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Telling me I was learning the facts from the prosecutor as I was taking the plea . My attorney had me take a plea for a 5th degree when only half the evidence was sent to the bca and the amount was .25. she wants me to plea guilty to a fifth degree. I have sentanceing this a.m.
answered on Sep 5, 2024
A defendant can make a motion (ask the judge) to withdraw their prior guilty plea. The judge could grant or deny that motion. Note that under the Minnesota Rule of Criminal Procedure, the legal standard for a judge allowing plea withdrawal is higher (more difficult) after sentencing than before.... View More 
answered on Aug 27, 2024
Is this restitution from a criminal conviction or are you using the term in the general sense? In either case, most attorneys who deal with civil disputes in general practice can assist you. Firms that specialize in personal injury probably not. You and your attorney will need evaluate the... View More
answered on Sep 3, 2024
The defense can file a motion to suppress evidence based upon an illegal traffic stop. If the judge grants it, all evidence police obtained as a result of the illegal traffic stop would be suppressed by the judge. Almost always, this results in the criminal and traffic charges being dismissed.... View More
He asked where we going and why we went the way we did. He asked for driver ID. Driver asked why we were pulled over. Officer responded with "I will tell you after I see your ID".
answered on Sep 18, 2024
In Minnesota police must justify a traffic stop with "reasonable articulable suspicion of criminal activity" or an observed traffic law violation. These are based on facts that the officer can articulate, later to a judge. A driver must have a valid driver's license to lawfully... View More
Radar at 20 - 24 in 55 (unsure exactly, but either coming to stop, or accelerating from stop), stopping too long at stop sign (5 - 10 seconds (7)), and claims license plate lights non functional was the reason for stop. They may be dim, but ARE fully functional.
answered on Sep 3, 2024
Police can lawfully stop a driver if they observe a violation, or facts amounting to "reasonable, articulable suspicion of criminal activity." Since Minnesota laws requires a working plate light, lack of one can be a lawful basis for a stop. If working, but police claim the contrary, a... View More
answered on Jul 28, 2024
Quite often individuals ask in this forum (and similar online forums): how much jail/prison time am I going to do for my crime or other penalties? Frankly, we have no idea. It depends on many factors. (e.g. specific charges, defenses, evidence, criminal record, legal representation, place where... View More
answered on Jul 28, 2024
Quite often individuals ask in this forum (and similar online forums): how much jail/prison time am I going to do for my crime or other penalties? Frankly, we have no idea. It depends on many factors. (e.g. specific charges, defenses, evidence, criminal record, legal representation, place where... View More
answered on Aug 22, 2024
If you are prohibited from possessing a firearm due to a prior felony charge, being caught with a felony could result in a charge for unlawful possession by an ineligible person pursuant to Minnesota Statute 624.713. This is a serious felony charge which carries significant prison time. However,... View More
I have waited 113 days for an evaluation to take place and finally a doctor called me to do a video conference to complete the evaluation. I have found that she is a licensed psychiatrist but is not licensed in this state only in two other states does this seem like a legitimate situation? I... View More
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answered on Jun 29, 2024
This is a complex situation that raises several important legal and procedural concerns. Here's an analysis of the key points:
1. Competency evaluation timing: The 113-day wait for your evaluation is significant. Many jurisdictions have specific timeframes for competency evaluations,... View More
I got pulled over got a 5th degree and a dui. They charged me a year later and also they charged me separately a week apart dui charge then 5th degree a week later so now I’m on probation for one and bail for the other. I have no criminal history and I know they’re doing this on purpose THE... View More
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answered on Jun 21, 2024
I understand you're in a difficult situation and feeling frustrated with the legal process. While I can't provide specific legal advice, I can offer some general information and suggestions that may be helpful:
1. Multiple charges from one incident: It's not uncommon for... View More
I got pulled over got a 5th degree and a dui. They charged me a year later and also they charged me separately a week apart dui charge then 5th degree a week later so now I’m on probation for one and bail for the other. I have no criminal history and I know they’re doing this on purpose THE... View More
answered on Jun 11, 2024
It sounds like you were pulled over on suspicion of a DUI and the police officer searched the car and allegedly discovered a controlled substance in the vehicle. It is pretty atypical for someone to be charged separately for alleged offenses arising from the same incident, but it is permissible and... View More
I'm asking because my p.o has Threaten to put me back on a 90 day violation for smoking (street weed) thas pot that's not from a dispensary.
