minnesota on
Q: If I pay for a stolen item am I admitting to the crime and can be charged

A lost prevention agent is threatening to charge me with Eating and abetting felony theft if I don’t give him $1700 by Friday how can I be assured that he won’t charge me anyway

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 23, 2020

The civil forfeiture is separate from potential criminal charges. Paying the claim to the loss prevention agent (or the company where the alleged theft occurred) will not protect you against criminal charges. In any event, the company doesn't get to "waive" charges against you.... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on
Q: I bought a car with a loan from a bank and subsequently I was arrested for 5th degree drug possession.

The police are now seizing the vehicle through forfeiture laws. I am not a drug dealer, can they legally do that?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 23, 2020

It depends on the circumstances of your arrest, the weight of the drugs, and where the drugs were located. Consult with an attorney directly. Defending against a motor vehicle forfeiture is not something that you should handle yourself. Most criminal defense attorneys will handle both the... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am in an abusive marriage and have a warrant, how can I get around. Going to jail? I cannot leave my home!

My warrant is out of Anoka Co. MN for failure to turn myself in for failing to complete a dwi MADD IMPACT CLASS. My husband made it so I had no way to get to the classes on purpose, I've paid for the classes but was unable to go. I cannot go to jail, he has threatened to sell all my belongings... Read more »

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

You obviously have a couple of issues going on here.

One, is your warrant. I would suggest getting in touch with the Anoka County Public Defender. You are unemployed so you would obviously qualify for a PD. Explain the issue that you are dealing with and an attorney in the office may be...
Read more »

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3 Answers | Asked in Criminal Law and Probate for Minnesota on
Q: A woman entered the apartment of a deceased man and began removing all the property. When the police arrived, the woman

Lied to police and said she was 'next of kin'. The police required zero proof. Now the man's girlfriend and their children have nothing. The police, Sheriff, etc refuse to take a report of the crime. It has been more than 2 years. Can anything be done?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 21, 2020

Your best bet would be to take the woman to small claims court. Ultimately that’s the only option if authorities aren’t willing to prosecute.

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3 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Is there anything that clearly defines "plain sight", either federally or in Minnesota law?

I believe that the case against me is questionable as they used "plain sight" as reason to pull me over after they searched my vehicle in my absence. Unlit parking lot, tinted windows, an hour and a half after sunset. But for the life of me I cant find a clear definition of what... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 11, 2020

The term that you are looking for is "plain view." "Plain view" occurs when law enforcement is in a law enforcement is in a location that they are allowed to be in and they see something that is contraband without having to manipulate the object. So for example, if an illegal... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: In mn if a man is arrested for dv but the victim doesnt show will charges be dropped
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 4, 2020

No. The alleged victim will be subpoenaed. She could be arrested if she doesn’t show and there are ways to proceed without her by introducing her statements without her.

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Inmate in custody during the covid-19, yet, already demanded a speedy trail 3mths ago. what should they do ?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 2, 2020

Continue re-asserting the speedy trial demand. This is something that an attorney can assist with. It’s unclear to me why the trial wouldn’t have already taken place since a speedy trial is typically within 60 days.

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1 Answer | Asked in Criminal Law for Minnesota on
Q: Can I report a robbery if I was there to buy a firearm without a permit

I do not have a permit to purchase a firearm. That said I went to meet with an old acquaintance off of Facebook the other day to look at a handgun for $500 I’m not a felon, but do have a juvenile record, when I was 16 I did 2 yrs in juvie for a robbery.. though part of my plea was that... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Mar 31, 2020

From this description, it appears the main problem is the potential for being charged with conspiracy to commit or attempted possession of a firearm by an ineligible person. That is a felony. And if convicted, it would likely result in several years in prison. As a result, going to the police... Read more »

1 Answer | Asked in Criminal Law and Car Accidents for Minnesota on
Q: I borrowed my truck to I thought a friend he now claims someone stole it from him police won't help what do I do

I borrowed my truck to a friend been trying to get It back for 4 days and his brother told me my truck was stolen from the person I borrowed it to. He won't talk to me know and police said they can't put it in as stolen since I borrowed it out to start with. What do I do to get it back or... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Mar 23, 2020

Consider: 1. Contact civil (not criminal) attorney about filing a lawsuit for the value of the vehicle, and-or its safe return. 2. Notify your car insurance company, about a claim for a loss (before initiating your own lawsuit). 3. Private investigator, asset-skip tracer. Discuss all options with... Read more »

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