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Minnesota Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law for Minnesota on
Q: Signed my brother out of juvenile court if he gets in trouble am i legally responsible for him?

If he gets in trouble what happens to me? Am I legally responsible for him now and if so is he suppose to be in my custody? They just had me sign him out and never explained anything to me

Thomas C Gallagher
Thomas C Gallagher answered on Sep 29, 2019

You are responsible for your actions. As long as you are not part of a plan to commit a crime, and avoid committing a crime with another, there is little more you can do to avoid trouble.

1 Answer | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: Is there anyway for her to not go to jail?

I’m 17 and I got into a fight with an 18yr old and now she is facing 60days in jail for assaulting a minor. It was a stupid fight and we made up and are now friends and I really don’t want her to go to jail over something I kinda started. Is there anything I can do to help her?

Thomas C Gallagher
Thomas C Gallagher answered on Jul 2, 2019

Yes, though it will take persistent effort on your part. Typically, there is one prosecution witness. If that witness refuses to cooperate by appearing at the trial, the prosecution may be dismissed. Prior to that, the witness can persistently communicate his or her desire that the prosecutor... Read more »

1 Answer | Asked in Juvenile Law for Minnesota on
Q: My boyfriend ia 17, and had a warrant out for his arrest. He got picked up and sent to JDC. How long is it going to be?

-JDC in Ramsey County, MN

- its been 4 days so far

- this isnt his first offense

-He was on probation

How long is it going to be? (Meaning, when will I see him again? Will I be able to talk to him soon?)

Thomas C Gallagher
Thomas C Gallagher answered on Jan 13, 2019

No one could answer that question with the given information. People held for probation violations tend to be locked up longer, than those who only are facing a new charge. Contact the jail to see if they allow visiting hours for juveniles. If he was charged with a felony at age 16 or older, his... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence and Juvenile Law for Minnesota on
Q: What are the charges if a juvenile lies about a domestic assault that didn’t happen?
Thomas C Gallagher
Thomas C Gallagher answered on Oct 22, 2018

The question is unclear. What happens to false charges? Or what happens to a person who makes a false allegation? Much will depend upon the full picture of all the circumstances. A happy or sad ending is possible for either. Caution is warranted. Beyond that that maybe a phone call would... Read more »

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1 Answer | Asked in Criminal Law, Traffic Tickets, Juvenile Law and Municipal Law for Minnesota on
Q: I had a municipal marijuana charge in Missouri when I was 17 out of state and now I'm 18 but wasn't able to make it to

Court when I was 17. I don't know what happend to the charge, would it get dropped or would I have a warrant for my arrest out there?

Thomas C Gallagher
Thomas C Gallagher answered on Oct 16, 2018

If it's a question about a Missouri case, you could post the question under the appropriate Missouri category so that a Missouri lawyer will see it, and perhaps answer it for you. In case you weren't aware, this was posted in Minnesota, the wrong state for the question.

1 Answer | Asked in Juvenile Law and Sexual Harassment for Minnesota on
Q: If I am 17 and my partner is 14, would it be illegal to date, kiss, makeout, or leave hickies?
Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 7, 2018

As long as your partner gives full consent, based on the information you provided, it is not illegal.

If the younger person is older than 13 and younger than 16, the older person may not be more than 48 months older.

1 Answer | Asked in Business Law and Juvenile Law for Minnesota on
Q: In Minnesota are there regulations regarding minors and being on a board for a nonprofit organization?
Joseph A. Gangi
Joseph A. Gangi answered on Jan 18, 2018

Look at section 317A.205, which currently provides: "The qualifications and method of election or appointment of directors may be imposed by or in the manner provided in the articles or bylaws, provided that directors must be natural persons and a majority of the directors must be adults." It is... Read more »

1 Answer | Asked in Juvenile Law for Minnesota on
Q: What can the charges be for auto theft and Resisting an officer? (Juvenile)

So my bestfriend just got out of JDC on Dec. 29 2017. On Jan. 2 2018 my bestfriend and his friend were driving around and had gotten pulled over. His friend had stolen the car and my friend didn't know. So when they got pulled over my bestfriend got out and ran (They also had marijuana in the car).... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jan 7, 2018

It sounds like the situation is complicated beyond what is written here. But form is written here, it appears your friend is possibly facing a felony charge in juvenile court in Minnesota, related to car theft, riding in a stolen car, or possession of marijuana. If he already has a probation... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: My 9 year old daughter has molested my 4 year old daughter on several occasions.

I called the PD the night, I caught this happening. They said because she is still 9(4 days before she turned 10) that they could not do anything but recommend therapy. I spoke to my eldest daughter and she described in details where she touched my 4 year old and why she did it. I recorded this... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Dec 30, 2017

Children under age ten cannot be prosecuted for crimes in juvenile court, due to a statute that deems them incompetent at that age. It is questionable whether prosecuting ten year old and requiring them to register as predatory offenders for a minimum of ten years up to life, really is going to... Read more »

1 Answer | Asked in Juvenile Law and Criminal Law for Minnesota on
Q: Can you take legal action against 21 yr old man for hanging with a minor?...Restraining order? Something?

