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Maury Devereau Beaulier's Answers
Contributor Level 16
- 1,187 Legal Answers
- 60 Legal Guides
3
Attorney answers:
Can I file a lawsuit for an accident on someones property?
It would be difficult. You would have to show they breached some duty to you - that they were aware or should have been aware of a defective condition and did not remediate it and htat you were one of those protected by the conduct.
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4
Attorney answers:
How can I get a 5th degree assault charge dropped?
First, only a prosecutor my press charges and only a prosecutor may dismiss charges. As a result, regardless of the alleged victim's desires, the case is likely to proceed forward. However, a lack of anticipated cooperation may certainly weaken the case for the prosecution. Second, a fifth degree assault can be very serious. It requires that you acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act. A fifth degree...
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4
Attorney answers:
Is it legal evidence? where can I find more information?
It can be used in most cases. Many people believe that they must be read miranda rights when arrested. That is not true. Miranda rights only need be read when two circumstances are present - (1) the person is in custody; and (2) an interrogation occurs. You can be interrogated without being custody and you can be in custody without being interrogated. In your case, it was the latter. You were in custody, but you were not interrogated. "Custody" is defined by case law to be whenever a...
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4
Attorney answers:
Can you get in legal trouble for letting someone with a felony warrant stay at your home?
Under Minnesota Statutes 609.495, a person ,ay be charged if they harbor a fugitive or provide false information to police. Under Subdivision 1, it is felony level crime to harbor, conceal, aid, or assist by word or acts another whom the person knows or has reason to know has committed a crime. with intent that such offender shall avoid or escape from arrest, trial, conviction, or punishment. It is punishable by not more than 3 yeasrs and a $5,000 fine.
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2
Attorney answers:
Do you lose a work permit to drive from violating probation?
The civil sanctions related to license revocation and the criminal sanctions of jail time or fines are separate. For a probation violation, a court may determine that:(1) probation has been violated; and (2) impose all or part of any sentence previously stayed such as jail time and fines. They may also impose additional conditions related to the probation. If you violate the terms of the limited license, you may lose that privilege. You agree to the terms of a limited license when you...
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5
Attorney answers:
Is it possible to put in a late appeal against an Alford plea for disorderly conduct?
The Appellate Rules of Procedure are unforgiving. You have 90 days to file a Notice of Appeal after a conviction. Moreover, an Alford plea has the same effect as a guilty plea. At the time of the plea, defendants are usually asked if they understand that by pleading they are waiving their right to a trial. If you waived those rights, an appeal is not likely to meet with success.
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2
Attorney answers:
How do I appeal/ & or revise a harassing restraining order?
When you receive a restraining Order, it is accompanied by a document that you can fill out and file along with a filing fee to request a hearing. At that hearing, testimony would be required and the court could determine if the allegations meet the burden of proof to sustain a harassment restraining order. Even if that were to occur, the court may craft the order to fit with the particular facts of the case. Fora FREE consultation call 612.240.8005
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4
Attorney answers:
Is it worth fighting in court?
I am uncertain what your question may be. If you wish to know whether the typographical errors on the ticket somehow invalidate it or result in a dismissal, the answer is no. the ticket may always be amended. Certainly, such inconsistencies may be explored if the matter proceeds to trial regarding the officer's observations and their accuracy. The officer would appear at a trial to identify you.
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3
Attorney answers:
The attorney we hired showed up in court before trial end and was ruled unable to practice law trial near conclusion what now?
I am sorry to hear of your troubles. Your best option is to hire new counsel who would then seek a continuance of the upcoming h earing until they could get up to speed. You may file a complaint with the Minnesota Board of Professional Responsibility against the attorney and indicate that retainer money was lost. There is no guarantee it would be repaid, but there is a fund for such issues. You may also sue the attorney civilly for a refund of any unearned legal fees. For a...
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3
Attorney answers:
Criminal Law -- Stay of Imposition?
A Stay of Imposition may be imposed as part of a Sentence under Minnesota Statutes Sec. 609.13. In a stay of Imposition, the defendant is placed on probation with or without supervision and intermediate sanctions such as paying fines, remaining law abiding, completing jail time or community work service etc... . If the conditions are completed during the probationary period, the offense may be reduced from a felony to a misdemeanor.
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