It's not a violation to answer the phone, but that doesn't mean that your ex will not be able to attempt to report this contact as a violation and try to get you in trouble. It is best if you don't answer. Keep your call logs intact, because this is important evidence that she is trying to set you up.
The most imports t thing to remember is that you should not talk to anyone about this except for a criminal defense attorney. Not the police, not this other person. Nobody. It will not help you, but it might hurt you. If you are charged criminally you need to retain an attorney immediately.
On the other hand, I find that often times these situations get less frantic as time goes on. So hang in there, and call an attorney if you have questions.
It sounds to me like your bigger issue isn't the rescheduling, but whether you believe you committed burglary in the first place. 2nd degree burglary is a serious charge. If you don't have an attorney, you need to get one to help you sort through these charges. You may have some issues that would help you avoid a burglary conviction altogether.
It depends on the prosecutor you work with, but many times they will be willing to allow you to plead to a lesser charge widen your alcohol level was low. It is worth talking to the prosecutor to see whether this is possible.
However, remember that along with the criminal case you also have an implied consent license revocation. If that remains on your record it can be treated like a DWI in future proceedings. So simply getting a plea to careless driving isn't enough. You also need to...
Usually entering onto parts of a property other than a driveway or sidewalk would be a fourth amendment violation. The question is whether raising that issue would help your case. If the weeds in question are viewable from the street or your driveway, then raising a fourth amendment challenge would not benefit you because the weeds are in plain view.
If you are interested in raising such a challenge you should hire an attorney. As you can see, the fourth amendment is very complicated.
A judge would not simply step in and modify your agreement. However, a judge may refuse to accept and agreement if they perceive that it does not involve an equitable distribution of property. A property division does not have to be 50-50 to be fair. Most judges in your area understand that. They may wish to speak to the parties prior to signing off on the agreement to understand the reasons behind it, at which point you should say what you have said here.
Smelling marijuana would give an officer probable cause to search the interior compartment of your vehicle, regardless of whether you consented to the search. Whether they had the ability to stop your vehicle is another issue. You can challenge both in court. The likelihood of winning would depend on what kinds of evidence the officer gathered to support his actions.
If you have a job, you likely won't qualify for a court appointed lawyer unless you make a wage below the poverty level. Your second offense carries the possibility of up to 30 days in jail in Minnesota. So though you say you can't afford a lawyer, finding a way to get funds together to hire one is in your best interests to avoid jail if that is your goal Sell some belongings, take out a payday loan, or borrow money from friends and family.
Many lawyers, such as myself, also will do...