14 year old family member was found at hotel with her friend and also a 21 year old, against parents wishes.

Thomas C Gallagher
Thomas C Gallagher answered on Dec 6, 2017

In Minnesota, a parent can Petition the Court for a Harassment Restraining Order under certain circumstances. Details can be found following links on this page from the Court: http://www.mncourts.gov/Help-Topics/Domestic-Abuse-and-Harassment.aspx

1 Answer | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: What would be my consequences if I fought a person in school i'm a high school senior and he is a junior

I'm going to fight this kid and I hate the unknown so what will the consequences be

Thomas C Gallagher
Thomas C Gallagher answered on Nov 20, 2017

One can never know for sure the future consequences of our actions. But fighting someone outside of a combat sports athletic context could be charged as an assault crime in Minnesota. The severity level of the criminal charge could depend upon several factors, including the level of harm. People... Read more »

1 Answer | Asked in Juvenile Law for Minnesota on
Q: Police police gave citations to everyone who drank underage. They got my info down but didn’t write my citation.

Will they mail it to me? Or how does it work.. I talked to the cops about it and they just kept saying “the instructions are on the back of the citation” but the thing is, they didn’t give me one, but they got my info down.. and they said if we don’t pay the ticket we’ll get arrested or... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 29, 2017

If a police officer gives a person a citation, that person should respond as instructed in the citation. If a person does not receive a citation from a police officer, or a citation or court Summons in the mail, there is nothing to respond to. There is no third possibility.

1 Answer | Asked in Juvenile Law for Minnesota on
Q: If you get a citation for drinking underage , do I have to go to court ? And does my parents have to come too?
Thomas C Gallagher
Thomas C Gallagher answered on Oct 29, 2017

Take a look at the citation. Does it say you need to appear in court? If unclear, you can call the court and ask. Probably you do, with at least one parent. Most people in this situation will go to court with the goal of keeping their juvenile record clean of an adjudication. Though non-felony... Read more »

1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Minnesota on
Q: In Minnesota if my records expunged what I still be able to be a police officer. Or could they see that when I apply

I live in Minnesota and as I was 15 I was charged with a felony and was in adjudicated delinquent which from my understanding is the equivalent of the guilty verdict. My dream in life even before that was to become a police officer. And I've had very bad luck finding the answer online but if I was... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 10, 2017

The best way to get a good answer to those question would be to ask the right person with the P.O.S.T. Board (police licensing agency in Minnesota), and the appropriate military branch (probably with the J.A.G. office, not a recruiter, for example).

I do not know the answer to the specific...
Read more »

1 Answer | Asked in Contracts and Juvenile Law for Minnesota on
Q: I'm 15 and I made a pledge to a organization on the phone am I forced to donate what I pledged ?

It's a cancer organization located in Florida and I'm located in Minnesota I made a pledge of 35 dollars and I want to if I could get in trouble if I don't donate or could my parents get in to some sort of trouble.

Lucas Wynne
Lucas Wynne answered on Aug 22, 2016

In a word, no. You'll be fine.

1 Answer | Asked in Juvenile Law for Minnesota on
Q: need to know safety watch kids wearable can be used in hennepin county mn

my kid is autistic and recently separated. bought smartwatch which helps my kid to call me when kid needs my attention. can my kid wear this to all places or not

Lucas Wynne
Lucas Wynne answered on Jul 31, 2016

I am unsure what it is you are asking, your child can obviously wear anything you want your child to wear. Are you thinking of a particular scenario or place where your child is being told not to wear the watch? More information is needed.

1 Answer | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: I'm looking to get a past charge expunged

The charge is a 4th degree CSC that happened over ten years ago I have no same or simulars. I feel that the charge was wrongly tried I've also had to deal with two failure to register since then from paperwork errors on the states behalf and served 390 days incarceration that was not justly... Read more »

Lucas Wynne
Lucas Wynne answered on Jul 21, 2016

A criminal defense attorney can help you. However, know in advance that expungements can be a bit of a crapshoot and the rates of success tend to be low. With an attorney on your side, you can present a more solid case for the expungement. An expungement tends not to be an expensive case.

1 Answer | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: Can my daughter be charged or questioned without my permission?

My daughter who is 16 was told by three girls they are going to jump her after school. My daughter then called her two cousins, they then came up to the school and confronted the girls. They were all yelling and screaming at each other when a teacher came out, grabbed my daughter and took her into... Read more »

Lucas Wynne
Lucas Wynne answered on Jul 19, 2016

Hire an attorney to stand between your daughter and the police, it will be money well spent. Unfortunately, I cannot provide advice here because I do not know the specifics of your case.

1 Answer | Asked in Juvenile Law and Criminal Law for Minnesota on
Q: Can you date a 17 year old when you are 12?
Lucas Wynne
Lucas Wynne answered on Jul 19, 2016

No. If you are a twelve year old, you should discuss this with your school guidance counselor ASAP.

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