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
Do you have any Minnesota Criminal Defense questions 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

I have 2 felony charges involving narcotics but this is my first offense. What will happen?

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

Who would I have to call to know if a search warrant was signed for

Answered 5 years and a month ago by attorney Matthew James Mankey, Esq.   |   1 Answer   |  Legal Topics: Criminal Defense
Are you suggesting that law enforcement forged a warrant?  If it that was the case, of course the fruits of the search would be illegal.  The warrant must be supported by allegations in the form of an affidavit that supports a finding of probable cause.  You have to be ever vigilent but cops executing a bogus warrant would be so clearly illegal that it is hard to believe that they would be that reckless.  You should contact a criminal defense attorney to discuss the case with him or her.  They will want to know what was seized if anything and to verify that the warrant stated with specificity the places to be searched and the things to be seized.  You are also entilteld to receive the aforementioned affidavit as part of the discovery in your case.  An experienced crimnal defense attorney will know what to do.... Read More
Are you suggesting that law enforcement forged a warrant?  If it that was the case, of course the fruits of the search would be illegal. ... Read More
72 hour hold doesn't sound right unless he was taken to detox or the psych ward. Instead, was he arrested for a probation violation? If so, then he would normally see a judge sooner, but depends on when the arrest took place. He doesn't have the absolute right to bail if he?s already on probation. So the judge could order him to be held without bail. Get a lawyer hired for him.... Read More
72 hour hold doesn't sound right unless he was taken to detox or the psych ward. Instead, was he arrested for a probation violation? If so, then he... Read More
There will be a waiting period, probably two years, that doesn't start until after probation is finished. He needs to remain absolutely law abiding. Then he will have a good shot at achieving an expungement if he gets help from a good lawyer and if his sister supports it.
There will be a waiting period, probably two years, that doesn't start until after probation is finished. He needs to remain absolutely law abiding.... Read More

Can a driver be arrested for broken tail light?

Answered 8 years and 5 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
I suspect that your father-in-law may have had an outstanding warrant on another case. Is that possible?
I suspect that your father-in-law may have had an outstanding warrant on another case. Is that possible?
It?s impossible to know. When you miss a court date in Minnesota, the judge will issue a warrant. The warrant can be state only or nationwide. If it's a nationwide warrant, and then you are arrested out of state, then the Minnesota prosecutor will need to decide whether to extradite you back. So, the best answer I can give you is that there's definitely a chance that you would be extradited.... Read More
It?s impossible to know. When you miss a court date in Minnesota, the judge will issue a warrant. The warrant can be state only or nationwide. If... Read More
You might have a good issue here. The blow was a search without a search warrant. There are very limited circumstances where the cops can search you without a warrant. If you're serious about fighting this criminal charge then you will want to have a lawyer help you.
You might have a good issue here. The blow was a search without a search warrant. There are very limited circumstances where the cops can search you... Read More
So are you saying that there are criminal charges filed against you? An old arrest warrant hanging out there? You should contact a Minnesota criminal defense attorney for a free consultation. A lawyer can look up your name and case information and give you an idea of what you are looking at. Are you still out of state? It may be possible for your lawyer to arrange for a way to settle the case.... Read More
So are you saying that there are criminal charges filed against you? An old arrest warrant hanging out there? You should contact a Minnesota criminal... Read More
You have a lot to challenge here. You can contest the basis for the search warrant. You can have the alleged drugs retested and reweighed. You can litigate the scope of the search. We can try to negotiate our way to a deal that keeps his thing off of your criminal record. Most important thing for you to do is to retain a good lawyer.... Read More
You have a lot to challenge here. You can contest the basis for the search warrant. You can have the alleged drugs retested and reweighed. You can... Read More
Wow. This is quite a story. What you need most is help from an experienced criminal defense attorney. We see this happen frequently, where the victim of abuse actually gets prosecuted for committing abuse. There are ways to fight these charges. You need a lawyer to represent you and to help you exercise your rights.... Read More
Wow. This is quite a story. What you need most is help from an experienced criminal defense attorney. We see this happen frequently, where the victim... Read More

Is it illegal for an officer kicked my door in without a warrant?

