Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Minnesota Criminal Law Questions & Answers
3 Answers | Asked in Criminal Law for Minnesota on
Q: Accused of assault in MN; accuser with multiple restraining orders pressing charges. Next steps?

On February 15th, I was accused of assault by someone who has restraining orders against them from multiple parties and frequently calls the police. An officer came to my house to question me, but I wasn't home, so I later returned his call and left a voicemail. Eleven days later, he contacted... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 27, 2025

Get an attorney to represent you. Do not make further contact with law enforcement. Let the attorney handle things from here on out. Your attorney can handle any contact with law enforcement and also can provide any exculpatory evidence to the prosecutor.

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on
Q: How to correct record errors and explore expungement for past convictions?

I'm seeking legal assistance to rectify issues on my criminal record and explore expungement options for past convictions. In 2011, I was charged with a 5th-degree felony, and after a probation misunderstanding, my probation was reset in 2016 without new charges. My 2011 charge incorrectly... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 24, 2025

Let's start with the DWI. Did you plead guilty to the charge? If so, it is too late at this point to go back and challenge the conviction as violating the cooperation agreement. The time to do that was back in 2018, not seven years later in 2025. I'm confused as to why an extension of... View More

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can I be charged with drug possession after an unlawful search?

I was leaving a Kohl's store when I was suddenly confronted by 5-6 police officers who accused me of shoplifting. Although I was not shoplifting, they searched my pockets without my consent and found a small bag of drugs, leading to a 5th degree drug possession charge. I did not hear them read... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 24, 2025

They do not need to read your rights unless they are going to perform custodial interrogation. The fact that they did not locate stolen good does not mean that you get a free pass on any other illegal items that you might have been in possession of. You should get an attorney on board who can... View More

View More Answers

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can I be charged with drug possession after an unlawful search?

I was leaving a Kohl's store when I was suddenly confronted by 5-6 police officers who accused me of shoplifting. Although I was not shoplifting, they searched my pockets without my consent and found a small bag of drugs, leading to a 5th degree drug possession charge. I did not hear them read... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 24, 2025

A defense lawyer will look at two separate stages of a police encounter: 1. Was evidence collected unlawfully, so that the defense can ask a judge to suppress the evidence? 2. Given the evidence that has survived any defense motions to suppress, does the evidence support probable cause for the... View More

View More Answers

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can I be charged with drug possession after an unlawful search?

I was leaving a Kohl's store when I was suddenly confronted by 5-6 police officers who accused me of shoplifting. Although I was not shoplifting, they searched my pockets without my consent and found a small bag of drugs, leading to a 5th degree drug possession charge. I did not hear them read... View More

Sarah Gad
Sarah Gad
answered on Feb 23, 2025

Unfortunately yes, it is perfectly lawful and happens during any arrest. When you are arrested for any offense, police officers are permitted to do what's called a search incident to arrest. Whatever they find on you during the search incident to arrest is fair game for charging purposes. In... View More

View More Answers

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Q: Was it legal for the officer to open my car door and take keys without consent?

I fell asleep in my vehicle on a public road, and during a welfare check, an officer immediately opened my car door without my consent and took my keys. He then observed a piece of cellophane from the outside, which did not contain anything, and put it back. While waiting for my information to be... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 21, 2025

You need an attorney who can review all the information, not just your recitation, about what occurred to advise you whether the search was valid or not. It is unclear from the question what you are charged with, buy you need an attorney on board if you are going to challenge that search that... View More

View More Answers

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Q: Was it legal for the officer to open my car door and take keys without consent?

I fell asleep in my vehicle on a public road, and during a welfare check, an officer immediately opened my car door without my consent and took my keys. He then observed a piece of cellophane from the outside, which did not contain anything, and put it back. While waiting for my information to be... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 21, 2025

A defense lawyer will need more facts, all available evidence and information, in order to make a determination about whether a good Fourth Amendment search & seizure issue exists. The only lawyer who will have access to that will be the lawyer representing you, or who will be. Given the... View More

View More Answers

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: Can police arrest me for requesting badge numbers in MN?

I had a verbal confrontation with an employee at an establishment and was asked to leave, which I did. While returning to my car in the parking lot, police officers approached me, informing me that I was being trespassed from the property. I requested the badge numbers and names of all the... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 16, 2025

Would it be lawful for a police officer to arrest a person simply for requesting their badge number and identification in Minnesota? No, because a lawful arrest would require either an arrest warrant or sufficient "arrest probable cause" of criminal activity. A related question might be:... View More

View More Answers

1 Answer | Asked in Domestic Violence and Criminal Law for Minnesota on
Q: What does the victim need to do to drop any no contact order if they don't have an advocate in a domestic
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 11, 2025

Dropping a no contact order is not up to the alleged victim. It is a decision that is up to the Court. But the alleged victim can certainly contact the Court and request that the no contact order be dropped. A copy of that request would need to go to the prosecutor as well as the defense... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Minnesota on
Q: Am I able to test evidence used against me in a drug case ?

