Skip to main content
Max Allen Keller
Avvo
Pro

Max Keller’s Answers

678 total


  • I am going to court to fight a citation for nuisance what would you suggest I bring with or say during the hearing?

    Over the weekend I went camping and got charged with an act that constitutes a nuisance. I was not drinking, we were simply listening to music at a medium volume and sitting around a fire after quite hours when a park ranger came and gave each of ...

    Max’s Answer

    Bring an attorney and/or some cash bec if you can pay they you make be able to keep it off your record (continuance for dismissal or CFD, a.k.a. CWOP (continuance w/o Plea).

    See question 
  • If a probation officer asks the accused case related questions by request of the prosecutor to gain information is that legal ?

    After court as my lawyer states the prosecutor is frustrated ( the prosecutor has not produced discovery for 8 months) She meets with a probation officer as a violation is on the table as well after threi meeting in a conference room with door cl...

    Max’s Answer

    This is a very messed up as Anthony said. The pros must supply discovery before omnibus and po can't ask you what your strategy is...contact an experienced Atty.

    See question 
  • Are the public defender laws in Minnesota state-wide, or does each individual county get to decide their own rules/laws?

    I have a warrant in Dakota county. I am very poor. I would like to turn myself in, but I just can't bring myself to do that without speaking to a public defender first. Please help me figure out my options. Thank you!

    Max’s Answer

    Yes, and no. They are a statewide organization but there is a Chief PD in each Judicial District; Dakota Co. is in the First Judicial District. The eligibility criteria for having a PD are supposed to be the same statewide, except that the cost of living varies across the state. Regardless of all that, generally the PD will not talk to you before you turn yourself in, bec they have not yet been appointed to represent you.

    See question 
  • Court date is approaching, first offense, theft, what can be expected

    Adult daughter arrested for theft, $1000 ring from resident at nursing home. Court date is in Oct. What can we expect?

    Max’s Answer

    Your daughter needs experienced consel asap. Many companies won't hire someone w/thwdt conviction and also this is a crime against vulnerable adults

    See question 
  • Can I withdraw a false criminal sexual conduct accusation?

    I reported a friend to the police claiming that he took advantage of me while I was drunk in his room. The truth is that he didn't and I was too intoxicated to tell at the time. He is currently charged with 3rd degree sexual criminal conduct and g...

    Max’s Answer

    Sam is right as always. Biggest problem is that cops probably won't charge you with crime, but they won't believe you when you say this fellow didn't grope you, etc. either!

    See question 
  • Will my plates be impounded and will I have to get whiskey plates in Minnesota?

    I received a DUI in South Dakota where my license is and my vehicle is registered. I was going to school in Minnesota, but I have graduated and have a job in Minnesota. My license was revoked in South Dakota and they my lawyer said I need to just ...

    Max’s Answer

    Depending on the length of the revo. in SD, then if you apply for a DL in Minn. after your SD revo is done as you suggested then the MN consequences may be moot. Also, if you do not register your vehicle in MN you certainly would not be subject to plate impoundment/Whiskey plates. However, if you are domiciled here, which is a term of art, then you are supposed to register your veh. here. As a general matter, if you got a DWI in another state while you held a DL in that state, then you should not get any *additional* penalities or DL revo or plate impound/Whiskey plates beyond what your home state imposed. Consult qualified counsel.

    See question 
  • HIPAA laws & the disabled

    If a disabled person is on felony probation & a P.O. wants them to sign a release with the counselor she/he is seeing. Can this person say they don't have to disclose on the fact of the HIPAA laws & being disabled? Also what if a judge signs tha...

    Max’s Answer

    If treatment is a condition of Probation then you must sign waivers to show that you did treatment.therapy

    See question 
  • Pa.courts .mn.state vs BCA

    As I was looking at my background study the pa.courts.mn states my charge as a convicted felony and the bca states gross misdermeanor not sure which one to believe trying to find employment

    Max’s Answer

    both may be correct. Sam's answer is correct. Also, different programs and agencies can define the "Level of conviction" differently, so if you plead guilty to a felony BUT got a Gross Misd. sentence, then both sources would be correct in their own way. Consult with a reputable highly ranked attorney to help you ASAP. You may also want to call the Court.s

    See question 
  • Can a person be arrested or go to jail or prison if they attempt suicide while on probation?

    I'm curious to know if anyone can be arrested or go to jail for a suicide attempt or any other mental health symptoms -self injury, eating disorder, etc. I was under the assumption if someone was living with mental health that they wouldn't be pe...

    Max’s Answer

    No the probationer can't be punished for that, the person needs to see a mental health professional asap.

    See question 
  • What effect does expatriation have on a misdemeanor or felony criminal case?

    I am planning to expatriate from the United States soon under 8 USC § 1481. I'm also currently being prosecuted for a misdemeanor and felony in Minnesota. Does expatriation have any effect on criminal charges from the Minnesota Statutes. I unde...

    Max’s Answer

    Expatriation has nothing to do w/it. Everyone is subject to all the laws of Minnesota regardless of whether they are citizens of U.S. or Albania or whatever. You need a good felony trial Atty. to defend you.

    See question