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 6
Do you have any Minnesota Criminal Defense questions page 6 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

The police are only supposed to search for things specifically identified in the search warrant. There is an exception for contraband that is found in plain view. It sounds like you may have strong defenses to this felony charge. You need attorney assistance right away.
The police are only supposed to search for things specifically identified in the search warrant. There is an exception for contraband that is found... Read More

What should I do if I was caught shoplifting $34 worth of items?

Answered 11 years and 3 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
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 More
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... Read More
It likely won't be that easy. The prosecutor will usually still want to get a conviction. I'd recommend that you retain an experienced attorney to try to get the case dismissed and/or challenge the evidence and the charges against you.
It likely won't be that easy. The prosecutor will usually still want to get a conviction. I'd recommend that you retain an experienced attorney to... Read More

What are the state laws on evading the police while on a motorcycle?

Answered 11 years and 4 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Evading or fleeing police on a motorcycle is the same as in a car. The fleeing law can be found at: https://www.revisor.mn.gov/statutes/?id=609.487. If you're charged with fleeing, be sure that you get help from an experienced criminal defense attorney right away.
Evading or fleeing police on a motorcycle is the same as in a car. The fleeing law can be found at: https://www.revisor.mn.gov/statutes/?id=609.487.... Read More

Can I avoid jail time or having a conviction on my record for shoplifting?

Answered 11 years and 4 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
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 More
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... Read More
You can be pretty sure, yeah. This person may have a good defense though. Retain a good lawyer right away. Happy to offer a free consultation.
You can be pretty sure, yeah. This person may have a good defense though. Retain a good lawyer right away. Happy to offer a free consultation.

What are the consequences of a second driving after revocation ticket?

Answered 11 years and 5 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
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 More
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... Read More
Your best move is to retain an attorney to defend him. His attorney would challenge the evidence and the charges against him while at the same time working with the prosecutor to reach a favorable plea bargain.
Your best move is to retain an attorney to defend him. His attorney would challenge the evidence and the charges against him while at the same time... Read More

What is the penalty for single dose controlled substance?

Answered 11 years and 5 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
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 More
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... Read More

I was falsely accused of not paying for gas, how do I fix this?

Answered 11 years and 5 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Unfortunately, you're charged with a crime here. You need the help of an experienced criminal defense lawyer to clear this up. Feel free to give me a call or an email for a free initial consultation. You need to do everything possible to avoid a permanent criminal theft conviction.
Unfortunately, you're charged with a crime here. You need the help of an experienced criminal defense lawyer to clear this up. Feel free to give me a... Read More
The affidavits won't be admissible. Bring the actual witnesses in to testify. Hire a traffic lawyer
The affidavits won't be admissible. Bring the actual witnesses in to testify. Hire a traffic lawyer
You should seek an expungement. A new law was enacted this year that might benefit you greatly. Retain an attorney to handle the expungement. I'm happy to offer a free initial consultation.
You should seek an expungement. A new law was enacted this year that might benefit you greatly. Retain an attorney to handle the expungement. I'm... Read More
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 More
You should seriously consider hiring a lawyer to represent you. The consequences for this crime will likely be minimal. However, the more important... Read More

Can I get stay of adjudication without a lawyer?

Answered 11 years and 6 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Not likely. It's possible to get a stay of adjudication or better in a case like this, but you need an attorney to raise the right legal arguments and use the right negotiation strategies. Feel free to contact me for a free consultation. Good luck.
Not likely. It's possible to get a stay of adjudication or better in a case like this, but you need an attorney to raise the right legal arguments... Read More
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 More
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... Read More

Will I get a UA in court for a marijuana possession?

Answered 11 years and 7 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
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 More
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,... Read More

What happens if someone misses court because they were in jail somewhere else?

Answered 11 years and 7 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Usually a bench warrant is issued because the court doesn't know that the person is in jail. Even if the court becomes aware, a warrant is often issued nonetheless. It sounds like this someone needs at attorney quickly.
Usually a bench warrant is issued because the court doesn't know that the person is in jail. Even if the court becomes aware, a warrant is often... Read More

What am I likely to get if police found a total of 12 ounces of marijuana?

Answered 11 years and 7 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
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 More
You pose some very good questions. All of these questions should be directed to your attorney - the person that knows the specific facts and... Read More
Generally, yes. The exceptions would be is the 19 year old was a relative or in a position of authority.
Generally, yes. The exceptions would be is the 19 year old was a relative or in a position of authority.

How long will it take for me to get my letter from the police?

Answered 11 years and 8 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
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 More
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... Read More
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 More
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... Read More
Yes it's very possible. You'll want to retain an attorney to help work out these types of arrangements for you.
Yes it's very possible. You'll want to retain an attorney to help work out these types of arrangements for you.

How much time can a felon get with four prior felons on a gun charge?

Answered 11 years and 9 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
The maximum sentence may be 15 years imprisonment. There are many variables that come into play though. Most importantly, this person will not serve any sentence at all unless the state proves its case beyond a reasonable doubt. This person needs an experienced attorney ASAP.
The maximum sentence may be 15 years imprisonment. There are many variables that come into play though. Most importantly, this person will not serve... Read More
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 More
There are numerous legal issues that arise here. You would be aiding and abetting multiple criminal offenses of minor consumption. You would also... Read More
Yes. Unfortunately, an officer's traffic violation does not mitigate any traffic violation you allegedly committed.
Yes. Unfortunately, an officer's traffic violation does not mitigate any traffic violation you allegedly committed.