Minnesota Criminal Defense Legal Questions

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219 legal questions have been posted about criminal law by real users in Minnesota. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
Minnesota Criminal Defense Questions & Legal Answers - Page 3
Do you have any Minnesota Criminal Defense questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 219 previously answered Minnesota Criminal Defense questions.

Recent Legal Answers

Impossible to say without knowing much more. Are they giving you a probation deal that keeps the felony off of your record? Or are you going to be convicted of the crime?
Impossible to say without knowing much more. Are they giving you a probation deal that keeps the felony off of your record? Or are you going to be... Read More

What do I do and say in court after I was charged with theft?

Answered 9 years and 7 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
I know you say that you can't afford a lawyer, but I have to tell you that hiring a lawyer is exactly what you should be doing right now. You want to make sure that you're not convicted of this crime. You don't want this thing on your permanent record. Hiring a lawyer may be more affordable than you think and some of us are willing to accept credit card payments or payment plans.... Read More
I know you say that you can't afford a lawyer, but I have to tell you that hiring a lawyer is exactly what you should be doing right now. You want to... Read More
I would recommend that your daughter have a lawyer help her with this case. There is a possibility of keeping the conviction off of her record. Whether it's a misdemeanor or petty misdemeanor, it will still be an offense that can show up in background checks as your daughter makes her way through her education and the professional world.... Read More
I would recommend that your daughter have a lawyer help her with this case. There is a possibility of keeping the conviction off of her record.... Read More

Can I decide to serve time instead of two years probation?

Answered 9 years and 8 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Yes. It would be either 90 days or one year, depending on if you plead guilty to a misdemeanor or gross misdemeanor.
Yes. It would be either 90 days or one year, depending on if you plead guilty to a misdemeanor or gross misdemeanor.
If you stole the goods first, then paying for them later doesn't fix everything. The police can still investigate the crime. You can still be charged and arrested. Get a lawyer hired now, before things get worse. Paying back the retailer may be a bad idea.
If you stole the goods first, then paying for them later doesn't fix everything. The police can still investigate the crime. You can still be charged... Read More

Can I get a new job if I am a first time shoplifter?

Answered 9 years and 9 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Will be difficult. If your theft case is still pending in court, then hire a lawyer and see if you can get the case dismissed or kept off your record.
Will be difficult. If your theft case is still pending in court, then hire a lawyer and see if you can get the case dismissed or kept off your record.

What is going to happen for a first time theft?

Answered 9 years and 10 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
You're charged with a crime. If you play your cards right, it's possible to make it through this thing without a permanent criminal conviction. In order to prove you guilty, the government must prove that you intentionally tried to steal. I strongly recommend that you retain an attorney to help you defend against this charge.... Read More
You're charged with a crime. If you play your cards right, it's possible to make it through this thing without a permanent criminal conviction. In... Read More

Should I turn myself in on a 26-year-old warrant

Answered 9 years and 10 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, he should probably turn himself in, but not until he has counsel retained and is advised to do so by his attorney.
Yes, he should probably turn himself in, but not until he has counsel retained and is advised to do so by his attorney.
This is likely a gross misdemeanor charge. Not something you want to end up on your son's permanent record. I would recommend getting help from a lawyer. There are ways to fight these cases, or at least mitigate the damage.
This is likely a gross misdemeanor charge. Not something you want to end up on your son's permanent record. I would recommend getting help from a... Read More

How long does a misdemeanor last on your record?

Answered 9 years and 10 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Stays there forever unless an expungement is granted. You may be a good candidate for expungement given the long time that has passed. Feel free to give me a call to discuss it.
Stays there forever unless an expungement is granted. You may be a good candidate for expungement given the long time that has passed. Feel free to... Read More

Can I be charged with shoplifting if I was contacted by an officer later?

Answered 9 years and 11 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
You can be charged, yes. But, that's a much different question than if you can be convicted. To convict you of a crime, the government must prove beyond a reasonable doubt that you committed the crime. I recommend not saying any more to anyone about the case. Don't talk to the police. Don't post anything online. If you are charged, retain an attorney to defend you.... Read More
You can be charged, yes. But, that's a much different question than if you can be convicted. To convict you of a crime, the government must prove... Read More

What is a rule 8?

Answered 9 years and 11 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Google the Minnesota Rules of Criminal Procedure. You'll find Rule 8 there. Then discuss with your attorney what is actually going to happen in court. Many county courts do things much differently than the rules would contemplate.
Google the Minnesota Rules of Criminal Procedure. You'll find Rule 8 there. Then discuss with your attorney what is actually going to happen in... Read More

What am I facing for running away if my car was towed?

