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Minnesota Federal Crimes Questions & Answers
3 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: When did the USA start requiring bar certification for federal public defenders
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 28, 2018

This has always been required. A lawyer cannot practice in Federal Court absent being a licensed attorney.

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1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Minnesota charge dv and disorderly conduct. Deal dismiss dv and defer adjudication on the dc, would I be ban from gun
Thomas C Gallagher
Thomas C Gallagher answered on Oct 5, 2018

A misdemeanor domestic assault conviction causes a federal law gun rights disability under current law. The Minnesota Disorderly Conduct statute (609.72) includes three different provisions. One of those is "engages in brawling or fighting." I am aware of cases where police have used a... Read more »

1 Answer | Asked in Immigration Law, Federal Crimes and International Law for Minnesota on
Q: Can I still get a passport to travel outside of US, since I am no longer under probation?

I have served time in the work house for 2 and a half months in the state of MN. My probation ended in Jan 17, 2017 and was wondering if I can get a passport and travel outside say, the Philippines?

Carl Shusterman
Carl Shusterman answered on Apr 26, 2018

If you are a US citizen, you should be able to get a passport to travel abroad.

1 Answer | Asked in Federal Crimes for Minnesota on
Q: Can a federal AUSA prosecutor bar a spouse from attending a preliminary meeting sharing evidence before charges filed.
Thomas C Gallagher
Thomas C Gallagher answered on Jan 29, 2018

Since such a meeting would be by agreement of both sides, one side could set a condition like that. The other side would be free to refuse, or accept the condition. So the answer is yes, but by agreement. The target could refuse the meeting without the spouse, but then the AUSA could refuse to... Read more »

1 Answer | Asked in Federal Crimes for Minnesota on
Q: I'm on federal pre trial how likely do you think i'am to be released on probation since this is my first offense?

I signed a plea agreement to drop 3 other charges and to plead guilty to 1 count of attempted robbery

Thomas C Gallagher
Thomas C Gallagher answered on Oct 12, 2017

More information would be needed to understand how difficult it may be to get federal probation. If you had the Complaint or Indictment, criminal history and plea agreement, then one could determine the maximum sentence, any applicable statutory mandatory minimums, the presumptive sentence under... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Can you be charged with shooting a gun on camera if no gun is recovered
Thomas C Gallagher
Thomas C Gallagher answered on Oct 12, 2017

More information would be needed to consider that. If a person were charged with a crime related to possessing or firing a gun, the gun itself would be important evidence. If the only evidence of such a crime were a video recording, there may not be sufficient evidence of identity, or of the act... Read more »

1 Answer | Asked in Child Support, Criminal Law and Federal Crimes for Minnesota on
Q: Is the Administration child support unconstitutional by Minnesota Supreme Court?

If Supreme court Minnesota ruled it unconstitutional, are we bound to obey the Unconstitutional Order of interstate Commerce, while living in another State?

Lucas Wynne
Lucas Wynne answered on Mar 7, 2017

I assume you are referring to the Uniform Interstate Family Support Act (UIFSA) but I am unsure where you received your information. It is not unconstitutional for a state other than that in which you live to enforce a child support order against you. If this were the case, every person who wanted... Read more »

1 Answer | Asked in Contracts, Criminal Law, Family Law and Federal Crimes for Minnesota on
Q: Would emancipation wedding with someone I love help get them out of a charge with me that's 3rd degree sexual conduct?

I am 16 and my boyfriend is 22 he just turned 22 not even a month ago. Me and him have been dating awhile and I hate where I live and have been wanting to live with him and start our lives. (I know I am young but I am mature enough). While with these charges would we still be able to get married... Read more »

Lucas Wynne
Lucas Wynne answered on Mar 3, 2017

Consent is not a defense to the statutory rape of a minor in the state of Minnesota. Thus, marrying this individual would not result in the charges being dropped. Further, the marriage would require parental consent. I suspect the state would not take too kindly to your parents granting you consent... Read more »

1 Answer | Asked in Federal Crimes for Minnesota on
Q: What does it mean to affirm the conviction, vacate the sentence, remand for resentencing applying the ACCA enhancement ?
Joseph A. Gangi
Joseph A. Gangi answered on May 13, 2015

It means your conviction is affirmed, but there was an error in sentencing. The appellate court decided that you should have been sentenced as an armed career criminal so your case will go back before the judge and your sentence will in all likelihood increase.

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