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Landon J Ascheman's Answers
- 322 Legal Answers
- 0 Legal Guides
4
Attorney answers:
Almost 10 days ago, I got charged with a 4th Degree DWI. How long can they wait to give me a court date till they can't anymore?
There are at least two sides to a DUI, the civil license revocation and the criminal charges. I would encourage you to speak to an attorney near you to discuss your case in more detail. The statute of limitations in Minnesota is 3 years, however, most cases are filed within the first 3 months.
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3
Attorney answers:
Aren't there cameras inside the police car?
I would agree with you. There are cameras inside some police cars. However, there are not always cameras. And when there are cameras, they are not always on. This is an unfortunate truth. If there was a camera, and the camera was on, you have a right to a copy of the recording.
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3
Attorney answers:
Can I live ''under the radar''?
If you are on probation and you are required to inform your probation office or the BCA of where you are living or working you CANNOT live under the radar. Failing to inform them of your location will be a violation. There is a reasonably good chance they will find out and you will likely be facing jail time. I would note that there are several issues and facts seem to be missing. For the best advice to need to sit down with a criminal defense attorney and have them look into your case.
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3
Attorney answers:
Can I get a stay of imposition removed from my record?
1). What would they see? - An employer would see that you had been charged with 5th degree sales and 5th degree possession. They would see the conviction. Depending on their ability to read the court records they could realize that it was a felony level offense that would be dropped to a misdemeanor upon successful completion of your probation. This, however, depends on what occurs during probation and on the specific plea negotiations you entered into. I cannot give case specific...
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3
Attorney answers:
Today at school the principal searched my car he found bottle that had a strong odder of alcohol. Charged with MIP
This could be charged with a MIP offense. I would strongly encourage you to fight this offense. Based on the information you provided, there is reason to believe you should not be held accountable for what one of your friends placed in your vehicle, especially if you didn't know it was there. Your best course of action is to contact an attorney and discuss your situation. There are a lot of additional facts and information that is needed to give you the best advice. If you would like to...
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2
Attorney answers:
Would it be legal to use deadly force against the towing of occupied vehicle? lol
Not sure I can say it any clearer than the statute, so here it is... The intentional taking of the life of another is not authorized [ . . . ], except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode. You've already conceded no great bodily harm or death, and I'm assuming you don't live in the car. Therefore it wouldn't...
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3
Attorney answers:
Interesting case and need help
The Public Defenders are generally excellent attorneys. However, they are generally restricted in what representation they can preform and generally have a very high case load. Without far more details it is impossible to determine why his public defender is making these decisions. If this is a situation where you believe your brother is not getting the representation he needs, you may want to look for a private criminal defense attorney. If you would like to discuss your case further,...
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3
Attorney answers:
What should i do when i was charged with rape. And the girl admits years later that i didnt do it.
If the victim is recanting their statements you can seek post-conviction relief. However, the amount of time that has elapsed will make it difficult to have this conviction challenged. I would strongly advise you to gather your paperwork and consult with a criminal defense attorney near you.
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3
Attorney answers:
My friend and i where apparently assaulted at a bar. my friend was also basically robbed of his money and shoes.
You have a right to make a complaint to the police department. However, you should be aware that you also open yourself up to potential prosecution. If the bouncers claim that you assaulted them, but they were not the ones to assault you, your inability to remember the details of the evening becomes a severe liability.
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3
Attorney answers:
I am trying to find an attorney that will sue a company. I am looking to sue CPS and need some help
I assume that CPS is Child Protective Services. In which case, you are not looking to sue a company, but a government agency. It may be possible to file a suit against the agency, but there are not enough facts or information to make that determination. The first thing you need to do is to challenge CPS's case against you. If you do not have an attorney representing you, I would strongly advise you to retain one. If you would like to discuss your case further, feel free to contact our...
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