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

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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Can they watch what you are doing in public? Yes, that is not something that requires a warrant. They could not search your property without a warrant. They cannot put a tracking device on your car without a warrant. They cannot listen to your phone calls without a warrant. But surveillance... View More

Yes, law enforement can.keep your under survellance based on false accusations of criminal activity. There are activities that would require more than accusations. Most people would love a greater police presence in their neighborhood due to catalytic converter theft, speeding and package theft.

Law enforcement can watch (surveillance) in all the ways the public lawfully can. Plus, they can do things the public cannot, such as seek a search warrant. or an peace officer arrest. But for those, they could be required (by a defense attorney) to show justify those actions at some point, to a... View More

Your best best may be to reach out directly to criminal defense attorneys. Fees are going to vary some, especially for somewhere outstate like Becker County. Attorneys that have offices towards the Cities are likely going to have to charge for windshield time, especially if there are in person... View More

In Minnesota, everyone accused of a crime by the government has the right to a jury trial. That does not apply to a Minnesota "petty misdemeanor" since that is defined as not-a-crime, and no jail is possible. But for every criminal charge, there will be a jury trial, unless the charge... View More

The judge decided it instead? You must've waived your right to a jury trial. That would've occurred in court and on the record. None of us have seen the police reports. So there is no way to determine if the judge "got it right." But presumably, there must've been some... View More

An attorney is not going to be prepared who is retained the day for a hearing/trial. It is unclear from your question whether this is a criminal trial; an OFP/HRO hearing; a child protection trial; or something else. Your best bet is to go to the hearing and request additional time from the Court... View More

As a practical matter, the day before a trial begins is too late to retain an attorney in that case. That should be avoided by retaining an attorney near the beginning of a case. The best option "the day before trial" might be to ask the judge for a postponement of the trial, to allow... View More

If police give a person an administrative Notice of Revocation of driver's license, then it's important to file an "implied consent" court challenge to it, within the 60 day time limit (or it will be forever barred). However, most will want to do so ASAP, since the sooner the... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2023

Yes, it is possible to meet with lawyers before being formally charged with a crime. In fact, it can be beneficial to consult with an attorney as soon as you become aware that you are under investigation or may potentially face charges. This early involvement can help protect your rights, guide you... View More

Isn't the question really, "If a search warrant was executed and cash and alleged drugs were confiscated, what would the significance be of the receipt not having amounts?" Two come to mind. First, police and the prosecution may be doubted about later made claims about amounts, to... View More