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John C Conard
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John Conard’s Answers

131 total


  • Can my husband reverse his plea and iam his wife the one who put the charges on what can we do he cant afford all of this

    He has more alastts on his back ground

    John’s Answer

    It is possible to withdraw a plea of guilty prior to sentencing. The standard before sentencing simply requires him to demonstrate good cause to withdraw the plea. After sentencing a showing of manifest injustice is required and is much more difficult. Once the plea is withdrawn he should be ready to continue fighting the case. I strongly advise you to seek legal counsel. Most lawyers on AVVO offer a free consultation as do I.

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  • I have a out of state warrant from 8 years ago, need advice on how to handle it.

    Was arrested for public intoxication and then never received a court date and so therefore did not appear. How can I go about fixing this, preferably without having to go back to the state for court.

    John’s Answer

    There is a third alternative. In an United States Supreme Court case, it was held that allowing a warrant to go inactive for a period of 9 years, without effort by the government to aprehend, violated due process and the right to a speedy trial. The case created the basis for a Doggett motion named after the case Doggett vs. United States. You should seek a consultation with a MN defense attorney to discuss the particulars in your case.

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  • I'm almost certain my husband is embezzling funds from a company he works for, and am worried if that'll incriminate me also.

    There are sometimes large deposits into our joint account. When I question my husband, he denies anything wrong, but then hints that 'all will be fine' or 'don't worry, it'd never affect you'. Since I suspect wrongdoing, I've recently removed my n...

    John’s Answer

    You need to talk to a Minnesota defense attorney. The most important thing to evaluate is how much liability you may have, and how connected you may be to the fraud. In white collar cases it is sometimes advantageous to come forward early and position yourself as a witness, rather than as an accomplice. But you should talk to an experience attorney practicing in MInnesota. Most lawyers on AVVO offer a free consultation, as do I.

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  • What is the statue of limitations on a domestic violence allegatiion on a order of protection brought by the petitioner.

    my spouse filed a order of protection against me..the allegations are from four years ago..can the allegations be grounds for an order of protection or are the statues of limitations expired...i have court comming up and i would think allegations ...

    John’s Answer

    This does not sound like an issue which will be decided by the Statute of Limitations. Generally speaking such a statute would only act to bar prosecution or civil litigation (for damages). The entire history of your relationship is arguably relevant to a current petition for an OFP. However, I would expect that those stale allegations would not be very persuasive to the court. There are several different ways to handle a petition for an OFP, and if you expect further litigation (divorce or otherwise), you should regard this as the opening shot in a longer battle. In other words, you should contact an attorney to discuss the best approach. Most lawyers on AVVO offer a free consultation as do I.

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  • If boyfriend was charged with reckless discharge by the county & all charges were dropped can the city turn around & charge him

    i was wondering if my boyfriend was charged with reckless discharge by the county and all charges were dropped can the city turn around and charge him for the same thing?

    John’s Answer

    Reckless discharge of a firearm may be charged as a felony if it occurs within a municipality or occurs under circumstances which would endanger the safety of another. Felony charges are filed by the County Attorney and can be dismissed by them as well.
    The basic facts underlying a reckless discharge can also lead to a gross misdemeanor charge under the same statute. In most jurisdictions, misdemeanor and gross misdemeanor charges are pursued by the city attorney. The actual law pertaining to these charges can be found for free at:
    https://www.revisor.mn.gov/statutes/?id=609.66
    It is possible that the felony charges were dismissed for a reason that would bar the further prosecution of the case, for example if the key evidence was obtained wrongfully. But the details matter, and a conversation with a skilled defense attorney if your best approach to the case.
    I advise you to find a skilled attorney. The best way to do so is to talk to them and discuss the complete universe of facts and circumstances in your case. Many of the lawyers on Avvo offer a free consultation. As do I.
    651-264-3050
    www.jurytrialmn.com

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  • How do I get a no contact order dropped? And long can it last?

    My boyfriend and I were drinking one night and got in a push and shove fight! I feel into the ottoman/couch, he also had scratches on him from me, I ended up with brusied ribs and they are charging him with interfering with a 911 call and a domest...