I'm fighting a case for 5th degree, I requested a speedy trial, day of speedy trial, DA amended charges to a 3rd degree, which my p.d. request that we withdrawn speedy request so we would be able to have the evidence (drugs) tested due to DA amending the charge at last minute. So we... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 21, 2025

It should be possible to get a lab to retest a substance the state claims to be illegal drugs, either at the same lab or a different one. The Defendant might be required to pay for that, unless a judge were to order otherwise. Retesting would take time to complete, either way. The defense... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Minnesota on
Q: Can a girl that was 15 and experienced 1st degree sexual assault x’s in 2008 by a man in his 40’s still file charges

This man also harassed her when she married and moved to California in the years following up to 2014. The initial occasions of assaults at age 15/16 definitely qualify for 1st degree… I understand this would depend on the police and prosecutor but she doesn’t want to put herself through the... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 14, 2025

Individuals don't "file" charges. The decision to charge comes from the prosecuting attorney in the county where the offense occurred. The allegations can be reported to law enforcement. The allegations would be investigated and a determination would be made by the prosecuting... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Minnesota on
Q: If I have a an HRO against me, is it a violation to have the other party served court paperwork by mail in Minnesota?

My ex husband has an HRO against me. He has been withholding my children and wrongfully denying me my parenting time for two and half months which is in violation of our court order. I submitted a motion for parenting time assistance to family court to ask them to enforce our current court order. I... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 31, 2024

Best practice for a person with a Harassment Restraining Order prohibiting contact with anothe rperson would be to avoid contact, whether direct or indirect. In practice, such a person may end up in the same courtroom during or waiting for a court hearing, for example. And that would not be... View More

2 Answers | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: If I got a dui while on probation and entered treatment before I could Tell my probation officer will I still go to jail

Misdemeanor probation for disorderly conduct. And I’m trying to contact probation officer but she is on vacation. I seeked treatment immediately after I was released from jail

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 21, 2025

Picking up a new criminal charge of DWI while on probation for misdemeanor Disorderly Conduct could be a violation of conditions of the stayed sentence. But entering and completing chemical health treatment would be viewed as a mitigating factor. Keeping to Probation Officer informed is a good... View More

View More Answers

1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: Does Intoxalock report to my po? I’m in mn and got a dui last year, on low risk. I blew twice but had taken DayQuil

Two test said I failed I called Intoxalock and they said I was fine. But at my last calibration I got a lockout work order for inspection? I’m just scared and not to do that again. Please help.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 26, 2024

Probation would only be notified if you signed a release of information allowing Intoxalock to provide information to probation. You should make sure to read the entirety of the handbook that Intoxalock provides regarding what substances will cause a failure. It is unlikely that probation will... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can the prosecutor amend a charge on the day of your speedy trial start date?

I have been fighting a 5th degree, DA amended charge to a 3rd degree the day of my jury selection for my speedy trial. Can they do that? The DA knew the weight from jump.(10.447g) and even told my p.d. that "she's lucky I'm only charging her with a 5th degree not a 3rd degree".... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 23, 2024

Under the Minnesota Rules of Criminal Procedure, the state may add new charges to a complaint if the case is in pretrial proceedings. Minn. R. Crim. P. 3.04, subd. 2. The state may also amend a complaint "at any time before verdict or finding if no additional or different offense is charged... View More

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I hurt my girlfriend and she tried to run me over there is no evidence of me doing anything but there is of her

Can she get in trouble or is it self defense I hurt her emotionally I didn't get physical and she tried to run me over

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 19, 2024

If someone alleges an assault, either to police or in family court for example, that could qualify as "trouble" for the person accused. If facing a criminal assault charge in court, the defendant can raise the defense of self-defense, if he or she has some evidence to support that... View More

View More Answers

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can the courts go back and change time to serve after 2 years without any violations from the offender in MN.

Was charged with 5th degree possession of a controlled substance in 2022 the sentence details state I was given 30 days in jail which was stayed and a stay of imposition, fast forward to 2024, have had zero violations the case was up for review and now the county attorney is trying to say a year... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 11, 2024

The stay of imposition meant that if you successfully completed probation, that the matter would've become a misdemeanor. However, if you violated probation, the stay of imposition could be vacated and there would be a stayed sentence of one year and one day on a lower level felony like a... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: does a search warrant have to state if the victims can be present during the search warrant to a home?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 9, 2024

The right of the search warrant authorizes law enforcement to be in the location to search and seize items of evidentiary value. I don't know that there would need to be a specific authorization for additional people present, for example the alleged victim, if they have the alleged victim... View More

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: My public defender lied to me about my sentence what can I do and how can I file a compliant or report him in MN

Last week I was sentenced, but my public defender failed to tell me all of the details of my sentence. He told me that I would be on probation until I complete 40 hours of community service. After he explained this to me I repeated it back to him for confirmation that I understood it correctly.... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 19, 2024

People are often discharged from probation early once they have completed the terms and conditions of their probation. I can't say for Ramsey County, but in many counties you would be transferred to unsupervised probation or discharged early after you have completed your community service and... View More

View More Answers

1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: I'm being accused of arson. I was signed in at a county library and my public defender said they weren't about to verify

Im being accused of arson. the exact time this allegedly occurred (which mind you-building is still there) I was signed in @ a county library & logged in on one of their computers. Directly before & after library I was @ adjacent building the county community action building meeting w/ a... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 14, 2024

Arson doesn’t require that you entirely burn down a building. Arson is intentionally setting the building on fire. Whether it burns down or not is immaterial.

The cops aren’t generally going to track down and verify every alleged alibi that a suspect tells them about. I’m not sure...
View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.