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Max Allen Keller
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Max Keller’s Answers

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  • 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!

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  • 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 My license was revoked in South Dakota and they my lawyer said I need to just ...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.

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  • 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

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  • 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

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  • 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.

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  • 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.

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  • 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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