There is no such thing as a petty theft. The theft charge is either a misdemeanor, gross misdemeanor or felony. But no theft charges start out as a "petty" theft. I would tell you that a theft conviction is going to have long term consequences for you - especially for employment and... View More

Based on the facts that you provided (that you are a 1-time offender charged with a petty misdemeanor) you won't face jail time. You can just state you plead guilty to take accountability for your, establish a factual basis for the guilty plea (explain to the judge why you what happened and... View More

It is imperative that you maintain no contact with your mother while the no-contact order is in effect. Only the judge can lift the no contact order through a motion or request by the victim's advocate. Typically, a hearing will be held on the matter. Sometimes that judge will just issue an... View More

Facing a criminal charge is a difficult experience. Especially in domestic assault cases, I suggest looking at both long term and short term problem-solving. The long-term is most important, of course. And the trigger for most long-term consequences is "conviction." So a good goal may... View More

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answered on Nov 23, 2023

In cases involving a misdemeanor charge, such as domestic assault, the impact on immigration processes can be significant. For someone in the process of obtaining legal status, a criminal charge can pose challenges, potentially affecting the outcome of their immigration application.

The... View More

Most people facing a misdemeanor charge would like to prevent a conviction record. It will require appearing in court, until resolved. To get the best outcome possible, you'll need help from a criminal defense lawyer. So your best next step would be to contact a criminal defense attorney... View More

I've seen a witness statement used as probable cause to detain. But I have also challenged whether such a witness statement actually supported probable cause, after the detention, in front of a judge. That issue should be evaluated in light of all available evidence and pretrial discovery,... View More

A person facing a theft charge in court needs help from their own criminal defense attorney. The prosecuting attorney has no personal knowledge, and is prosecuting based upon what they've been told. So, the legal process requires perseverance, patience, and sustained effort over time, in... View More

Normally the police and-or prosecuting attorney get reports form the Minnesota BCA lab after they send in a sample for testing. Then after the prosecutor gets the report(s) form the Minnesota BCA lab, they can forward a copy to the defense attorney.

A family court "Order for Protection" (OFP) restrains only one of the two parties, upon pain or arrest and criminal charge for a violation. An OFP restrains the Respondent not the Petitioner. But in the event of mutual OFPs, both parties could be restrained. Read the OFP itself for clarification.

Other way around. An "Order for Protection" ("OFP") in Minnesota will have a Petitioner and a Respondent, the two parties in the case. The only person who can be arrested and charged with a crime for violating the terms of the OFP, will be named in the OFP, and typically that... View More

Did you admit to the violation? Was there an agreement as to the sanction? If so, then you would simply receive the same disposition in front of a different judge. Otherwise, the case could be set in front a different judge for a formal probation violation. But I don't believe that this... View More

Was the a contested hearing in front of a judge? Or was a settlement agreement reached before that (as often happens)? Did the defense object to the judge presiding after the state had removed? It doesn't sound like a winner so far, but you may want to have a discussion about it with your lawyer.

No. a court cannot turn an OPF into a DANCO. A DANCO (Domestic Abuse No Contact Order) is based on a statute that allows a court to issue such an Order in a criminal case. So if a person is a defendant in a criminal case involving "domestic abuse" then the judge could issue a DANCO... View More

You don't indicate in your question what your relationship is to this individual. The legal issues surrounding asking them to leave - such as an eviction - are going to be different than the question of whether they are violating their supervised release conditions. I would advise you to... View More

If the police have a search warrant (signed by a judge) they can break in when no one is home, and search. Usually they conduct surveillance so that they can execute the search warrant when the targeted person(s) is home. But sometimes they decide to do it when no one is present.

You should definitely appear at your remote hearing so a bench warrant is not issued. Get a lawyer as soon as reasonably possible, or if eligible, apply for a public defender. Tell your lawyer that you want access to the video. Most lawyers will file a discovery request to obtain the video, and if... View More

Failure to appear for a court hearing can result in an arrest warrant. So, most people will want o appear to avoid that, and the problems that an arrest warrant would cause. The best first step is to get help from a criminal defense attorney - either a private or a public defender. Then your... View More

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answered on Sep 11, 2023

Based on the situation you described, it seems there might be a valid concern regarding the legality of the search conducted on you and the rest of the vehicle.

In general, law enforcement officers need probable cause to search your person or your vehicle without a warrant. Probable cause... View More

The search of you certainly could not be based upon a KOPS alert for your friend. They certainly could arrest him under the circumstances, but it is unclear why they searched you and what law enforcement found when they did. It is also unclear why they searched the vehicle. For example, they... View More