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Minnesota Federal Crimes Questions & Answers
2 Answers | Asked in Federal Crimes, Libel & Slander and Juvenile Law for Minnesota on
Q: What are the consequences if someone presses charges on you for throwing lemonade on their parked car?

No one was inside the car. There was no damage. Maybe made a tiny section of the car sticky. The person however is accusing us of keying the car. We did not.

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 27, 2020

Only the police or a prosecutor can initiate a criminal investigation and charge. A person can complain to police, who might or might not investigate. If police do investigate, avoid talking to them. Talk to a criminal lawyer first. Apart from legal action, it's a good idea to respect... View More

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3 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: Is there anything that clearly defines "plain sight", either federally or in Minnesota law?

I believe that the case against me is questionable as they used "plain sight" as reason to pull me over after they searched my vehicle in my absence. Unlit parking lot, tinted windows, an hour and a half after sunset. But for the life of me I cant find a clear definition of what... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 11, 2020

The term that you are looking for is "plain view." "Plain view" occurs when law enforcement is in a law enforcement is in a location that they are allowed to be in and they see something that is contraband without having to manipulate the object. So for example, if an illegal... View More

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3 Answers | Asked in Constitutional Law, Domestic Violence, Federal Crimes and Native American Law for Minnesota on
Q: i was recently convicted of assaualt resulting in serious bodily injury in which there was,no statement by the vicvictim

pertaining i was the one that assaulted her and nor did she show to testifie in trial,in which i was still found guilty

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 15, 2020

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... View More

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1 Answer | Asked in Federal Crimes for Minnesota on
Q: in Ted Bundy's court cases and trials, how was he able to represent himself and get so well known and favored for it?

What were his arguements and how did the court proceed to convict and order his penalties?

William Bailey
William Bailey
answered on Jan 26, 2020

This site isn’t designed to substitute for that kind of research. There is plenty of information on bundy available on the web for you to read up on.

1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: What does it mean when you’re charged with kidnapping to facilitate felony or flight

There’s two charges for that, along w aggravated robbery and trespassing somewhere he was ordered to stay away from

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 26, 2019

Here is an excerpt from Minnesota's current kidnapping crime statute: "609.25 KIDNAPPING.

§ Subdivision 1. Acts constituting. Whoever, for any of the following purposes, confines or removes from one place to another, any person without the person's consent or, if the person...
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1 Answer | Asked in Federal Crimes, Personal Injury and Criminal Law for Minnesota on
Q: Need lawyer to do paper work for federal tort claim against bca and a agent have all evidence paper work .. there admit

They arrest me sat in jail month bailed out trial began then they stoped. Bca brought to courts attn they made error in there records I had fulfilled my duty as of 9_17 arrested 5_18 for supposed crime ..now there saying they wanna expungement court under Judical inherent authority..for me...... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 29, 2019

It is unclear what your "federal tort" claim might be. Contact civil rights attorneys directly about this issue.

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... View More

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... View 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... View 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... View 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... View 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... View 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... View 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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