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Minnesota Juvenile Law Questions & Answers
2 Answers | Asked in Traffic Tickets and Juvenile Law for Minnesota on
Q: How long will a minor in possession of alcohol stay on my record after I pay the fine?

It looks like I can pay the fine and no court date is needed.

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 20, 2024

Normally forever. Exception: expungement possibility. But if the defendant instead sets up a court date and gets a prosecutor to agree to an outcome that will eventually avoid a conviction (Continuance for Dismissal, or Stay of Adjudication), then upon successful completion of the period of the... View More

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2 Answers | Asked in Traffic Tickets, Car Accidents and Juvenile Law for Minnesota on
Q: Kid got 2 driving violations within provisional driving period. Go to court or just pay the fines? Consequences?

Kid got a 2 charges, 1 for exhibition driving & other for more than one kid in the car while under provisional license. What are the definite and possible consequences for this?

A couple weeks prior she got a parking ticket, which went under mine and my husband's name since we own... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 7, 2024

The exhibition driving is going to be a huge issue for your insurance. I would suggest doing what you can to negotiate that ticket down. It looks like you are in Hennepin County, so there is a far greater likelihood that they may be willing to agree to keep it off of her driving record assuming... View More

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2 Answers | Asked in Traffic Tickets, Car Accidents and Juvenile Law for Minnesota on
Q: Kid got 2 driving violations within provisional driving period. Go to court or just pay the fines? Consequences?

Kid got a 2 charges, 1 for exhibition driving & other for more than one kid in the car while under provisional license. What are the definite and possible consequences for this?

A couple weeks prior she got a parking ticket, which went under mine and my husband's name since we own... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 7, 2024

First, I'd look at the consequences for various violations. For example, a parking ticket should have no significant long term implications. Just pay it. But "Exhibition Driving" on the driver's license record could trigger future problems with insurance and police. So... View More

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1 Answer | Asked in Juvenile Law for Minnesota on
Q: Can a child be charged rent for finding drugs in their room if they are under 18
James L. Arrasmith
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answered on Jan 23, 2024

Charging a child rent as a form of punishment for finding drugs in their room is not a straightforward legal matter, especially if the child is under 18. Legally, parents or guardians are responsible for providing for their minor children, which includes housing, food, and care. Imposing rent on a... View More

3 Answers | Asked in Juvenile Law and Education Law for Minnesota on
Q: I have a 12 yr old sixth grader. Has mental illness p.t.s.d. and more. Can he be charged with assault?

Has a I.E.P and behavioral plan. The public schools do not know how to regulate a child with disabilities. So he has always struggled in school. Wright county is trying to charge him with 4th degree assault on a officer (felony) and 4th degree assault on school staff.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 3, 2023

Can a delinquency petition be filed? Yes. Is your child going to be adjudicated delinquent? That is impossible to predict with the information that is provided in this question. But the Court will certainly take into consideration any mental health issues and appropriate programming when... View More

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3 Answers | Asked in Juvenile Law and Education Law for Minnesota on
Q: I have a 12 yr old sixth grader. Has mental illness p.t.s.d. and more. Can he be charged with assault?

Has a I.E.P and behavioral plan. The public schools do not know how to regulate a child with disabilities. So he has always struggled in school. Wright county is trying to charge him with 4th degree assault on a officer (felony) and 4th degree assault on school staff.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 3, 2023

Age alone would not be a defense to assault charge for a 12 year old. But there are many defenses to an assault charge. Among those mental illness can sometimes be a defense. But I'd suggest keeping an open mind, and working with a defense attorney to get all the available information... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Minnesota on
Q: Is it legal to hold a child (12) in Minnesota jail without letting parents see them at all.

My 12 year old brother has been arrested for assault for stabbing a staff member in his mental health group home with a knife. He was arrested and is now on a 36 to 72 hour hold in county jail waiting to see a judge. Is this legal? Minnesota says someone under 14 cannot commit a crime. How do you... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 5, 2023

Last time I checked, the minimum age in Minnesota was 10, for prosecuting criminal violations in juvenile court. But a lawyer may have been able to help with these issues. Another idea would be to talk to the medical staff or social worker in the juvenile detention facility.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Minnesota on
Q: I’m 17 and my sister 19 and we just got into a fight. I’m in my first trimester and she doesn’t know that. Who’s wrong

We were in the street I got dragged out. She hit me first and defended myself. I’m very petite and I’m sister is strong and bigger and has the upperhand. She got a bump on her head i got scratch marks on my side and knee. My hair was pulled and I had stuff in the car I couldn’t get to, the... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 16, 2022

You certainly have a legal right to defend yourself and your unborn child. It seems like you might have some exposure of being charged with a 5th Degree Assault. That is a misdemeanor unless you have prior assault convictions. You need an attorney. You should either hire a private attorney or... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law and Juvenile Law for Minnesota on
Q: Should I file and appeal on a judges ruling regarding the name change of a minor when recipient was not served properly?

