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Minnesota Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law, Domestic Violence, Land Use & Zoning and Real Estate Law for Minnesota on

Q: I am getting a restraining order against my neighbor, can that also stop him from using the easement on my property?

The neighbor yells threatens and swears at me often. He is upset that I did not plow his driveway this winter. ( yea he is a little not so normal ). I have had to call the cops. They want me to get a restraining order against him. If I do so can I also stop him from using an easement that runs... Read more »

Thomas C Gallagher answered on Jun 25, 2019

In Minnesota, the court may grant a Petition for a Harassment Restraining Order on an ex parte, temporary basis (or might not). If it does, the Ex Parte HRO would need to be served on the Respondent. Then the Respondent would be subject to the Ex Parte HRO but would have the right to request a... Read more »

3 Answers | Asked in Criminal Law and Traffic Tickets for Minnesota on

Q: How long does it take to receive a citation in the mail in MN? Also, are citations forwarded by USPS?

I unknowingly swiped a a parked car. Another person called the police, so they are calling it a hit and run, even though I never left and wasn't given the opportunity to notice and exchange insurance info.

Luke Neuville answered on Jun 24, 2019

It can be a few weeks or possibly a few months before you receive notification of charges in the mail. The complaint and court date will be mailed to the address on your license. If your mail is being properly forwarded to another address, you should receive it through USPS. You can also monitor... Read more »

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1 Answer | Asked in Criminal Law for Minnesota on

Q: can a cop keep coming to your house demanding you speak with them? and threating the home owner with jail if not

utilities was shut off and turned on. the blame the home owner but are demanding to talk to the others that live with him and take care of him. the meter is a smart meter and can only be turned on and off remotely at the utility company. the cop keeps coming and threating the owner who is 65 that... Read more »

Thomas C Gallagher answered on Jun 20, 2019

It's difficult to follow that fact pattern. A phone call might help clear that up. However, a person can refuse to talk to police. In fact, exercising your right to remain silent is almost always the best response to police questioning.

1 Answer | Asked in Criminal Law for Minnesota on

Q: I was charged with mn statute 609.857.2. I had a flashlight not a laser what can i do

Thomas C Gallagher answered on Jun 14, 2019

Defend against the charge. The statute says: "Whoever knowingly aims and discharges a laser or other device that creates visible light into the cockpit of an aircraft that is in the process of taking off or landing or is in flight is guilty of a gross misdemeanor." Apparently, the language of the... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Constitutional Law for Minnesota on

Q: Can I be arrested for DUI,if I wasn't driving? And I didn't get pulled over by a cop,they came 1/2 hour later

Thomas C Gallagher answered on Jun 10, 2019

I have seen many cases where a person was arrested for DUI even though the police officer did not observe driving. And I've won many of those cases after working hard on motions to dismiss and rescind. The two most common scenarios are (1) a person suspected to have been driving a disabled... Read more »

2 Answers | Asked in Criminal Law for Minnesota on

Q: Q: What is the punishment for cursing (disorderly conduct

Thomas C Gallagher answered on Jun 5, 2019

Minnesota Statutes Section 609.72 Disorderly Conduct is a misdemeanor crime, with a maximum of 90 days jail, and one year probation. Profanity alone can be defended as free speech.

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1 Answer | Asked in Consumer Law, Copyright, Criminal Law and DUI / DWI for Minnesota on

Q: If a cop gets info.from another person that I was driving my car home drunk from the bar,is it legal for the cop .

That mind you .didn't pull me over .or see me driving,to come to my house a half hour later and give me a DUI and tow my car right out of the driveway,no keys in vehical or on me ,also revockef my lisence for refusel,when he got my numbers reading were high but I still wasn't driving.

Thomas C Gallagher answered on Jun 5, 2019

As I mentioned in my other answer to your similar question, that case would be weaker than the normal case where the police officer did observe driving, operating or control of a motor vehicle. In addition, it's common for people to drink at home, after driving. That is a defense to a DWI case.... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law, DUI / DWI and Civil Rights for Minnesota on

Q: can you have your license revokes if cops didnt pull you over?

cops didnt see me driving going on hearsay that i was, then came to my house arrested me towed car didnt read me right i did field sobriety test they said i refused it but they have levels from test, i bailed out of jail 1200.00 dollars now they gave me a notice of order of revocation,i wasnt even... Read more »

Thomas C Gallagher answered on Jun 5, 2019

Most DWI arrests follow a traffic stop by police. But not all. Some few follow a police contact at the arrested person's home. And some follow events that do not include police observation of driving. However, often DWI cases where the police do not observe driving, operating or control of a... Read more »

2 Answers | Asked in Animal / Dog Law, Personal Injury and Criminal Law for Minnesota on

Q: I am MN licensed to carry a firearm. Can I shoot an unleashed dog in defense for attacking me or my leashed dog?

If I am in public within the city limits in any of the Metro area cities.

Thomas C Gallagher answered on May 29, 2019

Not without legal risk. As lawyers we consider how the law may apply to hypothetical facts (1) in the past; and (2) in the future. When the case is being litigated in court, it's almost always about the past. Past facts can't be changed, though we may have problems of proof. On the other hands,... Read more »

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2 Answers | Asked in Criminal Law for Minnesota on

Q: I am facing a felony drug charge in minnesota. Thoughts on hiring associate attorney for $4500 to represent me

Jonathan Matthew Holson answered on May 24, 2019

"Felony drug charge" is pretty vague. You need to provide more detail about what degree the drug offense is and what county it is in.

