What will happen when you missed your sentencing court date and have failure to appear warrants but you where originally ror with conditions of release being 2 years probation. What will happen when you turn yourself in on the warrants and to what your conditions of release change for having the... Read more »
You don't provide nearly enough information to intelligently answer what you might be facing when you are sentenced. There is no information here about what the charge was or what your criminal history is relative to your potential sentence. Courts have certainly been processing in custody...Read more »
They are for a DUI and a domestic and for violating a danco. He had missed his sentencing court date on 1/29/20 and the domestic and the violation would have been dropped that day as I had to talk to people because the judge was the one who was pressing the charges for the domestic as I did not... Read more »
It's been six months since he missed court. The likelihood that the warrants would be dismissed under the circumstances without him at least having to turn himself in is non-existent. He would need to be held for an appearance before a judge so that conditions of release could be set. He...Read more »
Your best bet would be to submit a written request to cancel the no contact order. You will need to provide copies to the prosecutor and the defense attorney. It is no guarantee that the no contact order will be dismissed. Ultimately, that is a decision for the judge to make and will depend what...Read more »
I am being charged with a first degree burglary crime. I was offered a plea agreement which would reduce the sentence to a second degree. I am from Minnesota and there are circumstances and information that has not been considered in this case. I believe that if the judge were aware of the... Read more »
ive asked for an OFP but it was costly and the judge recommended working it out. the police say he can stay here and we have to work it out. he has never paid rent, no utilities and has Coherced me into spending most of my inheritance over the past 2 years in the amount of $40k. hes verbally... Read more »
An OFP should not be costly. There is no filing fee for the petitioner and the court is required to grant the OFP if the court believes that there has been domestic abuse. I would suggest seeking an OFP to protect you. The OFP would exclude him from the residence.
My step dad goes into blind rages and verbally and emotionally abused me and kicks me and my siblings out of the house, when I leave the house because I don’t feel safe which is legal in Minnesota they threaten to take away everything like my phone and car to get me to come back to where I... Read more »
First let me say how sorry I am for this difficult situation you are in, and you should seek assistance. As far as emancipation, Minnesota Statutes do not provide either the grounds or a procedure for emancipation. Minnesota case law has established that a minor can be emancipated by a legal...Read more »
My warrant is out of Anoka Co. MN for failure to turn myself in for failing to complete a dwi MADD IMPACT CLASS. My husband made it so I had no way to get to the classes on purpose, I've paid for the classes but was unable to go. I cannot go to jail, he has threatened to sell all my belongings... Read more »
You obviously have a couple of issues going on here.
One, is your warrant. I would suggest getting in touch with the Anoka County Public Defender. You are unemployed so you would obviously qualify for a PD. Explain the issue that you are dealing with and an attorney in the office may be...Read more »
The certificate of representation is a statement by an attorney that he or she is representing a party in a case. An affidavit of service by mail is a statement under oath that a party was served by mail with a document.
So my ex wife and I both filed at the same time a ofp I was originally present we adjourned I didnt make it back for court to reconvene so per state law mine was dismissed and my exs was granted I filed a motion to have it rehearse and I refiled my original ofp the chief judge granted to hear my... Read more »
The motion that you filed to rehear your request for an OFP would not address the issuance of her OFP against you. So to my knowledge, the OFP from the first hearing should still be in place. In any event, you would receive written notice if the original OFP was vacated or dismissed.
It was originally a Domestic Assault-Misdemeanor-Intentionally Inflicts/Attempts to Inflict Bodily Harm though was dismissed and then pled down to what I previously said in the beginning. I only admitted to Yelling at the victim in court which was part of the plea deal. Does it bar me from owning a... Read more »
A person with a 609.72, subd. 1 (3) conviction does not lose their civil rights to firearms in Minnesota. If there is a problem, check the court's records directly to verify that the conviction is for Minnesota Statutes Sec. 609.72, subd. 1 (3) - exactly. If the court conviction record shows...Read more »
During the hearing I was late to court both me and my ex wife filed motions for protection hers only listed her three boys and her self where as mine listed me and our daughter, now my motion was dismissed due to not being on time but I'm refiling my motion of protection but after the hearing... Read more »
You could certainly file a motion to reconsider the addition of your daughter to your ex-wife's order for protection. I doubt that you will have much success refiling your request for an OFP since you showed up late. The Court system is not set up to allow for successive requests for orders...Read more »
She will be facing a charge of filing a false police report. That charge is a gross misdemeanor in Minnesota. It is punishable by up to a year in jail and a $3000 fine. However, if this is a first offense for her, it would be highly unlikely she would serve any jail time.
There’s not really a question here but you should file an appeal if you believe that you were wrongfully convicted. I presume that the government had other evidence such as third party witnesses or out of court statements, but it’s impossible to weigh in on the conviction with the limited...Read more »
was woken to girlfriend yelling throwing my stuff. jumped up and grabed the back of her neck to retrive my phone before she threw it. then right away went and got dressed to leave as she called police. what can i do?
You need to get an attorney on board ASAP. Police will likely be investigating you for an allegation of domestic assault. This is a serious offense that you should not handle on your own. You should have representation prior to making any statement to law enforcement.
By bf and I have an ofp and also a danco. I have court this wed to ask to modify the ofp as I'm pregnant and want phone calls and for him to attend my Dr appts. Hes in treatment. If they grant the ofp modification does that go for the danco as well or do I have to do something else for the... Read more »
If there are multiple orders prohibiting contact they would all need to be modified in order for contact to be allowed. If only one is modified, the other would remain in effect and contact would be a violation.
My bf is being charged with 2nd deg assault w/dangerous weapon. I don't want to testify as I dont want him to go to jail. The issue was he was on drugs and now in a long term treatment program. I wanted him to get help for his issues. He is pleading not guilty and taking it to trial. If I get... Read more »
I’m being charged w/disorderly conduct as a result of my fiancée calling/lying to police during a bad argument. He told the officer that I hit him during this, when I did no such thing. In my struggle to get away from him (I was pinned up against a wall) the most I did was yell loudly for my... Read more »
There is a chance to get the charged dismissed or keep it off of your record. The way to accomplish this is by hiring an experienced criminal defense attorney. An attorney can work to minimize or perhaps completely avoid any consequences for the allegations that have been made against you.
Or health of the child. What is included in this? Is asking who is gonna pick up my daughter or where someone will meet me to get her something that would be allowed to be asked or could I be arrested for that?
In my mind, discussing pick up and drop off would fall under discussing parenting time. But you certainly should not meet her or have any contact with her outside of the OFP. You should not argue with her. You should not even respond to contact that addresses issues outside of the OFP.
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.