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 5
Do you have any Minnesota Criminal Defense questions page 5 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

Does a dormant bench warrant status mean an arrest won't be made?

Answered 10 years and 8 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
It's still an active warrant. He'll be arrested if found. He should first get a lawyer and get the warrant taken care of. Then he can work on getting a reinstated license.
It's still an active warrant. He'll be arrested if found. He should first get a lawyer and get the warrant taken care of. Then he can work on getting... Read More

What are my rights against cops who entered my open garage on suspicion of DWI?

Answered 10 years and 8 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
You may have a good argument here. Possible Fourth Amendment violation. Can't know for sure though until I see the reports and the evidence in your case. Step one is to get a good lawyer retained.
You may have a good argument here. Possible Fourth Amendment violation. Can't know for sure though until I see the reports and the evidence in your... Read More
Legal fees can very drastically. I recommend calling a couple of attorneys. Describe your situation and ask for price quotes.
Legal fees can very drastically. I recommend calling a couple of attorneys. Describe your situation and ask for price quotes.

Does a cop have to catch you driving without a license to give you a ticket?

Answered 10 years and 9 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Maybe. The state would need to have evidence that proves beyond a reasonable doubt that you were in fact driving. That evidence doesn't have to be first hand observation by the officer. The state can use evidence obtained from witnesses or other sources.
Maybe. The state would need to have evidence that proves beyond a reasonable doubt that you were in fact driving. That evidence doesn't have to be... Read More

Can a victim of domestic violence refuse to testify?

Answered 10 years and 9 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Possible. The prosecution can subpoena you. Have a lawyer help you navigate the process. There are ways to try to avoid being forced to testify.
Possible. The prosecution can subpoena you. Have a lawyer help you navigate the process. There are ways to try to avoid being forced to testify.

Should I try to fight getting out of a minor consumption for a refusal?

Answered 10 years and 9 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, it might be worth fighting. You don't want to be convicted of a crime over something like this. It sounds like perhaps the police don't have any evidence that you had alcohol in your system? Did you make any admissions? Are you over 18?
Yes, it might be worth fighting. You don't want to be convicted of a crime over something like this. It sounds like perhaps the police don't have any... Read More

Is trial the way to go in an auto accident with criminal charges?

Answered 10 years and 10 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
I would not recommend a public defender for this. You are facing some serious charges, as I'm sure you have already figured out. Some public defenders are awesome lawyers, but they are stuck with way too many cases and way too many clients. You should pay a private attorney to give the time and attention that is needed for your case. Trial might be the right answer, but you won't know until your attorney digs in.... Read More
I would not recommend a public defender for this. You are facing some serious charges, as I'm sure you have already figured out. Some public... Read More
I need more information here to be able to answer your question.
I need more information here to be able to answer your question.

How do I get my theft off my report when it wasn't supposed to be on my report?

Answered 10 years and 10 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Repost your question with Iowa as the location.
Repost your question with Iowa as the location.

Will I got to jail for being a repeat offender?

Answered 10 years and 10 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Hi again. I recall your many questions on Avvo. These Internet question sites are not going to get you any more clarification than you've already received. You've got yourself into a heap of trouble here. You need a lawyer right away.
Hi again. I recall your many questions on Avvo. These Internet question sites are not going to get you any more clarification than you've already... Read More
Yes. I don't see why not. Law enforcement typically is granted wide latitude in these situations. If you're facing a criminal charge, feel free to give me a call to discuss.
Yes. I don't see why not. Law enforcement typically is granted wide latitude in these situations. If you're facing a criminal charge, feel free to... Read More
Lawyer. She needs a good lawyer. That's the best advice I can give you. There's such a thing called a dispositional departure. If the prosecutor and the judge go along with it, it would be an arrangement that includes probation and treatment instead of prison. Sounds like this is a 1st degree controlled substance crime, so it will be an up hill battle.... Read More
Lawyer. She needs a good lawyer. That's the best advice I can give you. There's such a thing called a dispositional departure. If the prosecutor and... Read More

Should I get an attorney if I am pretty sure this stop was illegal?

Answered 10 years and 11 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
It sounds like you were charged only with driving after revocation. If so, that is a misdemeanor crime. You can receive consequences set by the court if you're convicted of it. Beyond that, if you're convicted of it, you'll lose your license for another suspension period. It would be to your benefit to retain an attorney to help you through this thing. Your lawyer can challenge the stop while at the same time trying to negotiate a positive deal with the prosecution.... Read More
It sounds like you were charged only with driving after revocation. If so, that is a misdemeanor crime. You can receive consequences set by the court... Read More
You are likely charged with a crime called Possession of Legend Drugs. Legend drug means a drug that is required by federal law to be dispensed only pursuant to the prescription of a licensed practitioner. If you are facing this crime, or any other drug crime for that matter, get an attorney retained to represent you right away.... Read More
You are likely charged with a crime called Possession of Legend Drugs. Legend drug means a drug that is required by federal law to be dispensed only... Read More
The answer is that it depends. There are so many variables that could impact this that you need to talk to your attorney about it. Give me a call if you'd like to for a consultation.
The answer is that it depends. There are so many variables that could impact this that you need to talk to your attorney about it. Give me a call if... Read More

Can the same county or state charge me twice for the same domestic case?