The mother of my bfs daughter has been trying to change the last name of his 3yo daughter to her new married name. He first received a letter in the mail regarding this motion in Sept. The letter only indicated the time, date, and virtual hearing link. It was in Oct 2021 and he showed up to find... View More

Charles William Michaels
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Charles William Michaels
answered on Dec 16, 2021

Perhaps an appeal would be proper

1 Answer | Asked in Juvenile Law for Minnesota on
Q: My 14 just got arrested for having a stolen gun. He is in a juvenile center what are the statues

This is his first offense

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 19, 2021

Minnesota Statutes Sec. 609.52, Subd. 3. "Sentence. Whoever commits theft may be sentenced as follows:

(1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the property is a firearm, or the value of the property or services...
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2 Answers | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: what will happen if someone shoots me do i have the right to shoot back and not face a charge?
Thomas C Gallagher
Thomas C Gallagher
answered on Mar 8, 2021

That would depend upon several facts not stated in the question. For example, a person may or may not be in lawful possession of a firearm. If not lawfully possessed, the person could be charged with an unlawful possession crime regardless of any self-defense issues. Assuming a person was in... View More

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3 Answers | Asked in Civil Litigation, Criminal Law, Civil Rights and Juvenile Law for Minnesota on
Q: Can a judge or a public defender set a motion for a speedy trial without the defendant pleading innocent or guilty.

The charge is felony gun possession with ammunition possession and the accused is juvenile felon that was sealed years ago. The firearm is legally registered to another person that is legally allowed to own one, and happened to forgot in defendant vehicle but was not physically on the defendant.

William Bailey
William Bailey
answered on Feb 22, 2021

Generally a plea is entered at the Omnibus hearing. It is not clear what stage the case is at. This person needs a criminal defense attorney ASAP as this charge can carry heavy penalties.

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1 Answer | Asked in Juvenile Law for Minnesota on
Q: Is it legal for a 17 yr old to have sex with a 22 yr old in Minnesota?
William Bailey
William Bailey
answered on Jan 20, 2021

The age of consent in MN is 16 so there is no crime described here.

1 Answer | Asked in Juvenile Law for Minnesota on
Q: How do I prove in juvenile court I haven't abandoned my son to keep my rights without a lawyer?
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 26, 2020

There are books addressing that question. The most important thing is to get representation by a lawyer. Call the Public Defender's Office and ask about representation.

1 Answer | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: Will I go to Jail for using my Parent’s credit card without permission?

I’m 16 and recently my parent’s bank account had a credit card fraud by a different person somewhere off state but they also discovered that I’ve made a couple microtransactions without their permission but after the call towards the bank I promised to pay them back. However the bank said... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jun 29, 2020

Try to focus your attention on time and the possible. Events in the past cannot be changed. But you can control your behavior in the present and the future. So don't overthink past mistakes that are too late to change. Instead, learn from past mistakes, and resolve to make better choices... View More

2 Answers | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: I was wondering if I can become an attorney even though I had a felony when I was 16

I was granted a stay of adjudication and completed probation I also fully paid my restitution I am currently 18 now an want to know if it would affect me now

Thomas C Gallagher
Thomas C Gallagher
answered on Jun 29, 2020

Take a look at the web page for the "Minnesota State Board of Law Examiners » Character and Fitness Requirements." My guess is that it will be possible, though perhaps some extra attention may be necessary when applying. You could also give them a call to discuss your situation.

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2 Answers | Asked in Criminal Law, Traffic Tickets and Juvenile Law for Minnesota on
Q: Some friends and I went to an old abandoned school in Minnesota near where we're from.

We didn't see any no trespassing signs and we weren't planning on causing any damage, so we went in to explore a piece of history. However, the cops showed up and we all received citations. Is there such thing as a trespassing citation and were we even breaking the law by exploring the... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 12, 2020

Of course there is such such thing as a trespassing citation. Whether what you did qualifies as trespassing is a different question. Was the building locked? Was it posted? Did you refuse to leave after being asked to? There are a lot of other questions here that need answering. You should... View More

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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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1 Answer | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: adjudication

If Minnesota law says that children 14 and younger are legally incapable of committing crimes, how can a child who was 11 at the time of the action be adjudicated?

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 25, 2020

It appears that the minimum age at which a youth can be adjudicated delinquent is 10 years old; but the youngest age at which a youth can be certified as an adult for criminal liability is 14. However my view is that many young juveniles are incompetent to participate in the court process due to... View More

3 Answers | Asked in Criminal Law and Juvenile Law for Minnesota on
Q: Daughters coworker assaulted her at work. What can we do?

Several weeks ago my daughter (17) was shoulder-checked hard and intentionally by a coworker (30s) who was upset with her. She told her managers but nothing was done. She didnt report it to anyone else as she feared getting fired (the coworker is friends with the boss). She has recently quit that... View More

William Bailey
William Bailey
answered on Feb 1, 2020

If she wants to pursue charges reporting it to police is the way to go. If you are thinking about a civil suit... what are the damages?

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