Lawyers, Answer Questions  & Get Points Log In
Minnesota Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: Can i find an attorney for a trial that starts tomorrow for False Allegations of Sexual assault and Maltreatment, MN?

Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 29, 2023

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

View More Answers

2 Answers | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: Can i find an attorney for a trial that starts tomorrow for False Allegations of Sexual assault and Maltreatment, MN?

Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 29, 2023

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

View More Answers

1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: recently lost my DL due to test results that came back positive, what is the next step to getting my license reinstated?

I was parked in a gas station parking lot when an officer pulled in behind me activating his lights, he claimed he was pulling me over for a loud muffler. I did in fact have an exhaust leak. The officer stated my eyes were red ( explained due to the exhaust leak) he asked me to take a field... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 26, 2023

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

3 Answers | Asked in Criminal Law for Minnesota on
Q: I know I will be charged. Is it possible to meet with lawyers before being charged?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label 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

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on
Q: If a search warrant was executed and cash and alleged drugs were confiscated does the receipt have to have amounts?

For money and drugs

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 21, 2023

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

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can I get in trouble if people I know attack my ex boyfriend if he blames me for it?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2023

In Minnesota, if people you know attack your ex-boyfriend and he blames you for it, you could potentially face legal consequences depending on your involvement in the incident. If you had any role in planning, encouraging, or inciting the attack, you could be held legally liable for your actions.... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: I was caught on camera 26 time.forgetting to scan something…over a period of time . They stopped me and call the police.

he gave me a citation and told me to watch for a court date and this was at her yet what do I need to do? I do feel I rush and don’t pay attention to close when scanning or missing….. please give me advice

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 17, 2023

First, do what needs to be done to ensure that never happens again. (Perhaps, never use to self-check out lane again.) Next, set a goal for outcome in the criminal case. (Perhaps "avoid a conviction record.") To help accomplish your goal, get help from a criminal defense lawyer, either... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: I was caught on camera 26 time.forgetting to scan something…over a period of time . They stopped me and call the police.

he gave me a citation and told me to watch for a court date and this was at her yet what do I need to do? I do feel I rush and don’t pay attention to close when scanning or missing….. please give me advice

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 18, 2023

The phrasing of this question is a tad confusing. I’m not sure if this is one instance or a series of instances (reference to over a period of time). In any event, you need to take this seriously, a theft on your criminal record is going to carry long term consequences for employment, housing,... View More

View More Answers

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Minnesota on
Q: I'm in Minnesota I have a medical marijuana card and my parole agent does not want me to use marijuanacan I be violated
Sarah Gad
Sarah Gad
answered on Aug 2, 2023

Technically, they can violate you for it (depending on the county) but you could overcome this by seeking a court order from a judge permitting you to use marijuana for legitimate medical reasons. In an ideal system, you would not be violated for taking your prescribed medication, but laws can... View More

View More Answers

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Minnesota on
Q: I'm in Minnesota I have a medical marijuana card and my parole agent does not want me to use marijuanacan I be violated
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 2, 2023

Minnesota now calls what was once called "parole," by the term "supervised release," to describe the period after a state prison inmate is released from prison, but subject to compliance with conditions which, if violated, could result in a return to prison. The Minnesota state... View More

View More Answers

3 Answers | Asked in Criminal Law for Minnesota on
Q: If wife and son were subpoenaed on a misdemeanor domestic. Do they have to go to court and testify against their hub/dad
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

In Minnesota, if your wife and son have been subpoenaed to testify in a misdemeanor domestic case, they are legally obligated to appear in court. Failing to comply with a subpoena can result in legal consequences. However, they may have the option to assert their Fifth Amendment right against... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: Does law enforcement have to tell you that your under arrest? To understand the context of what I mean

I was once stopped and the officer after he ran names and plates of the car etc. came to the window asked me to get out of the car, and I did walked to the back of it, told me to put my hands out and he searched me and handcuffed me and walked to his squad and put me in the back and the only thing... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 19, 2023

Typically an officer would tell you that you are under arrest and typically you would be informed what you are being arrested for. The fact that the office did not do that, is not necessarily going to result in a remedy. But there could be something here if you were questioned after arrest... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: Does law enforcement have to tell you that your under arrest? To understand the context of what I mean

I was once stopped and the officer after he ran names and plates of the car etc. came to the window asked me to get out of the car, and I did walked to the back of it, told me to put my hands out and he searched me and handcuffed me and walked to his squad and put me in the back and the only thing... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 19, 2023

Police generally try to delay what a court may later view as "the moment of arrest." Why? Because at the moment of arrest, the judge can scrutinize whether the police officer had "probable cause to arrest" at that time (disregarding information the police officer learned later... View More

View More Answers

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: Can a criminal investigation not resulting in charges be removed from public record through a process somehow?