Answered 8 years and 7 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Perhaps not. Typically an officer can't just barge his way into a private residence. But there are exceptions to that rule. Your fiance should get an experienced criminal defense lawyer retained to file a motion to dismiss.
Perhaps not. Typically an officer can't just barge his way into a private residence. But there are exceptions to that rule. Your fiance should get an... Read More
This all sounds legal to me. If he knows who you are, there?s nothing wrong with running your name through the computer system. Once he sees your license status, and then sees you driving, that?s reasonable suspicion for a stop.
This all sounds legal to me. If he knows who you are, there?s nothing wrong with running your name through the computer system. Once he sees your... Read More
You'd need to motion the court to amend your conditions of probation to allow contact. Have a lawyer help you.
You'd need to motion the court to amend your conditions of probation to allow contact. Have a lawyer help you.
Driver's license - no. Public assistance - maybe. If you're not comfortable with your current attorney, you can hire a private criminal defense attorney to defend you.
Driver's license - no. Public assistance - maybe. If you're not comfortable with your current attorney, you can hire a private criminal defense... Read More
Maybe. Sounds like it could be a strong case.
Maybe. Sounds like it could be a strong case.

Do convictions in another state follow you to your home state?

Answered 8 years and 8 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
It depends. What type of crime? What level offense? For what purpose would a background check be conducted?
It depends. What type of crime? What level offense? For what purpose would a background check be conducted?
Get a lawyer. You will very likely be charged with the crime. Could be a felony or misdemeanor charge. Get in front of this thing. There are things that your lawyer will have you do before your first court date. Depending on the county, the court will either issue you a summons with a court date, or the court could just issue an arrest warrant.... Read More
Get a lawyer. You will very likely be charged with the crime. Could be a felony or misdemeanor charge. Get in front of this thing. There are things... Read More
Yes, it very likely would. You'd still be a convicted criminal.
Yes, it very likely would. You'd still be a convicted criminal.

Can I be arrested for theft less than one hundred dollars?

Answered 8 years and 8 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Yes. In Minnesota, every theft is a misdemeanor crime at a minimum.
Yes. In Minnesota, every theft is a misdemeanor crime at a minimum.

Can I be charged if took some money as a prank?

Answered 8 years and 9 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Yeah you could be charged. The crime would be misdemeanor theft. A person can still be guilty of the crime even if the money was returned. For example, if someone is shoplifting at Target and caught by security on the way out the door, that person can still be prosecuted for theft even though all the property was returned. Your case would come down to intent. The state would have to prove that you intended to steal be money. I doubt that you'll be charged. However, I strongly advise that you decline to talk to the police. If you are contacted by anyone about the incident, shut up and get a lawyer hired right away. Tell the police that you're exercising your right to remain silent and that you're not going to say a word until your lawyer tells you to.... Read More
Yeah you could be charged. The crime would be misdemeanor theft. A person can still be guilty of the crime even if the money was returned. For... Read More

Do I need an attorney for CR theft?

Answered 8 years and 9 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
Yes. Theft is a serious crime. Could be misdemeanor or even felony. You always want legal representation when you're facing a criminal charge.
Yes. Theft is a serious crime. Could be misdemeanor or even felony. You always want legal representation when you're facing a criminal charge.
He could be sent back to prison on the parole violation *and* he could face a prison sentence on the new felony charge. This person needs an experienced criminal defense attorney quickly.
He could be sent back to prison on the parole violation *and* he could face a prison sentence on the new felony charge. This person needs an... Read More

What am I looking at if I violated probation for 5th degree possession 3rd DWI?

Answered 8 years and 10 months ago by attorney Samuel J. Edmunds   |   1 Answer   |  Legal Topics: Criminal Defense
It's impossible to say. Likely anywhere up to a year and a day in prison. Have a lawyer look at your case to give you advice tailored to your situation.
It's impossible to say. Likely anywhere up to a year and a day in prison. Have a lawyer look at your case to give you advice tailored to your... Read More
You have the right to file a petition challenging the forfeiture. You will probably want to have a lawyer help you. If you had nothing to do with the illegal activity, it is likely that you could prevail. It's also possible that we could negotiate with the prosecutor's office to have the vehicle returned.... Read More
You have the right to file a petition challenging the forfeiture. You will probably want to have a lawyer help you. If you had nothing to do with the... Read More
Yes it's absolutely time to hire a lawyer. What you describe as an authorized raise sounds an awful lot like theft from your employer. Do not make any statements to your employer or the police until you are advised to do so by your attorney. This is a serious matter that could lead to a felony criminal charge against you.... Read More
Yes it's absolutely time to hire a lawyer. What you describe as an authorized raise sounds an awful lot like theft from your employer. Do not make... Read More