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3 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Minnesota on

Q: I strongly think that my girlfriend is only being charged with domestic assault because she changed victims statement.

I was packing to leave my girlfriend's house when in the heat of the moment she tried to stop me. In doing so she scratched me on my neck and ripped my shirt. We have had a prior incident which I went to jail for, so I was recording the goings on. As a safety precaution I called 911 so nothing more... Read more »

Luke Neuville answered on May 18, 2019

Your girlfriend has rights to exercise in court but it's not advisable to discuss over public forum. I would advise contacting an attorney that gives free consultations to get some better information.

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on

Q: I am making a presentation on Ford V. Wainwright for school, can I get some assistance?

One of the things that we have to clarify is the order of cases and appeals. We need to start with the original case, working up all the way through Ford V. Wainwright. Would you be able to help me with this?

Gary Kollin answered on May 10, 2019

This sounds like a violation of the honor code by asking someone to do tge work for you.

The person you should consult is your teacher

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2 Answers | Asked in Criminal Law for Minnesota on

Q: I was caught with 1 gram of thc oil can I still be charged with a felony if they didn't arrest me or give me a ticket

I was searched and they found 1 gram of thc oil then was let go could I still be charged with a felony this is my first offence

Jonathan Matthew Holson answered on May 8, 2019

The fact that you weren't arrested or given a ticket is meaningless. Typically a charge like this would be handled via complaint which means that you may receive a charging document in the future with a court date to attend.

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2 Answers | Asked in Criminal Law for Minnesota on

Q: I have friend who on bond if he smokes weed how can he fix problem

I have friend who on bond if he smokes weed and has drug test at probation appointment what will happen and what could do

Jonathan Matthew Holson answered on May 6, 2019

“Your friend” might be in violation of his conditions of release. If so, the agent is likely to file a report with the court. “Your friend” should stop smoking pot until his case is over with.

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2 Answers | Asked in Criminal Law for Minnesota on

Q: I was caught with 1 gram of THC oil it is my first offence im 21 i have a clean record what could be my outcome

i was searched and they found 1 gram of thc oil

Jonathan Matthew Holson answered on May 6, 2019

That should be considered a small amount of marijuana and consequently it would be a petty misdemeanor.

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3 Answers | Asked in Criminal Law for Minnesota on

Q: Can county services with hold my child from me because I have two Warrents?

My first case being stalked by police because they believed I was someone with a warrant. Then jailed after being booked had my rights read to me. Then in the second case my vehicle was illegally searched and seized with the next day the judge provided a search warrant. I wasn't even arrested or... Read more »

Jonathan Matthew Holson answered on Apr 16, 2019

You don't provide enough facts to answer the question. I am assuming that there was some sort of evidence that was found when the police executed the warrant on your car. Merely having a search warrant on your car and being booked into jail would not be enough for social services to take your... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on

Q: Can county services with hold my child from me because I have two Warrents?

My first case being stalked by police because they believed I was someone with a warrant. Then jailed after being booked had my rights read to me. Then in the second case my vehicle was illegally searched and seized with the next day the judge provided a search warrant. I wasn't even arrested or... Read more »

Jonathan Matthew Holson answered on Apr 16, 2019

You don't provide enough facts to answer the question. I am assuming that there was some sort of evidence that was found when the police executed the warrant on your car. Merely having a search warrant on your car and being booked into jail would not be enough for social services to take your... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on

Q: Is that a public park is a "known drug area" sufficient as "reasonable suspicion" for search without any other evidence?

Legally parked, in an open public park at a reasonable time of day, eating dinner and playing a video game on his cell, my friend looked up from his game surprised to find a squad car parked perpendicular to his truck with lights activated. Thinking something was wrong my friend got out to see... Read more »

Thomas C Gallagher answered on Apr 12, 2019

Whether police have an articulable suspicion of criminal activity, sufficient to justify a Fourth Amendment seizure,depends upon all the facts then known to that police officer. Of course, I don't have access to that information. His defense attorney of record on the case should. If friend has... Read more »

2 Answers | Asked in Criminal Law, Animal / Dog Law and Car Accidents for Minnesota on

Q: Witnessed my neighbor's dog get hit by a car and die instantly - driver left the scene but lives nearby. Illegal?

I obviously let my neighbor know immediately and she is devastated. I am wondering if we should call the cops or if there is nothing they could/would do about it. I have seen the car before and know they live in the area. Is this a crime? Should I get the car's license plate number? Or is there... Read more »

Jonathan Matthew Holson answered on Apr 9, 2019

Yes. It is something that can be reported to law enforcement. It is animal cruelty.

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1 Answer | Asked in Civil Rights and Criminal Law for Minnesota on

Q: I owe 22,000 in Restitution, civil fines. Is there a way I can reduce or wave this since it is a unrealistic # to pay?

Lucas Wynne answered on Apr 4, 2019

Theoretically, the judge could issue an order relieving you of that debt. Although, it is not that likely. You will likely need a defense attorney to look into it and see if it’s a possibility.

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