Minnesota Criminal Defense Legal Questions

Hi. I'm glad that you decided to use this LawQA forum. What you're reading is correct. You do not want to just go in and plead guilty. That will lead to you being convicted of the crime. It will then appear on your criminal record. Instead, what you want to do is to end up with a deal that prevents this offense from going on your record at all. It's sometimes called a continuance for dismissal or a diversion program. If you can get this type of deal on the front end, then you won't be convicted of the crime at all, and it will be much easier to go get it expunged later. To make all of this more likely, the best thing you can do is to hire an attorney to help you. Your attorney will negotiate with the prosecuting attorney while at the same time looking closely at the charges and the evidence against you. Hiring an attorney now may mean all the difference when it comes to keeping your job or trying to get new employment here or in Louisiana later. Feel free to give me a call to chat about options. Good luck.... Read Answer

Hello. You'll be prosecuted for a criminal theft offense. Having something like this on your permanent record will be detrimental to your future work opportunities. An attorney can help you take some proactive steps to put you in a better light for the court. From there, we would challenge the charges and the evidence against you while simultaneously working with the prosecutor to try to reach a deal that keeps the crime off of your record. Definitely hire an attorney. It will be money well spent to protect your future as much as possible. Feel free to give me a call or an email to discuss your options.... Read Answer

Driving after revocation is a misdemeanor crime in Minnesota. The maximum penalty for a misdemeanor is 90 days jail and a $1,000 fine. You won't see anywhere near those maximum penalties though. Instead, your strategy should be to reach a deal to keep these charges off of your driving record. If either DAR hits your record, then the state will suspend your license for longer periods of time. Hire a lawyer to help you get through these cases without impacting your record and your license.... Read Answer

This would likely be a 5th Degree Controlled Substance Possession crime. It's punishable by up to 5 years in prison and a $10,000 fine. You wouldn't see nearly that level of consequences. What you should be thinking more about is whether you're going to end up with a permanent felony conviction. You should hire an experienced lawyer to defend you. We can challenge the charges and the evidence against you while at the same time negotiating with the prosecutor for a deal that keeps this thing off of your record.... Read Answer

You should seriously consider hiring a lawyer to represent you. The consequences for this crime will likely be minimal. However, the more important thing at play is a permanent criminal record. You want to get a lawyer to help you try to work out an arrangement to avoid that criminal conviction. Good luck.... Read Answer

This is a factual question that a jury or judge will have to decide. The question will be whether the evidence presented constitutes proof beyond a reasonable doubt that you possessed the contraband. There is a concept called constructive possession that may come into play in your case. Now that you are apparently facing a criminal charge, you first step is to retain an experienced attorney to represent you. I'd be happy to talk with you on the phone or have a free in person consultation.... Read Answer

I can't give you a definite answer. It depends on whether you are on conditional release. Also if you resolve your case and are placed on probation, then UAs might become a condition of your probation. I would suggest conferring privately with an attorney right away. Many of us offer a free initial consultation. I would be happy to have a chat with you about your case and you can explore hiring an attorney to defend you.... Read Answer

You pose some very good questions. All of these questions should be directed to your attorney - the person that knows the specific facts and circumstances of your case. With that said, I can give you a general idea. With your lack of criminal history, it is likely that you would not actually go to prison. Probation would likely be for three or five years. If you don't go to prison, you could still be ordered to serve up to 365 days in the local jail. House arrest is a possibility. What you should be more concerned about is whether you end up being convicted of a felony. You should be retaining an experienced attorney to help you try to avoid a permanent conviction. There is a statutory diversion type option that we may or may not be able to get you qualified for. I'd be happy to sit down with you for a free initial consultation. At least talk to a good lawyer before doing anything that you'll regret later.... Read Answer

There is no way to predict. Could be days, weeks, or even months. In any case, you'll received a summons to appear in court on a misdemeanor criminal theft charge. While you wait, you should be consulting with a few attorneys and hiring the one that you're the most confident in and comfortable with.... Read Answer

Typically if you simply pay a fine, that includes a guilty plea and a permanent record. I don't know if that's what happened in your case or if you got a special deal. I would be able to look it up if you give me a quick phone call. In any case, you would benefit from something called expungement. The Legislature passed a brand new expungement law this year that might benefit you greatly.... Read Answer

There are numerous legal issues that arise here. You would be aiding and abetting multiple criminal offenses of minor consumption. You would also likely be committing the crime of providing alcohol to minors, a gross misdemeanor. Depending on what city you live in, there may be a local "social host" ordinance that criminalizes exactly the activity you propose to engage in. Proceed with caution. You should consult directly with an experienced attorney before going down the path you're on. Sorry I don't have better news for you.... Read Answer