Answered 9 years and 11 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Was the officer trying to pull you over when you stopped and ran? If so, then you may face a charge of fleeing police. Could be felony fleeing if they allege that you fled in a vehicle, even for a short period of time. If not, then all they might have on you is the reckless driving or other traffic offenses. I'd say everything depends on whether the cops can identify you. If they don't know that you were driving the car, then nothing may come of it. I recommend that you get a lawyer retained to defend you.... Read More
Was the officer trying to pull you over when you stopped and ran? If so, then you may face a charge of fleeing police. Could be felony fleeing if... Read More
Start by getting a lawyer retained to represent you. Your lawyer will advise you about how best to handle the situation. The warrant and affidavit should be reviewed to make sure they were valid. And the evidence must be reviewed to see if they can really prove a sale. It sounds like perhaps you think they cannot. Feel free to give me a call if you have additional questions.... Read More
Start by getting a lawyer retained to represent you. Your lawyer will advise you about how best to handle the situation. The warrant and affidavit... Read More
You need help from a lawyer. Your lawyer can try to do something about the warrants before you have to show your face in court. These are very serious matters. Don't go it alone.
You need help from a lawyer. Your lawyer can try to do something about the warrants before you have to show your face in court. These are very... Read More
You have rights here. You are an innocent owner. You have the right to file a petition with the court where a judge would determine whether you are truly an innocent owner. If you are found to be an innocent owner, the vehicle should be returned to you at low or minimal cost. Another option is sending a document to the prosecutor called a petition for mitigation. I would recommend getting some help from a lawyer. You don't want to be talking directly with the cops yourself.... Read More
You have rights here. You are an innocent owner. You have the right to file a petition with the court where a judge would determine whether you are... Read More
You will be charged with a gross misdemeanor crime. It is punishable by up to a year in jail and a $3,000 fine. If it's a first offense, you won't get all that. But this is a very serious matter and you should hire a lawyer. Priority #1 should be your long-term criminal record.
You will be charged with a gross misdemeanor crime. It is punishable by up to a year in jail and a $3,000 fine. If it's a first offense, you won't... Read More
Yes. It's very common to receive a ticket in the mail in these situations. If you do, get a lawyer retained to represent you. There are ways to try to keep this type of thing off of your permanent record.
Yes. It's very common to receive a ticket in the mail in these situations. If you do, get a lawyer retained to represent you. There are ways to try... Read More
Sorry to say, but it's extremely unlikely that the case would be dropped completely. What you should consider doing is to retain an attorney in the state where the case occurred - sounds like that's Minnesota - where I am too. Your attorney can try to get you a chance to appear in court voluntarily, or make plans for you to turn yourself in and secure your release as quickly as possible. The key is to have your attorney attempt to make arrangements in advance. That way you know what you're walking into before you even think about coming back into Minnesota. With the time that has passed, perhaps the state's case against you isn't as strong. Memories fade. Cops retire. Things can change significantly over five years.... Read More
Sorry to say, but it's extremely unlikely that the case would be dropped completely. What you should consider doing is to retain an attorney in the... Read More
Your arrest may or may not show up on a background check at this point. Were you photographed and fingerprinted? You're on the right track in looking to hire a lawyer and getting into a diversion type option. Feel free to contact me with further questions.
Your arrest may or may not show up on a background check at this point. Were you photographed and fingerprinted? You're on the right track in looking... Read More

What are my legal options if ex is falsely accusing me of strangulation?

Answered 10 years and 2 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
You need an experienced lawyer, and quick. Strangulation is a felony crime in Minnesota - serious stuff. Your lawyer will help you figure out a way through this thing. If she's truly lying, then your lawyer will determine how best to use that fact for your benefit.
You need an experienced lawyer, and quick. Strangulation is a felony crime in Minnesota - serious stuff. Your lawyer will help you figure out a way... Read More

If police got a tip that guns are in the house, do they have the right to enter?

Answered 10 years and 2 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
The police would normally use the "tip" to establish probable cause, which will help them obtain a search warrant. Subject to a few exceptions, police can't just barge in without a warrant. If you are facing criminal charges, retain a lawyer right away.
The police would normally use the "tip" to establish probable cause, which will help them obtain a search warrant. Subject to a few exceptions,... Read More

What constitutes possession of drugs?

Answered 10 years and 2 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
It sounds like your daughter admitted to possessing the pills. She wasn't saying that somebody else put the pills into her mouth, was she? Combine that with another witness saying that she gave the pill to your daughter, this could be enough proof that she in fact possessed the pills prior to ingesting them. This could be a serious matter for your daughter. I would recommend getting an attorney retained to represent her right away.... Read More
It sounds like your daughter admitted to possessing the pills. She wasn't saying that somebody else put the pills into her mouth, was she? Combine... Read More
Obviously you have now been charged with the crime. Either you didn't receive a summons they tried to send to you, or they could have skipped the summons all together and issued a warrant right away. In any case, it's time for legal representation. Get a lawyer retained to defend you.
Obviously you have now been charged with the crime. Either you didn't receive a summons they tried to send to you, or they could have skipped the... Read More

How long does petty theft stay on record?

Answered 10 years and 3 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Have you already plead guilty or is the case still pending? If you were convicted of the crime, then it sticks with you forever, unless it is expunged. If you have not yet been convicted, then get yourself some help from a lawyer, and try to get a deal to keep this thing off of your record.... Read More
Have you already plead guilty or is the case still pending? If you were convicted of the crime, then it sticks with you forever, unless it is... Read More