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Alex De Marco
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Alex Marco’s Answers

218 total


  • Is it true that you are unable to travel internationally if you are probation in MN.

    I was recently put on probation for 5th degree domestic assault in Hennepin county MN. I met with my PO for the first time and he told me that I am unable to travel outside of the country. I asked him if he is not letting me go or its just a part ...

    Alex’s Answer

    It largely depends on the nation you are traveling too. Some nations are more restrictive than others. Canada has tended to loosen its restrictions to promote travel and tourism and commerce. Unfortunately, the best way to find out is book a flight and try to go. It doesn't sound like it's a condition of your probation, however.

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  • Will the warrant "expire", & can she be extradited?

    I have a 25 year old daughter that was arrested with two ounces of marijuana & was charged with felony possession of narcotics. She was arraigned & her court case is pending. She did not report in to probation as required as a condition of her ...

    Alex’s Answer

    Bench warrants can expire, but they can also be extended, and they "tolling" for that warrant can be interupted if you've specifcally absconded from justice. Further, it's a felony warrant. While it would take some time, it is a fact that she could be extradited from California to Minnesota at some point if she has any traffic stop or other contact with law enforcement down there. I can tell you having had clients extradited from California....that takes a LONG time. In otherwords, she's risking possibly sitting MORE JAIL TIME on this matter by running then if she just turned herself in and faced music. A Marijuana possession case generally a really simple case to analyze and make decisions on quickly. She should compile paperwork immediately, choose a lawyer, and have that lawyer do a free consult and review the charges and discuss it with her. Most any of us will review documents and discuss strengths and weaknesses for free or a small fee. After she gets some predictability, she should turn herself in and tell her lawyer so that he's ready to begin work on the case right away. THis will minimize her incarceration time and protect her rights.

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  • Will they take my son away from us

    My fiancé was told that she has Marijuana in her system and she is giving birth today. They said they will have to contact a social worker

    Alex’s Answer

    Social services may get involved and the child could be taken temporarily but there will be an emergency protection hearing in a matter of a couple of days and I doubt any judge would keep the child away from you. How much marijuana does make a difference. But this is not a criminal law question. You're going to want to find an attorney that has some experience in child protection cases

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  • I was convicted with a gross misdemeanor check fraud, Can I still obtain a permit to purchase also permit to carry??

    I completed my 10 days of house arrest, also in my probation requirements it says nothing about i cannot have an firearm.

    Alex’s Answer

    • Selected as best answer

    Yes. This is not a crime of violence as defined by statute and does not affect your eligibility.

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  • Can a 18 year old date someone 17 months younger

    ?

    Alex’s Answer

    Yes you can "date" so long as you are not in a position of authority, like a youth group leader or something, which is unlikely given the small differential.

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  • Could I receive another stay of imposition, after a previous felony assault charge ?

    I have four assault charges, one resulted in a felony(stay of imposition). Two are over ten years old, two are seven years old. The stay of imposition sentencing was successfully completed in 2007.

    Alex’s Answer

    One thing that continues to depress me is the constant focus on sentence, as if you've already been convicted. You need to decide, are you just gonna plead, or are you gonna fight? You're a twice convicted felon. Nobody will give you what you want. You have to make it known that you'll try the case, that they could lose or it could be too much work for them. That's the only time good plea deals happen. You're facing prison. If you have prior felony assault charges, that is where they want to put you at this point. The state has a lawyer. You need one too.

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  • Prosecutor may dismiss a complaint or tab charge without the court's approval does this looks good when the prosecutor does this

    I was taken from my home when i thought someone was breaking in and put in jail because someone said i threaten them with an weapon which i never had one or owned one nothing was found but i was put in jail anyways. I plead not guilty and did not ...

    Alex’s Answer

    The prosecutor doesn't need the court's permission. You're home free. Sounds like a prosecuting office that has a littke common sense.

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  • How will a DWI affect my chances of becoming a teacher in Minnesota?

    I was recently arrested for a DWI (I have not yet had my court date). Luckily I did not blow over twice the legal limit and was very respectful to the arresting officer. I have wanted to be a teacher all my life and now I am devastated that if I a...

    Alex’s Answer

    Your sentiment is a consequence of what we've instilled in citizens today, and that is that officers and the system are somehow here to help you. They are not. Being respectful with an officer, while always good form, is not going to change your case a bit. We plead domestics to disorderly all the time. We plead felonies to misdemeanors, but on DWI, there is little to no movement because of very intense lobbying by private interests and groups like Mothers Against Drunk Driving. There will be no movement on your case without hiring an attorney that is willing to attack the case. Your assumption that you will be convicted is particularly lamentable. You haven't even had a lawyer look at police reports or listen to audio or watch the videos in your case. Good attorneys push DWI around hard and get results. You should be consulting with an attorney on how to fight your case. We all offer free consults. I can categorically represent to you that nearly any criminal conviction will greatly harm your ambitions to be a teacher. They are subject to very stringent background checks, and there are so many applicants for every opening. You need to consult with a lawyer immediately. Your timeline is very finite to get maximum results in your case.

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  • The state of Fl. is trying to suspend my license because allegedly I had a speeding ticket and I live in MN , back in 1997?

    I don't remember getting ticket in that yr. I lived in P.R. and now in MN can they suspend licensed or make me pay something I did not get?

    Alex’s Answer

    This absurd. Call an attorney, and this should be able to be taken care of out of court.

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  • Domestic Violence and Violation of no contact order

    3months after our wedding she became more aggressive. I often record her while she kept striking me, our neighbor always come to my rescue,she tried to hit me this time so i held her hands while we struggled then she called the cops claiming i put...

    Alex’s Answer

    • Selected as best answer

    You should contact a firm that specializes in criminal defense and immigration, and has experience dealing with domestic assault matters. Prepare the case for trial, and you'll find that the prosecutor will have difficulties prosecuting you. You have a witness who can speak to her past aggression, and that's very useful, but hire a lawyer who will take the time to prepare this witness. You should consult with more than one lawyer.

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