If police break into a house with a Search Warrant, they are required to either leave a copy or give a copy to a person present. I am not aware of a requirement that they do so, *before* they come in and search. That could create security risks, and that is likely the reason. Normally they will,... Read more »
I received an order of protection against an ex-boyfriend two years ago. Unfortunately I did end up going back to him and dating him while the order was in effect but have since completely left him and no longer want to see him and I am in fear of him. There were countless violations of the order... Read more »
There is a form you can fill out to request an extension. I don’t know if he was charged and convicted for violating the OFP, but that alone would be enough to get the OFP extended.
Left home In vehicle to get away from being beat up by partner..then partner called 911 to have police pull her over for drinking and driving. There was a roommate witness.
You could certainly attempt a necessity defense in a case like this. Ideally the situation is also something the prosecutor would take into consideration and he or she might be willing to dismiss the charges under the circumstances.
If something like that happened in Los Angeles, California, you should pose the question to a criminal lawyer in California. This is a Minnesota Q & A page. In Minnesota, the state can charge DUI - drugs if there is evidence to support the charge, for example a blood test.
Can't get complete question in on prior page. Per father's Will all assets went to his surviving wife. His wife passed away and she has new will where all assets go to here 4 children, all sons on father's Will were removed. In short instead of assets being split between 8, now all... Read more »
Yes. Only a spouse has a statutory right to inheritance.
Winona County.
The issue is not the residency. The issue is whether the ticket is charged as a misdemeanor or a petty misdemeanor. A petty misdemeanor does not carry the possibility of jail time and consequently you would not be entitled to court appointed counsel. But you would if the charge is filed as a... Read more »
details to the county attorney. Always communicates with me last minute. Has no mailing address just a Google account. He closed his office for a different job. Do I need a different attorney, and how do I do that now?
You can always switch attorneys if you are unhappy with your representation. You would either need to hire a new attorney or you could discharge your current attorney and apply for a public defender if you qualify. You should reach out to attorneys directly if you believe that you might be hiring... Read more »
I was originally told that I was being arrested for assault by the officer unless I talked to him. I touched no one. He detained me for assault. After the investigation they determined that I never touched anyone. I was already off the property awaiting my cab and then was told that the bar just... Read more »
You would typically be provided a written trespass notice which would require that the the notice include your name, DOB, etc. I'm not sure how refusing to provide ID would justify charging you with both Disorderly Conduct and Obstructing Legal Process. You should secure legal representation... Read more »
If I am in the left turn lane, with my left blinker on, and 30 feet before the crosswalk while moving forward I blinker right and get back into the lane that goes straight through the intersection, is that against any traffic laws? No other vehicles were around at the time and I was pulled over for... Read more »
The police need reasonable articulable suspicion to pull someone over. There isn’t necessarily anything illegal about what you did, but other factors might’ve played a part in why you were pulled over. Speak with attorney directly about your situation for more specific answers about your situation.
I was involved in a domestic last Sunday and this was the second time in two years my husband has been arrested for a domestic. There is a DANCO in place but we have a home and three young kids together.
Is it possible to file a motion to cancel the DANCO? Yes. Is it likely to be granted? No. This is the second domestic in the last two years and the most recent domestic assault occurred about a week ago. I do not believe that the Court is going to grant your request to cancel the DANCO under... Read more »
I am currently drafting a counter-response to a copyright infringement notice about a torrented file and must write "Your statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the... Read more »
You should consult with an attorney.
Currently incarcerated in Faribault MN Prison. Was sentenced 12/21/2012, 4 years remaining. With the laws changing and my depreciating mental health, I need him out here is possible to take care of me. Looking for Appeals Attorney to review his case and see what our options are. Im on disability... Read more »
Your fiancee's has already appealed his convictions. That appeal was decided by the Minnesota Court of Appeals April 28, 2014. Absent something extraordinary, he no longer is able to appeal or challenge any errors that might've occurred in his case. An appellate attorney would need to... Read more »
I haven’t had a speeding ticket in 5.5 years. I don’t mind paying the fine, I would like to avoid the insurance hike. Is it possible to get a continuance for dismissal based on my driving record or will previous tickets remove that option altogether? Ticket was issued in Steele County, MN.
The bigger issue for you is the county where the citation was issued. Not all counties give continuances for dismissal during the negotiation process. They are far harder to come by the further from the metro that you get. Steele County may not offer continuances for dismissal as a matter of... Read more »
In the state of Minnesota
What did happen? If it has not happened, yet - then avoid that trouble. A felon on probation cannot lawfully possess a pistol or modern sporting rifle. And conditions of probation may prohibit possession of any firearms (read the sentencing order). The first would be a new charge of... Read more »
I'm on probation for wi,ia,and min. I live in mn and found out t hff at ia has a warrant for my arrest with a $5000 cash only bail. I'm a ft student and start my next semester of college next month on the 10th and have to complete the first week of class to get my student loan which I... Read more »
Yes, police can execute an arrest warrant by coming into a home with no other legal authority than the warrant, if they have reason to believe the fugitive is located within. They don't necessarily need to see the fugitive; nor do they need any permission beyond the warrant.
That would depend upon whether they had reason to believe that the fugitive named in the arrest warrant was in the home. The Minnesota arrest warrant would be based upon the out-of-state warrant.
Can she do this without my permission
It would make all the difference if she waited until you turned 18. Case law is pretty clear and consistent on this. before 18, her abandonment of LPR status would be imputed to you.
You should still consult a lawyer. All these analyses are very fact driven.
I appealed the denial of a motion to suppress in my criminal case. The briefs were filed and the case submitted to appeals on September 21. I read the decision must be made in 90 days. What happens when they don't?
Nothing. The decision will be issued in due course.
Back in 02 I came up positive on a drug test.. I was brought in to Cid headquarters and they said that I was gonna have a felony on my record... then they kicked me out... but I think it was a cover for something they thought I did but couldn't prove
This question needs to be asked in a military law forum or in a Germany criminal law forum. Minnesota law would not apply to this situation.
Judge said that he recommends a lawyer present. He has a full-time job which he doesn't qualify for public attorney? Can we apply for public attorney? And what is he realistically looking at for the 5th degree issue,?
Of course he can apply for Public Defender representation. Most people with a full time job will not qualify, based on net income. But I believe some do, i.e. a minimum wage job holder who is paying high child support on five kids. It can't hurt to apply. A conviction for any felony drug... Read more »
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