It's possible. Generally the prosecutor can request an arrest warrant go interstate. Generally they do in felony cases, and they can in misdemeanor cases. Probably the key issue for them is cost. If a fugitive is caught outside the home-state of the court with the criminal case, the other... View More

I don't what relevance the prior alcohol conviction would have relative to the domestic assault allegation. Domestic Assault allegations are notoriously hard to prove especially if there aren't signs of physical injury. Especially given that she had motive to make up the allegations.... View More

Speak with an attorney. If you were not properly served, you may be able to reopen the case.

This appears to be a duplicate question. I answered the question as it was listed under immigration.

The interference with a 911 call is a gross misdemeanor offense. He will need an attorney on that and likely will need an attorney to handle the immigration issue as well. He should not handle these on his own.

I would suggest you hire a family law attorney to help you.

You do not have the option of dropping the charges. That is a decision to be made by the prosecutor. You certainly can contact the prosecutor and explain how you stretched the story. That prosecutor will ultimately make the decision about whether they are going to move forward with prosecuting... View More

There are statutes of limitations that might apply in terms of your step-father facing criminal charges so it depends on low long ago these events occurred. There are certainly other avenues to pursue other than criminal charges especially if you are concerned about the safety of parishioners at... View More

It generally means that was convenient for the authority holding the person, nothing more. Sometimes it can negatively affect the defense attorneys access to the defendant, if the distance is substantially more.

It depends on the misdemeanor it was dropped to. If it was a disorderly conduct, you might have some chance of possessing a firearm. If it was a misdemeanor domestic, you are subject to a lifetime ban under federal law.

It is not necessarily too late to file a police report. The offense you are describing is called a Terroristic Threats. The question is whether a prosecutor's office would charge out the offense five months later. That is an entirely different proposition.

That would be difficult to prove. There are urine tests that can be used to determine if someone has previously consumed alcohol, even if they are not currently under the influence. The most common test is an ETG test. I am unaware whether these tests are available to general public or if they... View More

You can talk to him, but he cannot respond or talk to you. If he does that is a violation of his conditions of release and in all likelihood a new crime. I would avoid him until that restriction is lifted. It is fraught with danger and you run the risk of placing him in more trouble than he is... View More

This is not a violation of the order unless the order prohibits the mother from contacting the soon-to-be ex-wife. Arguably, the soon-to-be ex-husband could be charged via third party contact. However, if he is in jail and the phone calls/visits are recorded, it should be clear whether he was... View More

Luke Neuville Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2018

You’re not required to have a lawyer but I would recommend it. When your petitioning the court for an OFP you must prove that domestic abuse has occurred by a family or household member. When requesting an OFP on behalf of a minor child, you must show abuse against the child as well. It is... View More

I'm not sure I understand the question. If the question is: "when a criminal charge in Minnesota is normally a misdemeanor but can be enhanced to a gross misdemeanor if there is a similar prior with a time period stated in the statute, does that time period start with the date of the... View More

Luke Neuville Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2018

Generally, yes, you can get a restraining order or order for protection if there is physical abuse. If the court grants your request, no contact with your residence could be included. If there is physical assault or more than one incident of intrusive or unwanted acts that have a substantial... View More

The most effective way to overcome the stubborn refusal of prosecutors to dismiss a domestic assault charge is to retain a lawyer to represent the main prosecution witness (the victim of the prosecutor). This should be a criminal defense lawyer. Most will also represent witnesses in this... View More

You can hire any attorney who is licensed by the State of Wisconsin and in good standing. You can hire any other attorney so long as he or she is admitted pro hoc vice.

I question why you do not just ask your former classmate these questions. Attorneys have certain ethical requirements... View More

You will need to petition for expungement. If your petition is successful, the records will be sealed, but not destroyed. The process is complicated so I suggest you work with an attorney familiar with these petitions.