Alex De Marco’s Answers

Alex De Marco

Lakeville Criminal Defense Attorney.

Contributor Level 11
  1. Petty misdemeanor

    Answered 11 months ago.

    1. Alex De Marco
    2. Samuel John Edmunds
    3. Brent Schafer
    4. Maury Devereau Beaulier
    5. Tricia Dwyer
    6. ···
    6 lawyer answers

    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. [removed]

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I was really drunk and got into the wrong car. The owner called the police. I have court for misdemeanor tampering. Thoughts?

    Answered 11 months ago.

    1. Mark Edward Arneson
    2. Samuel John Edmunds
    3. Alex De Marco
    4. Tricia Dwyer
    5. Andrew M. Leone
    6. ···
    6 lawyer answers

    There is an unspkoken intent requirement and caselaw on point with this. Add to that no jury is the world would convict someone of this. It seems to be getting harder for counties to distinguish between crime and accident. Contact a defense lawyer right away.

    7 lawyers agreed with this answer

  3. Can police freely do an "open air sniff" using a K9 even if I refuse a search of my car?

    Answered over 1 year ago.

    1. Alex De Marco
    2. Christian Ryan Peterson
    3. Rixon Charles Rafter III
    4. Zisl Taub Edelson
    4 lawyer answers

    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...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. If phone records are subpenaed, does the defendant get the subpena before the charge is given

    Answered 10 months ago.

    1. Alex De Marco
    2. Samuel John Edmunds
    3. Max Allen Keller
    4. Tricia Dwyer
    4 lawyer answers

    Unfortunately courts in minnesota have ruled you have no privacy in "subscriber information". That means you can't exercise a privacy right over that. However, recent Federal rulings call that into question. This leads to what we lawyers call "fun." If you are fortunate enough to be a situation where your phine records have been subpoenaed, but you have not been charged, then heed this singular piece of advice: DO NOT TALK TO THE POLICE. They're gonna come knockin'. Don't talk to them....

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  5. I am 17 almost 18 in MN and was arrested for a dwi what should i do and expect

    Answered 9 months ago.

    1. Douglas Troy Kans
    2. Ethan Patrick Meaney
    3. Alex De Marco
    4. Douglas Wayne Jones Jr
    4 lawyer answers

    Under the current Brooks/McNeely analysis, you are prime material for a great constitutional challenge. You should absolutely hire an attorney and under no circumstances plead guiltly. You're not going to jail, even if you push it to the bitter end and lose, and young people are particularly well situated to challenge the voluntariness of the consent pursuant to Brooks.

    5 lawyers agreed with this answer

  6. Representing Self for a 3rd Degree DWI - High BAC was the aggravating factor.

    Answered 11 months ago.

    1. Ethan Patrick Meaney
    2. Samuel John Edmunds
    3. Derek Anthony Patrin
    4. Tricia Dwyer
    5. Maury Devereau Beaulier
    6. ···
    7 lawyer answers

    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...

    5 lawyers agreed with this answer

  7. Can I get this lowered to a 4th or a careless?

    Answered over 1 year ago.

    1. Derek Anthony Patrin
    2. Kevin Wade DeVore
    3. Thomas C Gallagher
    4. Tricia Dwyer
    5. Douglas Troy Kans
    6. ···
    8 lawyer answers

    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. alex@cavdem.com 651-503-8394

    5 lawyers agreed with this answer

  8. I am being charged with a 2nd degree DWI - refusal to test and a 2nd degree DWI - under the influence what can i do ?

    Answered over 1 year ago.

    1. Michael Terrence Walters
    2. Maury Devereau Beaulier
    3. Adam William Klotz
    4. Andrew M. Leone
    5. Douglas Troy Kans
    6. ···
    7 lawyer answers

    "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...

    5 lawyers agreed with this answer

  9. My 23 yr old son is a level 1 sex offender(5 th degree) they will not let him be around his 13 yr old brother,is that right?

    Answered 8 months ago.

    1. Alex De Marco
    2. Maury Devereau Beaulier
    3. Tricia Dwyer
    4. Anjie M. Flowers
    4 lawyer answers

    It is within the power of a lawyer to motion for a modification of probationary conditions. There is also good caselaw regarding court imposed restrictions and the interests of government vs. The right to freedom of association, and the greatest among those freedoms is the right to be with family. There is great justice in this case and I believe a judge would look favorably upon it.

    Selected as best answer

  10. Should I give a police officer my statement, no physical evidence I committed crime? What should I do?

    Answered over 1 year ago.

    1. Christian Ryan Peterson
    2. Thomas C Gallagher
    3. Alex De Marco
    4. Michael Terrence Walters
    5. David W. Jacobsen
    5 lawyer answers

    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. 651-503-8394

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

651-503-8394