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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 4
Do you have any Minnesota Criminal Defense questions page 4 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.
Criminal Law
Minnesota

Recent Legal Answers

Can I purchase a firearm with multiple marijuana tickets after a certain amount of time?

Answered 10 years and 4 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
The answer depends on what type of marijuana convictions we're talking about. Any felony offenses? Have a lawyer take a look at your specific circumstances to figure out what can be done.
The answer depends on what type of marijuana convictions we're talking about. Any felony offenses? Have a lawyer take a look at your specific... Read More

I have been accused of theft of $1200 by my previous employer, what do I do if the cops already came by?

Answered 10 years and 4 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
I'm not sure I fully understand your question. In any case, don't talk to the police until your attorney tells you to. This is a serious charge. Get a lawyer retained.
I'm not sure I fully understand your question. In any case, don't talk to the police until your attorney tells you to. This is a serious charge. Get... Read More

Why was my son charged with gun possession if he was in the backseat?

Answered 10 years and 4 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
A person doesn't necessarily need to have the item in his front pocket to be legally "in possession." Your son should retain a lawyer. His lawyer can take a close look at the evidence and determine if there is a chance to contest the possession element of the crime.
A person doesn't necessarily need to have the item in his front pocket to be legally "in possession." Your son should retain a lawyer. His lawyer can... Read More

What can I do and what is going to happen after I admitted to stealing the phone?

Answered 10 years and 4 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Get help from an attorney. Talk to your parents or other trusted adult for help. You'll have to appear in juvenile court. This is a misdemeanor crime.
Get help from an attorney. Talk to your parents or other trusted adult for help. You'll have to appear in juvenile court. This is a misdemeanor crime.

Can I travel out of the country if I am still going to court for felony charges?

Answered 10 years and 4 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Depends on your conditions of release. Ask your lawyer this question. If you don't have a lawyer yet, retain one.
Depends on your conditions of release. Ask your lawyer this question. If you don't have a lawyer yet, retain one.

Is it an illegal stop if the only reason my husband was pulled over is because the cop thought I was driving?

Answered 10 years and 4 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Maybe. Maybe not. A stop can be based on a registered owner with an expired driver's license. However, if the officer knows that the registered owner is not the driver, i.e. male versus female, then the stop can become invalid. Did your husband get charged with an offense based on this traffic stop?... Read More
Maybe. Maybe not. A stop can be based on a registered owner with an expired driver's license. However, if the officer knows that the registered owner... Read More

How to appeal a convivtion when you did not receive a proper defense from your attorney?

Answered 10 years and 4 months ago by Errol Henry Stambler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Since you are going outside the trial transcript you must file a Writ of Habeas Corpus. A direct appeal is limited to the trial transcript and any motions that were denied. But once you claim IAC you are going beyond the trial and requires a Writ.
Since you are going outside the trial transcript you must file a Writ of Habeas Corpus. A direct appeal is limited to the trial transcript and any... Read More

Can a snow ordinance be enforced if there is no snow?

Answered 10 years and 4 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
They might call it a "snow ordinance," but these laws usually apply with or without snow. The law says no parking 2-6 a.m. It doesn't say no parking when there's snow.
They might call it a "snow ordinance," but these laws usually apply with or without snow. The law says no parking 2-6 a.m. It doesn't say no parking... Read More

Would a letter of continuance explaining the invalid address and need for more time to retain the attorney be the best solution?

Answered 10 years and 5 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
A lot depends on what county we're talking about. What county are the new charges out of? The best course of action is likely for your friend to appear for the court date and explain that an attorney will be retained. The court will likely grant additional time to make that happen. Is this a felony or misdemeanor case? Please feel free to send me an email directly or give me a call to discuss. Good for your for helping out your friend.... Read More
A lot depends on what county we're talking about. What county are the new charges out of? The best course of action is likely for your friend to... Read More

How do I obtain a police patrol car video?

Answered 10 years and 5 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Try a Chapter 13 public data request. Address it to the city's public records official. Then if they want to deny your request, they have to give you a legal reason that the data is classified as private or confidential. Overall I would suggest retaining an attorney to advise you as to your particular circumstances.... Read More
Try a Chapter 13 public data request. Address it to the city's public records official. Then if they want to deny your request, they have to give you... Read More

Can I get charged for a second degree burglary if there is no physical evidence and if I didn’t go in the house?

Answered 10 years and 5 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Impossible to answer your question without a lot more information. Sit down for a consultation with an attorney and get one retained to defend you. The government can try to prosecute criminal charges under an aiding and abetting theory.
Impossible to answer your question without a lot more information. Sit down for a consultation with an attorney and get one retained to defend you.... Read More

I received 20 years probation for a felony check forgery, I was recently laid off and can't find work, can it be reduced?

Answered 10 years and 5 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
It's possible to try for an early discharge from probation. I'm guessing that the court would at least require that restitution be satisfied in full. How close are you on restitution? I'd recommend retaining an attorney to help you motion for early discharge.
It's possible to try for an early discharge from probation. I'm guessing that the court would at least require that restitution be satisfied in full.... Read More

Can I go to jail for a second offense shoplifting charge?

