To give a solid answer to this, one would need your name and date of birth to really look at the actual register of actions or minutes. If it reads "convicted of misdemeanor" that is likely dispositive, but court administration errors do happen with some regularity. If it shows that the only charge you were convicted of was speeding, and that conviction is listed as a "misdemeanor", that would be erroneous since there is no misdemeanor speeding.
The U.S. Supreme Court recently ruled that a dog sniff is a search and necessitates a warrant, but only for home properties. In other words, the police cannot simply walk onto your property with sniffing dogs for the purpose of contraband detection without a warrant. There is a much more limited expectation of privacy in a vehicle, and after all, the area surrounding your car is public road.
Proving police misconduct with just the above facts seems very difficult. It doesn't take much...
You state that you're not trying to fight this, but the outcome of your case is often dictated by the strength or weakness of your case. YOu may think you'e up a creek, but DWI is a nuanced area of law with a heck of a lot of case law. Many attorneys will charge an abbreviated fee just to make the discovery request, go over all the reports and videos, and tell you whether you have a challenge or whether you're totally screwed. However, it is important at all costs that you not give up the...
This is an excellent case for trial. YOu need an experienced criminal defense attorney that has done a lot of DWI law. The road test is not admissible. Lots of good resolutions with the right lawyer. Love this case. Do not roll over this, and do not plead. I'd be hesitant about even shooting for a careless. It seems to me the case should be dismissed with the right fight.
"Possession and Control" of a motor vehicle is viewed very broadly by the statute. Technically, it could be said you were in possession and control of a vehicle. The reality is, however, that juries can be pretty loath to convict people of such violations, because, frankly, they may view the fact you're waiting for a ride to be a very responsible thing to do. It's a shame the law doesn't recognize when people are trying to do the right thing. Prosecutors will sometimes ditch these if a...
Even with the details here, you could be identified by law enforcement. Make no statement to the police. If they are calling you again and again, it's because they don't have the evidence. If you give them a voluntary statement, they'll have it. Contact a criminal defense attorney immediately.
Much depends on the circumstances of your probation. It sounds like there was no a use or possession provision and you are accused of violating that.
In general, three years of strict compliance is pretty good. It's not automatic that your probation will be violated. State v. Austin is the controlling case governing the standard for revocation. The Court must find that (1) you knowingly violated a specific provision of probation. (2) The violation was willful and inexcusable. (3) The...
It's not terribly meaningful. With a name and court file a good lawyer should be able to tell you the answer. "straight time" may mean that there is a mandatory minimum sentence he was supposed to fulfill.
Before punishment, there must be conviction, and before that, proof beyond a reasonable. The ability of an attorney to hold the state to that burden often dictates the plea offer made before trial.
The age of consent in Minnesota is 16, not 18 like most states. So long as he's not your scout leaders, doctor, teacher, priest, or other position of authority, there's nothing illegal about it. Avoid drugs, be sure to consult a physician, take your prenatal vitamins, and try to be a good mom.