In Minnesota, Criminal Investigations are available to the public after they are inactive, no longer being investigated whether charges were filed or not. The case investigated where I was the suspect was because of my therapist illegally reporting a potential crime where he broke confidentiality... View More

Robert Kane
Robert Kane
answered on Jul 11, 2023

An attorney can certainly assist you with this endeavor. Some attorneys offer reason rates. Some do not.

If you were arrested but were never charged with a crime, OR if the case was dismissed before a criminal complaint was filed against you, you may be able to request that the...
View More

3 Answers | Asked in Criminal Law and Municipal Law for Minnesota on
Q: Can one have a case dismissed if city attorney lies to the court for a change of a trial date?

Audio recording from city attorney saying emergency surgery, I have proof the city inspector was in the Philippines visiting his new internet girlfriend. Code violation and years of being harassed by the city. Lies on the probable cause. Not on the city hit list of violators, no complaints, no... View More

Robert Kane
Robert Kane
answered on Jul 8, 2023

No, a case will not be dismiss a case if city attorney lies to the court for a change of a trial date. The continuance would have been denied, but little more than a shot to his credibility. Can you prove the attorney knew? Maybe that's what the city inspector told him. Maybe he had surgery... View More

View More Answers

3 Answers | Asked in Criminal Law and Municipal Law for Minnesota on
Q: Can one have a case dismissed if city attorney lies to the court for a change of a trial date?

Audio recording from city attorney saying emergency surgery, I have proof the city inspector was in the Philippines visiting his new internet girlfriend. Code violation and years of being harassed by the city. Lies on the probable cause. Not on the city hit list of violators, no complaints, no... View More

Sarah Gad
Sarah Gad
answered on Jul 5, 2023

In my opinion, a documented lie by a city attorney that is unrelated to the factual basis for a criminal charge probably would not directly result in the dismissal of that charge. This is especially true if if there is probable cause and corroborating evidence to support the charge (a city... View More

View More Answers

1 Answer | Asked in Criminal Law, Domestic Violence, Military Law and Health Care Law for Minnesota on
Q: 7 yrs after supposed suicide why would the ME office send back a partial police report that's fake? Is that my proof?

I have proof against an abuser/drug dealer who's been somehow discrediting me and changing legal docs at court house. If I prove the abuse, it'll prove two deaths are NOT suicide. And struggling getting my Mayo Clinic medical records sent to the VA cuz have proof of abuse! I have been... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2023

I'm sorry to hear about the difficult situation you are facing. It sounds like you have been through a lot and are trying to uncover the truth about the deaths of your ex-husband and stepson.

If you believe that the medical examiner's office has sent you a partial police report...
View More

2 Answers | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: Likely possible that my 2nd 5th degree charge and Dui offense after having a adjudication sentenceing placed

15 days after the adjudication sentenceing I received a 2nd 5th degree and Dui charge but had started completing requirements of getting probation officer and starting treatment iv completed some of treatment that granted me lower my risk assessment to minimal and have passed required urine test... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jun 13, 2023

A person who picks up a new, similar charge following sentencing on a first Controlled Substance 5th Degree offense, will be in a tough situation. The most likely outcome on the stay of sentence on the first conviction, would be the judge revoking the stay. But, each case is different and... View More

View More Answers

2 Answers | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: Likely possible that my 2nd 5th degree charge and Dui offense after having a adjudication sentenceing placed

15 days after the adjudication sentenceing I received a 2nd 5th degree and Dui charge but had started completing requirements of getting probation officer and starting treatment iv completed some of treatment that granted me lower my risk assessment to minimal and have passed required urine test... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 13, 2023

Your question is a tad confusing, but it's fair to say that if you committed a 2nd 5th Degree assault 15 days after you were sentenced on a prior matter that you have big problems. If you are convicted of the new offense, you would be in violation of probation. I can only assume that you... View More

View More Answers

4 Answers | Asked in Criminal Law for Minnesota on
Q: A different state used a California conviction to enhance their sentence. Is that legal?

The conviction in California was a no-contest plea, and out-of-state enhancement wasn't part of the deal.

Sarah Gad
Sarah Gad
answered on Jun 12, 2023

This is a good question.

Based on the information you provided, I will answer this under the assumption that Minnesota is the jurisdiction that is using the California conviction to enhance the sentence, and the California conviction was recent (i.e. less than 15 years old). In this case,...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.