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COVID-19 Minnesota Criminal Law Questions & Answers
3 Answers | Asked in Criminal Law, Traffic Tickets and Car Accidents for Minnesota on
Q: Why is my appearance in court mandatory?

I was in an accident due to a failure to yield left and they found me at fault for the accident. I was told by the officer in charge that I would be able to pay my citation and plead guilty for the charge, but now it says I have a mandatory court appearance. It is a misdemeanor for crim/traffic and... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Nov 30, 2020

If the officer checks the "property damage or injury" box on the citation, the court appearance becomes mandatory. That means failure to appear will result in an arrest warrant. A misdemeanor is a crime punishable by a maximum of 90 days jail, though jail is rare in cases like this.... Read more »

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3 Answers | Asked in Criminal Law, DUI / DWI and Arbitration / Mediation Law for Minnesota on
Q: Hi, I am having issues with fulfilling my community service hours due to COVID

I am wondering about how courts are dealing with this COVID mess and the required hours for community service. Instead of doing Sentence-to-serve, I have been approved to do community service but have been having a difficult time fulfilling my hours. My deadline has already been pushed back twice... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Nov 24, 2020

I would expect that a probation and a judge would give extensions for this reason, but in the end would require the time to be served in jail. After all, community service is considered a jail substitute by the courts. Therefore, if it were me, I'd simply find a way to get the hours done.... Read more »

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3 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: If you where ror and your conditions of release was 2 years probation. you miss your sentencing court what will happen

What will happen when you missed your sentencing court date and have failure to appear warrants but you where originally ror with conditions of release being 2 years probation. What will happen when you turn yourself in on the warrants and to what your conditions of release change for having the... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 3, 2020

You don't provide nearly enough information to intelligently answer what you might be facing when you are sentenced. There is no information here about what the charge was or what your criminal history is relative to your potential sentence. Courts have certainly been processing in custody... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: What would be the out come when my boyfriend goes and turns his self in for 3 warrants that are for failure to appear

They are for a DUI and a domestic and for violating a danco. He had missed his sentencing court date on 1/29/20 and the domestic and the violation would have been dropped that day as I had to talk to people because the judge was the one who was pressing the charges for the domestic as I did not... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 3, 2020

It's been six months since he missed court. The likelihood that the warrants would be dismissed under the circumstances without him at least having to turn himself in is non-existent. He would need to be held for an appearance before a judge so that conditions of release could be set. He... Read more »

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3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can my daughter be held in Nobels county jail for 11 months without a trial because of the virus

My daughter was arrested for transporting meth from SD in December 2019. Her court date was set for March because of the virus the trial was reset for July 28, my daughter just now received a letter moving her trial until November can they do this she will be in Jail for a year before she is... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 8, 2020

They certainly can if she has not demanded a speedy trial. If she has made such a demand, there is an analysis that gets done about whether her right to a speedy trial is being violated and if so, what the remedy should be. One such remedy might be release from custody. Another such remedy could... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: Arrested released moved to florida during virus i was needed at home What happens to case
William Bailey
William Bailey answered on May 8, 2020

That depends on whether there has been a hearing. Many cases have been put on hold so you may not have missed anything. However, if you have missed a hearing, there is likely a warrant out for your arrest. It would be wise to have an attorney in MN retained to assist you with this to ensure you... Read more »

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3 Answers | Asked in Criminal Law for Minnesota on
Q: If I pay for a stolen item am I admitting to the crime and can be charged

A lost prevention agent is threatening to charge me with Eating and abetting felony theft if I don’t give him $1700 by Friday how can I be assured that he won’t charge me anyway

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 23, 2020

The civil forfeiture is separate from potential criminal charges. Paying the claim to the loss prevention agent (or the company where the alleged theft occurred) will not protect you against criminal charges. In any event, the company doesn't get to "waive" charges against you.... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am in an abusive marriage and have a warrant, how can I get around. Going to jail? I cannot leave my home!

My warrant is out of Anoka Co. MN for failure to turn myself in for failing to complete a dwi MADD IMPACT CLASS. My husband made it so I had no way to get to the classes on purpose, I've paid for the classes but was unable to go. I cannot go to jail, he has threatened to sell all my belongings... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 22, 2020

You obviously have a couple of issues going on here.

One, is your warrant. I would suggest getting in touch with the Anoka County Public Defender. You are unemployed so you would obviously qualify for a PD. Explain the issue that you are dealing with and an attorney in the office may be...
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