James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

I'm sorry to hear about this difficult situation. Here are a few suggestions that may help:

- Document everything you can remember about the incident, including the date, time, location, vehicle description, driver's identity if known, and any injuries or damage caused. This could... View More

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answered on Feb 25, 2024

Creating hand-drawn copies of U.S. currency, even if not intended to be used as real money, can navigate a fine line legally. Under U.S. law, reproducing currency with the intent to deceive is illegal. However, the law allows for the creation of illustrations of currency under specific conditions,... View More

When a person is convicted of a crime and ordered to pay restitution as part of their sentence, then that person dies prior to discharge from that sentence without having paid restitution; the court loses jurisdiction over the person after their death. But you might want ot check with the... View More

The victim will undoubtedly need to take steps if restitution is to be satisfied. Two big questions would be 1) how much is owed; 2) did the deceased have any money? I would call victim services and the prosecutor office to start.

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answered on Feb 24, 2024

Removing your illegal window tint while you're being pulled over by a police officer isn't a good idea. First and foremost, it could be perceived as suspicious behavior, potentially escalating the situation unnecessarily. Additionally, doing so might cause the officer to become more... View More

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answered on Feb 15, 2024

In Minnesota, while it might be physically possible to remove illegal window tint if you're pulled over by a police officer, doing so would not be advisable. This action could be viewed as tampering with evidence or obstructing a police investigation. Even if you remove the tint before the... View More

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

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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

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

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