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Max Allen Keller
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Max Keller’s Answers

678 total


  • Forfeiting Property???

    Someone is facing federal firearm charges. They are being asked to forfeit their firearms. They were not prohibited at the time and are not related to the crime. Their attorney is being paid for by someone who is anti gun and agrees with forfeit. ...

    Max’s Answer

    I have heard of attys who say "you should let them forfeit and they won't charge you." I don't generally agree, but facts of all cases are different. Consult a tough experienced Atty asap.

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  • If there is a No Contact Order, Can the alleged victim still post bail for who the No Contact Order is with?

    I want to post my kids fathers bail, but there is a no contact order. Would this be a violation of the No Contact Order?

    Max’s Answer

    Yes you can post bail but don't talk to him or otherwise contact him.

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  • No drugs & Alcohol detected for both DUI cases one year apart; can I reopen the case and appeal?

    On October 2013 I was pulled over because I was reported to be swerving around the road". Unfortunately, I had a marijuana pipe in my car of which was found and so the officer suspected I was on drugs. I cooperated with the Breathalyzer, and fie...

    Max’s Answer

    The "facts" you gave are confusing. I don't know why you are saying "re-open" your case unless you plead guilty or perhaps you are talking about your implied consent DL case where you only have 30 days after your DL is revoked to challenge the Revo. ...But I do know this: There's no Washburn Co. in Minnesota (there is Wabasha Co.) so I don't know if your referencing Wisconsin, or what. In any case, consult an experienced tough criminal defense atty. in your area ASAP.

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  • I recently got a second DUI with the alcohol level. 17 no accident and my licence was valid and I had no child in the car

    Is it a deportable DUI? Am a green card holder. And I want to file for citizenship... How is gonna be an issue. Thanks.

    Max’s Answer

    Generally speaking a 2nd DWI in 10 years is not deportable. Any conviction for anything means you can't naturalize for 5 years, unless you are married to a US Citizen, in which it is 3 years after conviction. Consult experienced criminal defense and Immigration attys.

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  • What can you do when you know that a dishonest prosecutor has violated your rights to a speedy trial?

    The prosecutor canceled the ominous hearing because he had no evidence?

    Max’s Answer

    The prosecutor can't unilaterally (on his own) cancel the omnibus, your defense atty. would have to agree to that. If there is "no evidence," then you should bring a probable cause challenge at the omnibus hrg., whenever it is held in the future, and you should win. Consult a highly experienced , tough criminal defense atty. ASAP. If you have an atty. already, then you need to talk to your atty.

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  • My husband has a misdemeanor DUI that is 10 years old in PA. He is waiting in MN to be extradited. How long could travel take?

    We have a lawyer in MN and a lawyer in PA, I am due to deliver our baby in 2 weeks and have sent medical documents proving my high risk pregnancy with the hope to speed the process up.

    Max’s Answer

    If you have two attorneys why are you fishing for free advice her???

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  • In the state of MN, is a photo of drug paraphanalia in a persons home, enough evidence for a search warrant?

    A family photo was taken, and in the background was a marijuana pipe. The task force for violent offenders came with local PD with search warrant. Homeowner was charged with Methamphetamines

    Max’s Answer

    A pipe is not paraphernalia unless in proximity to drugs...so I would challenge this search warrant.

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  • If my husband got a dwi, can I purchase a car in my name only and not have to put whiskey plates on it

    If my husband got a dwi do I have to put whiskey plates on a car that I purchase and title in my name only?

    Max’s Answer

    Yes just make sure your name is the only one on there.

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  • What does/ is a Stay of a Judification? And Does it mean that I will have to be on Probation like I'm a Felon?

    The Stay of a Judification is what kind of Plea Bargin my Public Defender is telling me the DA is offering!!??

    Max’s Answer

    A stay of adjudication (note proper spelling) means you plead guilty and judge does not record your plea, so as long as you comply w/probation you get no conviction... It is generally a very favorable outcome.

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  • Is there an limitation after u hav been charged with dui 6 yrs ago

    2 dui 2008 and 2009 one court appearance bond out never went back what could happen to me now if i was to turn myself in

    Max’s Answer

    The statute of limitations does not apply or help you in this case, bec. it is a limit on the length of time the prosecutor can take to charge you after a crime allegedly occurred (the time between crime and charging). However, here you were charged and you posted a bond and didn't appear. So, since you were already charged, the statute of limitations does not apply. At least one of your cases is a gross Misd. bec its a 2nd DWI w/in 10 years, so the max penalty is a year in jail and/or $3000 fine. You need to get an experienced DWI defense attorney asap. (assuming they happened in MN)

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