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Kaarin Nelson’s Answers

51 total


  • I am currently serving 7 years for financial card fraud-cops trying to get more charges added is this possible?

    police are trying to get an acquaintance of mine to implicate me on crime she is involved in and pled guilty to in exchange for her getting a fraction of time-she refused-can they proceed without her statement?

    Kaarin’s Answer

    The answer to your questions depends on so many additional things. Depending on how much evidence the police have against you, they can certainly try to proceed without the statement of an alleged co-conspirator. Their case would be stronger with the statement, but a good defense lawyer can poke holes in the statement of someone who got a good deal in exchange for their statement. If the new charges are connected to the facts of the case for which you are serving time, you could potentially have a double jeopardy argument, but that isn't clear from what you have described.

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  • What is best possible outcome for felony theft over 35,000.

    No prior criminal record

    Kaarin’s Answer

    The other lawyers are right that the best possible outcome is a dismissal or acquittal at trial. A dismissal can be accomplished many ways including filing a motion to dismiss for lack of probable cause, filing motions to suppress evidence wrongfully obtained, challenging the admission of statements, or engaging in thorough investigation that leads a prosecutor to doubt their case.
    Short of a dismissal, you are not likely to get into a diversion program if your case is in Hennepin County. Right not the County Attorney's Office has a strong policy against giving diversion to anyone charged with stealing anything more than $5,000. But it is good to talk to an experienced attorney who is familiar with the unique practices in Hennepin County, because there just might be a way.
    Short of a dismissal, acquittal, or diversion, you want to avoid having a permanent felony on your record.
    This is a serious charge and you would be wise to hire an attorney who has dealt with this type of case and who works regularly in Hennepin County. Good luck.

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  • Do I need a attorney for my son 17 for possession of drug pararhernalia. What will happen to him.How would he plea

    My son was on his way to school and got pulled over for speeding 75/70. The officer smelled marijuna he said friend used it on Sat/Sun. They found a pipe in his truck located in a bag and he said it was his friends bag but his old pipe.

    Kaarin’s Answer

    Yes, you should hire an attorney to represent your son. You want to do everything you can to try and keep this off your son's record. If the Officer did smell marijuana then he has a right to search the vehicle. BUT, your son does not necessarily have to take responsibility for what was found. There are many ways to approach this and an attorney is in the best position to help you make important decisions. Additionally, you may have some other legal issues (i.e., the legality of the stop). As far as what will happen to your son, if he does not have any prior criminal history then he can most likely keep this off of his record. Whether he will have to plead depends on the circumstances of the case as well as whether he has any priors. Good luck.

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  • Breathalizer findings werent put on my ticket or verbally reported to me, is this grounds for dismissal of a minor consumption ?

    no priors, college student.

    Kaarin’s Answer

    No, it is not necessarily grounds for dismissal. Is your only charge underage drinking? There are many potential issues, including the reason you were stopped or approached by the police, the circumstances that led the officer to have you take a breathalyzer, etc.

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  • Can a domestic abuse case be dismissed if subpeoned victims do not show up for the trial?

    we spoke to officers at original arrest but want to retract statements

    Kaarin’s Answer

    If witnesses do not show up at trial, the case may be dismissed. But, if the prosecutor has subpoenaed their witnesses they may ask the judge to have them arrested. Whether a judge will do that depends on many things.

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  • How do I go about getting a no contact order dropped?

    When my ex got arrested, the county put a no contact order between us. I'd like to get this removed.

    Kaarin’s Answer

    In addition to what the other two lawyers said, you can call you ex's attorney and ask them to schedule a hearing before a Judge. At that point, you can tell the Judge why you want the no contact order lifted. Even if your ex's attorney isn't able to get a hearing before a Judge, they can use the information you give them at the next hearing to try and have the no contact order removed. You could also try calling the prosecutor, although they're less likely to try and do anything about it. Generally, if a Judge put the no contact order in place, it is pretty difficult to get it lifted until the case is resolved (in dismissal or conviction of some sort). Depending on how important this is to you, you could certainly consider hiring an attorney to try and get you back in court in front of a judge.
    Cases can drag on for a long time and no contact orders can remain for a long time, so be patient. Most importantly, know that violating a no contact order could result in criminal charges, so be careful.

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  • How long does it take the process take for a Felony to be reduced to a Misd, for a Stay of Imposition?

    I completed all terms of my probation and was discharged from probation in March 2013. Per records, it is still being reported as a felony. How long does the process take for it to be reduced? Do I have to file anything? I though it was done a...

    Kaarin’s Answer

    Typically, once you have completed probation it should be reduced to a misdemeanor. But probation officers have up to 60 months to violate you for conduct that occurred prior to you completing probation, so often the reduction to a misdemeanor isn't reflected until that additional six month period has passed. If you want to know whether that is the case for you, you may want to call your probation officer.

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  • I was charge with a check fraud felony.

    I was charge with a check fraud felony I didn't know the account was closed out. I was approached my a task force to help them out with a couple deals in return they would help me out with my case.however i have received any help from them. This...

    Kaarin’s Answer

    • Selected as best answer

    It sounds like you may have a couple of good issues. First, if you haven't plead guilty and you didn't know the account was closed, then you may have some very good arguments to have the case dismissed or take it to trial. In order to be guilty of fraud you have to have intent and it sounds like you did not. If you have plead guilty, you might have an argument to withdraw your guilty plea if you did so under false pretenses (especially if you did not have a lawyer present). Even if you just want to continue working with the task force, you are in a much better position to bargain if you have a lawyer who can protect you against exactly what seems to be happening - you give information and get nothing in return. You are not in uncharted territory but it is stressful and can have huge impacts on your life and future. Good luck

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  • What are the Pros and Cons of an Order for Protection without findings?

    If the respondent in an OP hearing denies allegations, but allows an OP to go into effect, can the petitioner request a hearing for findings? If so, what are the pros and cons of doing so for the petitioner? Also, will whether an OP has findings o...

    Kaarin’s Answer

    I agree with what the previous attorney wrote and would add that one downside for the petitioner to having a hearing is the petitioner might lose the hearing and not get an order for protection at all. The upside for the respondent is, if you don't think the petitioner can prove they should get an order for protection then you could win the hearing and not be limited by an order for protection, which, if violated, can result in criminal charges. Having an order for protection against you can create a lot of problems so you typically don't want to agree to it unless you truly believe the petitioner would prevail in a hearing.

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  • What if you were charge with a drug relate 5 degree charge?

    well i was charge with 5 degree drug charge for Prescirption in January of 2013 in Washington county in Minnesota for having a prescription

    Kaarin’s Answer

    I am guessing there is more to the charge or the facts than you are describing. If you have a valid prescription and were using it properly then you shouldn't necessarily be charged with possession because prescriptions give you a legal basis for possession. Are there allegations of some other illegal conduct or illegal drugs involved? As the other attorneys suggested, I would suggest you consult with an attorney to get a better idea of what conduct you are being charged with. An attorney will be able to assess whether the allegations, if taken as true, even include illegal conduct. Assuming the allegations do include illegal conduct, an attorney will help you with your next steps. Good luck.

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