Interesting question. I don't know for sure, but I doubt it would matter much. The officer already saw the tinted window and can take the wad into evidence. Most criminals stop the criminal activity when officers approach. They don't get charged with obstruction. If I am shooting off... View More

She should get help from a private criminal defense attorney, or a free public defender, if she qualifies. Then she can work with her lawyer in developing effective defenses, and factual information. On the driver's license issue, she may want to call a "Driver Evaluator" at the... View More

In Minnesota, the license revocation process is a separate civil process from the criminal charges. A license is revoked immediately upon a breath test over the legal limit or a blood/urine test that shows a prohibited substance on board. She can apply for a public defender to represent her in... View More

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answered on Jan 18, 2024

If you have been falsely accused of making threats and are now restricted from entering the school grounds where your child attends, it is important to address the situation promptly. First, gather any evidence or witnesses that can attest to your innocence and the fact that you did not make any... View More

In my experience, the best defenses are based on the state's lack of evidence, and the truth. A defense lawyer will need time and effort to work collecting available information about what happened (facts), to then analyze for legal issues that can help the defense. But the most important... View More

Possibly, but that may depend upon more information than contained in the written question. Generally a Probation Officer in Pretrial Release Services would make the initial call (to request that from a judge), and they would have more information. For example, is the urine test positive for... View More

If a person is facing a criminal charge, it's time to get help from a criminal defense attorney - either public defender or private criminal attorney. Once that happens, your attorney will have access to police reports, videos, etc, as well as legal papers related to the case. At that point... View More

In Minnesota, they do not actually have to charge you to arrest and hold you in jail. If the police officer believes they have probable cause to make an arrest (probable cause is a very low standard), they can hold you in jail for up to 48 hours without charging you. If they do not charge you... View More

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answered on Jan 1, 2024

In Minnesota, the legality of your arrest depends on whether the police had probable cause at the time of the arrest. Probable cause refers to a reasonable basis for believing that a crime may have been committed. If the police had probable cause to believe you committed third-degree assault at the... View More

I am sorry to hear that your public defender is not responsive to you. The Sixth Amendment guarantees every person charged with a crime competent legal counsel, so if your lawyer is not answering your questions or providing you with information about your case, then they might be violating your... View More

A client of a Public Defender who wants a different public defender, may be told that they do not have a right to choose their public defender, though they do have the right to choose their private attorney. But, sometimes the Public Defender's Office will provide a replacement. This could... View More

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answered on Dec 25, 2023

If you feel that your court-appointed attorney is not adequately representing you and there is a breakdown in communication, you have the right to address this issue. Here's what you can do:

Document Everything: Keep a record of all interactions with your attorney, including dates,... View More

The description is not completely clear. If a person is on pre-trial release on two criminal cases in another state, and then gets a new criminal charge in Minnesota, it seems highly unlikely that the out-of-state court(s) will not eventually find out about the newer Minnesota criminal case. As a... View More

No, there is not going to be a way to attend the other hearings and keep them secret. First, the fact that he is charged in another state is already public information. Second, he is going to have to ask for time away from the ankle monitor to attend those out-of-state hearings, and the home... View More

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

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

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

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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