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Scott Baker’s Answers

5 total

  • Will I go to prison to serve 21 days remaining on a 17 month original sentence

    I had time concurrent and did a year in anoka county. I had about 106 or so days before I did that time in anoka. On another probation it was 17 months. After everything I have 21 days left to serve on a 17 month sentence, I have never been to pri...

    Scott’s Answer

    • Selected as best answer

    If your sentence is actually executed, you would be sent to DOC- St. Cloud for processing and put on supervised release. Other solutions may be possible. I recommend consulting an attorney.

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  • What is the penalty in Minnesota for using a fake ID to buy alcohol?

    18 years of age, first time offender

    Scott’s Answer

    I should add that to display or possess any fictitious or fraudulently altered driver's license or Minnesota identification card is also a misdemeanor and the act of making a counterfeit Minnesota DL or ID card is a gross misdemeanor (maximum penalty 1 year jail/$3000.00 fine)(Minn. Stat. 171.22).

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  • What is the penalty in Minnesota for using a fake ID to buy alcohol?

    18 years of age, first time offender

    Scott’s Answer

    It is unlawful for a person under the age of 21 years to claim to be 21 years old or older for the purpose of purchasing alcoholic beverages. (Minnesota Statute Section 340A.503 Subd. 5).

    A violation of this statute is a misdemeanor punishable by a maximum of 90 days jail and/or a $1000.00 fine. The minimum fine is $100.00. (Minnesota Statute Section 340A.703).

    Generally a first time offender would not receive anything near the maximum sentence even if convicted. You should consult with a criminal defense attorney for help in protecting your rights and your record.

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  • What is the minimum sentence in Mn for felony possession of stolen property?

    I bought a ATV from a friend of a friend, I paid cash unknown it was stolen. The DNR stopped me and ran VIN, the ATV came back as stolen and now I'm charged with 1st degree felony possession stolen property. Is there anything I can do?

    Scott’s Answer

    Felony sentences in Minnesota are governed by sentencing guidelines. The Guidelines take into consideration the severity of the crime and the criminal history of the defendant. Felony Possession of Stolen Property under Minnesota Statute 609.53 is a severity level 3 offense if the value of the property is over $5,000. It is a severity level 2 offense if the value of the property is $5,000 or less. If you have no criminal history or a minimal criminal history, the guidelines for severity level 2 and 3 offenses call for a probationary sentence which generally means you are not committed to prison upon conviction. However, a probationary sentence can carry up to a year of local jail time along with other conditions. If you are a first time offender you may qualify for a pretrial diversion program which keeps the matter off your record.

    That being said, to convict you of possession of stolen property, the prosecutor must prove to a judge or jury beyond a reasonable doubt that you not only possessed the property, but also that you knew or had reason to know the property was stolen.

    You should not speak to anyone other than your lawyer about your case.

    As to what you can do, I would suggest selecting an attorney to defend you. Many criminal defense attorneys offer a free initial consultation. If you are financially unable to hire an attorney, you should apply for the public defender at your first court date.

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  • Can you have a restraining order issued against a person who has threatened your life and stolen personal information?

    Used to live together but ended the relationship. Took all of my information regarding my life insurance policy among other accounts and has knowledge of my SSN, DOB, etc.

    Scott’s Answer

    Because you used to live together, you could seek an Order For Protection under the Domestic Abuse Act, regardless of whether you were in a romantic relationship with the other party. The infliction of fear of imminent physical harm, bodily injury or assault would constitute "domestic abuse" under the Act. Depending on what type of relief you seek and whether or not the other party requests a hearing, a court hearing may or may not be required. You should not be required to pay a filing fee. You could seek the order in your county of residence, the other party's county of residence, or in the county where the domestic abuse occurred. If you were married or have children together and there are pending or completed family court proceedings, you could file your petition in that county.

    A judge decides whether to issue an Order for Protection (OFP). An OFP can order the other party to do (or not do) a number of things, some of which include: staying away from you, your home, and your workplace; not contacting you by phone, by mail or email or other means; counseling; and/or not committing acts of domestic abuse against you.

    A few resources for help in Minneapolis are: the Domestic Abuse Service Center located at the downtown courthouse (http://www.mncourts.gov/district/4/?page=369) and the Domestic Abuse Project (www.domesticabuseproject.org).

    While a violation of an OFP is a criminal matter, OFPs themselves are generally considered to be a family law matter. A "harassment restraining order" would be something that you would seek if the other party was not a family member, boyfriend/girlfriend or ex, or someone with whom you had lived with.

    If you are in fear for your safety or have been the victim of a crime, you should contact the police.

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