And now on top of that, she wants me to do MRT
And my insurance won't cover it. And she told me. I'm ether gonna pay... View More
answered on Jun 3, 2024
You need to follow your conditions of supervised release. If supervised release requires sobriety, you need to remain sober. If you have a prescription for medical marijuana, then you need to get your pot from a dispensary. I'm not sure why she is requiring you to do MRT, but you are likely... View More
Very strange a group home house owner stolen $10,000.00 my property only because I reasoned to move forward yes exit premises yes the move was legal yet he offered a different property (residence) no diffilculty in haveing rent payments made, legit!
answered on May 31, 2024
Given the small amount of money involved, it would not likely be worth the administrative overhead of setting up the file even if you were paying the attorney on an hourly fee basis. And it's way too small for a contingency fee. Most very small cases like this (under $15,000) can be... View More
I drive through bad parts of town to pick up my daughter for her time with me. I do not have a permit to carry. But I do know it's legal to carry at home or between work and home. Could this be applied in an argument where I like to be armed when traveling with my children.
Ideally, I... View More
answered on May 29, 2024
You can carry your firearm in your vehicle as long as it is unloaded and in the closed trunk of your vehicle. If you want immediate access to the firearm, you need a permit to carry. The law does not regard self-defense as an excuse to not not have a permit to carry.
You can apply for a... View More
I drive through bad parts of town to pick up my daughter for her time with me. I do not have a permit to carry. But I do know it's legal to carry at home or between work and home. Could this be applied in an argument where I like to be armed when traveling with my children.
Ideally, I... View More
answered on May 29, 2024
No, you cannot legally carry a gun while picking up your daughter.
Minnesota Statutes, section 97B.045, prohibits transporting a firearm in a motor vehicle unless the firearm is unloaded and either:
Fully secured in a gun case expressly made for that purpose, where the case is... View More
I drive through bad parts of town to pick up my daughter for her time with me. I do not have a permit to carry. But I do know it's legal to carry at home or between work and home. Could this be applied in an argument where I like to be armed when traveling with my children.
Ideally, I... View More
answered on May 29, 2024
Get a permit. You cannot legally transfer a loaded gun without a permit. You certainly could be charged with carrying in public without a permit and there is no guarantee that anyone is going to simply accept a claim that you acted in self-defense.
I drive through bad parts of town to pick up my daughter for her time with me. I do not have a permit to carry. But I do know it's legal to carry at home or between work and home. Could this be applied in an argument where I like to be armed when traveling with my children.
Ideally, I... View More
answered on May 29, 2024
"Say I was forced to use lethal force to defend myself and children from say a carjacking?" There is too much to fit into an answer here. But I'll try to get you started in your research. First, in Minnesota such a person carrying a firearm without a permit would be charged with that... View More
Court clerk didnt remove the hold without bail or bond part on the mcro so now it has it saying no bond and bail set at 10k (which is the correct one). me and the bondman are having such a headache with us. What’s the fastest way I can get this corrected
answered on May 13, 2024
This isn't something that is going to happen over a weekend. A human being will need update MNCIS which is the court information system. MCRO simply reflects what has been entered into MNCIS. Call first thing today to see what can be done to get this addressed.
If you are being robbed at gunpoint, but you defend yourself with an illegal glock what would you get charged with
answered on May 4, 2024
You reach out directly to criminal defense attorneys and get one on board immediately. You are facing a potential murder charge here, along with possession of a ghost gun. It also raises the question if you are legally permitted to possess firearms which then creates a potential felon in... View More
I am currently facing five pending felony charges that have arisen from false accusations by my husband's ex-wife in a custody battle. She has a history of making unfounded claims, including allegations of harassment and stalking, which are untrue. The children involved have expressed missing... View More
answered on May 2, 2024
A lawyer cannot give legal advice about a plea agreement vs. trial, without being the attorney of record, after thorough review and time spent with the known facts, discovery from the prosecution and other facts and evidence; as well as research into laws that could relate to those. As a general... View More
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