Matthew Thomas Martin’s Answers

I understand your situation and it is very difficult. As a private criminal defense lawyer, my answer to your type of question is always consult with an attorney before stepping into court. Almost all criminal defense attorneys in Minnesota offer free consultations. Make sure you take advantage of them in planning your next step. Too many pro se individuals lose their cases because they are unable to communicate their argument in a meaning way. Police have training and experience...

I agree that you should seek local counsel as soon as possible. In general, you will likely need to update the jurisdiction (where the original criminal matter was resolved) with your current contact information, determine who is handling your case, and attempt to agree on the best way to address the restitution in light of your financial situation. Local counsel should be able to advise you and assist in resolving this matter. This response is for informational purposes only and is not...

In short, yes. Upon receiving notice that you have a new conviction from an alcohol related offense the Minnesota Department of Public Safety will take the appropriate action with respect to your driving privileges. However, the appropriate consequences are driven by several factors (i.e., I need more information). Please feel free to give my office a call or send an email so we may properly answer your question.

I suggest you start by gaining a better understanding of what expungement means and how that translates into a benefit for your friend. Check out the Legal Guide link below. Additionally, most criminal defense attorneys offer a free case evaluation where you can discuss privately the specifics of your matter. Good luck!

I suggest you contact local counsel for assistance. You have a right to a hearing and more information is needed to clarify this matter.

The State of Minnesota has 3 years to charge you for a DWI. The county is/was likely waiting for the laboratory results of your blood or urine sample before proceeding with charges. Based on your prior conviction you likely face a Gross Misdemeanor criminal charge that can result in 365 days in jail and a $3000 fine. You will also be required to post bail at your first court hearing. You have constitutional rights and as a citizen of the United States and a resident of Minnesota, you owe it...

The answer is “It Depends.” In general, you receive discovery between the Rule 5 and the Omnibus hearing. However, some prosecuting offices will have discovery before the first appearance but will generally only release it to an attorney that shows them a copy of a filed Discovery Request and a Certificate of Representation. If you have a lawyer, you should be speaking with him/her. Otherwise, contact a Minnesota Criminal Defense lawyer for assistance. Disclaimer: This communication is...

From your question, it appears you are trying to withdraw a plea versus sealing your records. I would suggest you contact your previous lawyer for assistance. Alternatively, in Ramsey County (i.e., assumed from your location) you may want to contact either the Neighborhood Justice Center at 651-222-4703, Criminal Defense Service, or Legal Aid. Disclaimer: This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for...

Minnesota Statute 169A.35 Open Bottle Law is clear. However, your nephew is charge with a crime that is punishable by 90 days in jail and $1000 fine. As such, I would suggest he speak with a criminal defense attorney as he does carry a presumption of innocence until otherwise determined. Most criminal defense attorneys in Minnesota will offer a free case evaluation. Disclaimer: This communication is not intended as legal advice, and no attorney client relationship results. Please...

I would agree with the prior answer. Make sure you appear in court but remember that you have a right to remain silent and that you carry a presumption of innocence with the new charges whereby the State has the burden of proving your guilt beyond a reasonable doubt. However, unlike your new charge of theft, the burden of proof for your alleged probation violation is different. As such, I suggest you seek legal counsel immediately to properly deal with both outstanding matters....