Answered 10 years and 11 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Maybe. It depends on the circumstances surrounding the dismissal. If the case was dismissed by the judge for lack of evidence, then usually the prosecutor cannot recharge. On the other hand, if the prosecutor just dismissed the case early on, then they probably can refile the charges later. Make sure you have a good lawyer working on both cases for you.... Read More
Maybe. It depends on the circumstances surrounding the dismissal. If the case was dismissed by the judge for lack of evidence, then usually the... Read More

Can a drug case be thrown out due to misinformation in the discovery?

Answered 10 years and 11 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
This might be a very good issue to raise. If the police obtained a search warrant for a wrong address then it's possible to argue that all evidence obtained through the warrant should be excluded. I can't say for sure though. Your son needs to have an attorney retained to represent him on this case and his attorney needs to obtain and review the reports and the evidence against him.... Read More
This might be a very good issue to raise. If the police obtained a search warrant for a wrong address then it's possible to argue that all evidence... Read More

Can I be charged without proof?

Answered 11 years ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
It may be in your best interest to remain silent and not talk to the police. Only your attorney can answer that question for you though. I can't stress enough how important it is that you have specific legal advice right now. Get an attorney retained.
It may be in your best interest to remain silent and not talk to the police. Only your attorney can answer that question for you though. I can't... Read More
Yes. If a witness has reported to police that you committed a theft, then the police may investigate. If the police conclude that there exists probable cause to believe that you committed a theft, then you may be charged with the crime. If you end up charged with a crime, you'll need a criminal defense lawyer to represent you. It would be in your interests to retain that attorney right away, before you're charged if possible, to work some damage control.... Read More
Yes. If a witness has reported to police that you committed a theft, then the police may investigate. If the police conclude that there exists... Read More

Can the police confiscate marijuana from me but not arrest me?

Answered 11 years and a month ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, it's very possible that you'll still get charged. Don't talk to the police and retain an attorney if you receive charges. As for the landlord, it's anyone's guess.
Yes, it's very possible that you'll still get charged. Don't talk to the police and retain an attorney if you receive charges. As for the landlord,... Read More

Is there any way I can receive an ACD or diversion?

Answered 11 years and a month ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
It is possible to end up with a result that keeps this thing from going on your record. To try to achieve this, your best bet is to retain a criminal defense lawyer. We would take some proactive steps to help your position and then try to convince the prosecutor to give you a favorable deal.... Read More
It is possible to end up with a result that keeps this thing from going on your record. To try to achieve this, your best bet is to retain a criminal... Read More
Yes, it's very common for the police to proceed with charges even when an alleged victim says they don't want to. Now you're charged with a crime. I recommend retaining a criminal defense lawyer right away. A domestic is a serious thing to have on your record and can impact your future for a very long time. You want to try to find a way to avoid a domestic conviction here and your lawyer will help you try to do that.... Read More
Yes, it's very common for the police to proceed with charges even when an alleged victim says they don't want to. Now you're charged with a crime. I... Read More

What happen if I get another misdemeanor theft conviction?

Answered 11 years and 2 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Good question. The prosecutor on the first case will reopen the prosecution and try to convict you of that crime. On the second case, the prosecutor will be hesitant to offer you a deal because you already got denovo on the first offense. I'd definitely recommend retaining a lawyer to help you with both cases. I used to prosecute hundreds of these cases, so I can tell you that if you play your cards right, it's possible to get through all of this without any convictions.... Read More
Good question. The prosecutor on the first case will reopen the prosecution and try to convict you of that crime. On the second case, the prosecutor... Read More

Can a cop just walk right in my garage?

Answered 11 years and 2 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Maybe. Maybe not. Generally, police can't enter your home without a warrant. There are exceptions to that rule though. The exceptions include consent, exigent circumstances, hot pursuit, among others. You need a lawyer to look closely at your circumstances.
Maybe. Maybe not. Generally, police can't enter your home without a warrant. There are exceptions to that rule though. The exceptions include... Read More
It's hard to say. Common sense says that there should be no charges. It's just an accident after all. However, providing alcohol to a minor is a crime. Under Minnesota law, it's an open question whether a specific intent standard should apply or mere recklessness is enough. If charged with an offense of this, your attorney should raise the intent type arguments in your defense.... Read More
It's hard to say. Common sense says that there should be no charges. It's just an accident after all. However, providing alcohol to a minor is a... Read More