    John’s Answer

    You do not have any direct ability to have the NCO dropped. Generally, when a Court looks at these requests, it wants to know that you have no further safety concerns, and that there is little chance of you being hurt further.
    You can simply continue to ask to have it dropped. In most jurisdictions there is a victim’s advocate service, whose chief function is to deliver your input and wishes to the Court. In addition, many prosecutors have a similar staff member in their office. You can and should share your views with these people.
    Finally, your boyfriend is facing serious criminal charges, and should seek an attorney. Even a misdemeanor domestic assault carries significant collateral consequences in terms of jobs, housing, and other rights. In addition to the simple domestic charge, he is also facing a gross misdemeanor which can carry as much as a year of custody time (as a maximum). If convicted, he may be unable to contact you for the duration of probation which could be 2 years, for the misdemeanor or much longer for the gross misdemeanor.
    The best advice I can offer is to find a skilled attorney. Many of the lawyers on Avvo offer a free consultation. As do I.
    651-264-3050
    www.jurytrialmn.com

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  • Got pulled over with maijuana. it was not mine, but the police are trying to pin the charges on me. what will happen?

    marijuana was not mine. Friend i was with already admitted to it being their's. my clothes were in the bag with the marijuana. The police are trying to pin the charges on me. I've done 3 days in Hubbard County for this. Being charged with 5th degr...

    John’s Answer

    First, a 5th Degree charge is a serious charge because it is a felony, and for the purpose of various collateral rights (like firearm ownership) is considered a crime of violence.
    In order to convict you of possession of a controlled substance, the government has to prove that you knowingly exercised dominion and control over the substance. Possession can be shared, and the case can move forward on circumstantial evidence. Generally, the court would instruct the jury that it can infer possession from the fact that the substance was in a place under your control, or if it is in a place of shared control, that you exercised some conscious control over the substance.
    If the prosecutor has already decided to charge this matter as a felony, I assume that they are taking a fairly aggressive stance. It therefore seems unlikely that they will dismiss as a result of the other passenger admitting ownership.
    There are still many approaches to the defense of this case. I would want to analyze the reports and video/audio recordings thoroughly to determine if the police search and seizure of the car was proper. If not, the evidence may be excluded upon the proper motion and argument of your attorney.
    If the case cannot be killed in pretrial proceedings, a jury trial may be your best answer. These cases (shared possession) are difficult to prove, and with a proper trial strategy, a client often has a better than fighting chance to win.
    IN the end, the best advice I can offer is to find a skilled attorney. Many of the lawyers on Avvo offer a free consultation. As do I.

    651-264-3050
    www.jurytrialmn.com

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  • I violated my probation what are the chances ill have to execute my sentence of 58 months , this is my first violation?

    im on probation in two counties i got a stayed sentence in anoka county for 58 months over my head 20 years paper for 2nd degree poss. i have 33 months in washington county for 1st. degree burg . my quesion is i did treatment for 12 months was doi...

    John’s Answer

    I agree with my colleague about those interim steps. You should also consider hiring counsel. Anoka County can be a difficult county for probation violations, and under there new system, you could end up in front of several different judges. I started my career there, and have worked on several hundred cases there.

    My advice is that you should schedule at least a phone consultation with a lawyer, a sit down meeting would be better. Most folks on Avvo, including me, offer a free consultation. It is well worth your time to discuss the matter fully with an attorney.

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  • Can you get charged for being seen with your spouse after cops enter home due to felony arrest because of probation violation?

    Can you get charged if the cops enter your home and are found sitting next to your spouse, because they are looking for your spouse because of a probation violation?

    John’s Answer

    It is unclear whether you have a no contact order, but if not, my colleague is correct.

    One other area of exposure however is possession of either drugs or other illegal objects (guns under some circumstances). The doctrine of constructive possession has allowed spouses to be prosecuted for the materials that the other spouse really owned.

    As always, you should talk at length with an attorney. Most here on Avvo offer a free consultation. I do as well. It is worth your time to sit down and talk therough the case either for yourself or for your spouse.

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  • Can a search warrant be obtained based on past criminal history and/or a warrant for present charges?

    If there is a warrant out for someone's arrest for a controlled substance crime complaint and/or they have a previous conviction of a controlled substance crime, is that grounds to obtain a search warrant for a home, if they believe that person is...

    John’s Answer

    Generally speaking, past criminal history and the existance of an arrest warrant will not be sufficient to establish probable cause for a search warrant. This is a complex area of law however, and the facts matter. When I teach search warrant law, even an update can consume an entire day.

    The good news is that in Minnesota, you can attack the warrant and challenge the original grounds offer in the affidavit. If the original affidavit does not establish probable cause, the search can be suppressed. Obviously it is impossible to tell you the likelyhood of such an outcome in your case without reviewing the evidence.

    You should schedule a free consultation. I offer such a consultation and can tell you my thoughts and proposed approach to the case.

    In any event, you definitely need to have an attorney examine this issue very carefully.

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