Answered 10 years and 6 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
You'll face a misdemeanor theft charge. Jail is possible. More important though is your record. Hire a lawyer to help you through this thing.
You'll face a misdemeanor theft charge. Jail is possible. More important though is your record. Hire a lawyer to help you through this thing.

I have a 6 year old probation violation for a drug charge, is there a statute of limitations on it?

Answered 10 years and 6 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
No. Once you're on probation, if a violation is filed, it can remain valid forever.
No. Once you're on probation, if a violation is filed, it can remain valid forever.

Is it right to charge me for petty theft if I didn't physically take anything?

Answered 10 years and 6 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Under the facts that you set out, you can be prosecuted for aiding and abetting his theft. I would recommend retaining a lawyer to help you try to keep this thing off of your record. And no, I would not expect your allergies to be a defense to a criminal charge. Good luck.
Under the facts that you set out, you can be prosecuted for aiding and abetting his theft. I would recommend retaining a lawyer to help you try to... Read More

What will be the content of the Omnibus Hearing?

Answered 10 years and 6 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Continuing on from my answer to your other question - If the court only has a few minutes scheduled for the hearing, I would guess that it's just a default omnibus. Can't be sure though without reviewing the case file.
Continuing on from my answer to your other question - If the court only has a few minutes scheduled for the hearing, I would guess that it's just a... Read More

What will be covered if I am to appear for an Omnibus Hearing regarding a misdemeanor?

Answered 10 years and 6 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
It depends on the jurisdiction. Some counties first hold a default omnibus hearing, which is really just a settlement conference. Other counties go straight to a contested hearing where the court will hear evidence and consider your constitutional and evidentiary motions.
It depends on the jurisdiction. Some counties first hold a default omnibus hearing, which is really just a settlement conference. Other counties go... Read More

How long does a person have to file charges in civil court on someone who assaulted you?

Answered 10 years and 7 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
There's no such thing as "filing charges" against a person. What you can do is to report criminal conduct to the police. Cops and prosecutors will decide whether charges should be filed. Sooner the better. The statute of limitations for most low level crimes is three years, but you don't want to wait anywhere near that long.... Read More
There's no such thing as "filing charges" against a person. What you can do is to report criminal conduct to the police. Cops and prosecutors will... Read More

Where and how can I file a form to drop DANCO?

Answered 10 years and 7 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Hire a lawyer to help you with this or visit the court administrator's office to inquire.
Hire a lawyer to help you with this or visit the court administrator's office to inquire.

Is it true that I can't press charges against my brother for breaking into my apartment and stealing my car?

Answered 10 years and 7 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
The police might be thinking more along the lines of - do you really want to press charges against him? Do you want your brother to be charged with a felony crime that will cause him problems for the rest of his life? If he truly did steal your car, and you really want him arrested and prosecuted for a felony, then you can try to talk directly with the chief of police about your concerns.... Read More
The police might be thinking more along the lines of - do you really want to press charges against him? Do you want your brother to be charged with a... Read More

Can I withdraw my guilty plea and take it to trial and how?

Answered 10 years and 7 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Yes it's possible. Your attorney would need to file a motion for plea withdrawal. The court would hold a hearing. The judge would need to decide whether it is "fair and just" to allow you to withdraw your guilty plea.
Yes it's possible. Your attorney would need to file a motion for plea withdrawal. The court would hold a hearing. The judge would need to decide... Read More

Do I have to pay a fine or could it be dropped for running away from police on foot?

Answered 10 years and 8 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Your biggest concern needs to be your criminal record. You don't want a criminal conviction following you around as you try to make a good life for yourself. I recommend that you retain an attorney so that you can make sure to get the best possible outcome.
Your biggest concern needs to be your criminal record. You don't want a criminal conviction following you around as you try to make a good life for... Read More

How would a person find out if he has a warrant in a particular county if that county does not post warrant information online to the public?

Answered 10 years and 8 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Call Court Administration at the local county courthouse.
Call Court Administration at the local county courthouse.

I have an FTA but I never received a subpoena, what will happen if I turn myself in?

Answered 10 years and 8 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Hire an attorney to try to get the warrant quashed. Wrong or right, the warrant is out there and you could be arrested any time.
Hire an attorney to try to get the warrant quashed. Wrong or right, the warrant is out there and you could be arrested any time.

Can I fight the reason why I got pulled over?

Answered 10 years and 8 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Yes absolutely. You would file a motion to dismiss on constitutional grounds. The Court would hold a Rasmussen Hearing, where the judge would determine whether the officer had the requisite reasonable articulable suspicion to conduct an investigatory stop. This stuff gets complicated quickly. Get an experienced lawyer retained to help you right away.... Read More
Yes absolutely. You would file a motion to dismiss on constitutional grounds. The Court would hold a Rasmussen Hearing, where the judge would... Read More
Criminal Law
Minnesota

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