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Minnesota Juvenile Law Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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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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... 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... 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.

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