Given the facts presented in the question, a defense attorney would consider whether the search warrant was lacking probable cause or the search had another legal defect, as part of an effort to suppress evidence obtained in an illegal search. If a judge did suppress all the evidence, the charges... View More

I’m not sure why Benton County would be requiring you to test there as there are testing facilities in Little Falls. I would suggest that you also inquire about transferring probation to Morrison County. The ADA is not going to require that probation make accommodations for your probation... View More

Not much is going to happen until the suspect is located. Once the suspect is located, the court process will begin. How long the process takes is partially up to the suspect. It will depend on if the suspect choses to plead guilty or proceed to trial. I would expect that the court process will... View More

After a criminal charge is filed with the court, the court will either issue a Summons to appear or an arrest warrant. If the Defendant is sent a Summons and fails to appear, the court will issue an arrest warrant. If a criminal case is in warrant status, court proceedings will be put on hold... View More

Dislike of judicial rulings is not a basis to remove a judge and get a new one. It is the norm that you would need to either turn yourself in or to post bond/bail in order to get a warrant quashed. It may even be a body only warrant that requires you to appear in front of a judge on the warrant... View More

It's a good practice to avoid speaking about an incident related to a pending criminal case, other than with a lawyer in a private conversation. If this happened in North Dakota, discuss with an attorney licensed there. Based on the hypothetical facts laid out in the question, in Minnesota... View More

The question is unclear, due to wording. The question appears to be: "Can I use police body cam video in my defense, even if the video records a witness not present in court." The answer is "it depends." A few legal issues often arise when asking a judge to admit police body... View More

The truck's owner could locate the impound lot & ask what they will need to release the truck back to the owner. If a driver's license revocation Notice under Minnesota's "implied consent" law was issued, that must be formally challenged in a court filing before the... View More

The question mentions facts that could give rise to several defense issues. But to focus on the headline question "police officer suspected driver was on fentanyl or heroin, obtained a blood sample after search warrant, results showed presence of meth. Can this still result in a legitimate DWI... View More

See Minnesota Statutes Section 244.05, Subd. 2 (b) (The DOC commissioner may not prohibit an inmate placed on parole, supervised release, or conditional release from using adult-use cannabis flower, or adult-use cannabis products, hemp-derived consumer products, or lower-potency hemp edibles,... View More

No one here is going to be able to address your specific concerns as we do not have access to the discovery in your case. Many of the decisions made by your attorney are strategic that your attorney's to make. You attorney should certainly be discussing the case with you, but your attorney... View More

Step one: Check the Minnesota Statutes definition of felony "crime of violence"Minn. Stat. § 624.712, subd. 5, to see if the crime of conviction is currently listed. If it is, a lifetime loss of civil rights is triggered (unless later restored by court order or pardon). Doing so, it... View More

While the answer would depend upon all the facts and circumstances, most police officers pressuring a target to work off a case should know how to do so without giving the target a defense to a subsequent charge. Your lawyer would have access to more information as well as the ability to ask you... View More

In Minnesota, even if the citation you received doesn’t list a court date, shoplifting offenses require a court appearance. That court appearance typically comes by way of a summons that will be mailed to you, so it’s important to keep a close eye on your mail in the coming weeks. If you... View More

Most people would not want a theft conviction on their public record. If a theft charge was a payable offense, it would result in a public conviction record, though a "petty." You could try to pay it via the Minnesota Courts website "pay fines" tab. But I doubt that it is a... View More

The question touches upon two legal topics: evidence law and the elements of the crime claimed. A photograph can be evidence admitted into a trial, if properly authenticated, including testimony that it fairly represents what it is purported to depict, as well as being material and relevant to the... View More

They absolutely shouldn't, but they do all the time. Inviting someone who threatened your life to show up during a search warrant at your home is not just reckless—it’s a complete failure of their duty to protect you. Unfortunately, this kind of behavior isn’t as rare as it should be,... View More

A criminal statute must have an "intent element." The level of criminal intent varies in different criminal statutes, but some level of intent to do the prohibited act must be proven. For a person characterized by police as a "target," exposure to criminal liability might exist... View More

1. Do not speak with police, at all. Decline any police contacts to speak. 2. Contact a criminal defense lawyer for some help. 3. It can help to try to preserve evidence that might be helpful, such as video of the accuser threatening people with knives.

Even though you already left a voicemail, do not provide any further statements or explanations to law enforcement. Anything you say can and will be used against you. The officer may seem helpful or neutral, but their job is to investigate a crime—not necessarily to clear you. Instead, consult... View More