Christopher Jay Cadem’s Answers

Christopher Jay Cadem

Fergus Falls Criminal Defense Attorney.

Contributor Level 10
  1. Is it too late for a public defender? My attorney had a Stroke and is no longer representing me and the trial is soon.

    Answered almost 2 years ago.

    1. Thomas C Gallagher
    2. Christopher Wesley Keyser
    3. Christopher Jay Cadem
    4. Charles K. Kenyon Jr.
    5. Andrew M. Leone
    5 lawyer answers

    The Court should have held a hearing on your previous attorney's motion to withdraw. At that hearing, the Court should have addressed your need for continued representation. The Court should not make you proceed without an attorney in these circumstances, as your right to counsel (or right to proceed without counsel) must be knowingly and voluntarily made. In the event that you qualify for a public defender, you will be granted one. You should contact court administration without further...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I was pulled over for suspicion of DUI 5 months ago, only took urine test. I still have not been charged, is this normal?

    Answered about 3 years ago.

    1. Christopher Jay Cadem
    2. Ethan Patrick Meaney
    3. Landon J Ascheman
    4. Benjamin Josef Colburn
    5. Thomas C Gallagher
    5 lawyer answers

    No, that is not normal. Most DWI complaints contain two counts, one for driving under the influence of alcohol/controlled substance (which does not require any test results at all) and a second count for being over the legal limit (.08). So, even without the test results, we ordinarily we see DWI/DUIs charged immediately. For example, one of the felony DWIs I am working on right now was charged as a single count driving under the influence. When when the blood test came back 6 weeks later,...

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  3. I need a criminal deffense lawyer asap..but i have no money or job and im pregnant also have a disabled child

    Answered over 2 years ago.

    1. Thomas C Gallagher
    2. Christopher Jay Cadem
    3. John Leif Fossum
    4. Robert Kinsey Taylor Jr
    4 lawyer answers

    I mimic the comments of my colleagues with the exception that if you are seeking to prevent extradition, that would be done in Minnesota with the assistance of a Minnesota attorney. Most experienced criminal defense attorneys will be familiar with the process. However, it is extraordinary relief and difficult to obtain. Otherwise, you generally will need to return to the forum state and resolve the warrant before a public defender will be appointed to assist you. Best of luck!

    2 lawyers agreed with this answer

  4. Can I be charged with a drug offense if I am in the company of users but do not use drugs?

    Answered about 3 years ago.

    1. Christopher Jay Cadem
    2. Maury Devereau Beaulier
    3. Thomas C Gallagher
    4. Alan James Brinkmeier
    4 lawyer answers

    First, it is not, strictly speaking, unlawful to be on narcotics, so the fact that others may be on drugs during a raid will not bear on the who is arrested, and for what. As for a possession charge, possession is not just physical possession, but also everything that is within your dominion and control. The burden will always be on the state to prove that "possession," but juries and the police have a hard time understanding why you are sitting in a room full of meth but argue innocence....

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  5. Do you recieve 2/3 of your sentance on parole violation in mn or does 120 days mean 120 days ??

    Answered almost 2 years ago.

    1. Christopher Jay Cadem
    1 lawyer answer

    The calculation of jail credit and good time is fact dependent. If your boyfriend is not represented by an attorney, I would highly recommend he hire one before the sentencing hearing.

    1 lawyer agreed with this answer

  6. How can someone be summons to court for a disorderly conduct due to somebody giving their name to police?

    Answered about 2 years ago.

    1. Thomas C Gallagher
    2. John Leif Fossum
    3. Christopher Jay Cadem
    3 lawyer answers

    I am disturbed by the fact that I have been seeing a lot of obstruction and disorderly charges stemming exclusively from speech that is clearly protected by the 1st Amendment. The rate at which defense attorneys are pleading their clients to these charges is equally disturbing. I strongly suggest that you speak to an attorney who takes his job and civil liberties seriously. I know the cost of defending such trivial charges on the merits tends to be somewhat higher, but a good criminal...

    1 lawyer agreed with this answer

  7. Am I allowed to purchase a handgun in the state of Minnesota...?

    Answered about 2 years ago.

    1. Max Allen Keller
    2. Christopher Jay Cadem
    3. Maury Devereau Beaulier
    3 lawyer answers

    I must disagree with my esteemed colleague. Under Minnesota law, you are automatically prohibited from owning or possessing a pistol for 3 years from the date of the conviction for a misdemeanor domestic assault. See 609.2242. However, under Federal law, you are prohibited from owning or possessing any weapon or ammunition for life. The remedy is to bring a petition to restore civil liberties. Best of luck to you!

    1 lawyer agreed with this answer

  8. How and if i can get my cdl back after it's been revoked because of two dwi's in my personal vehicle.

    Answered almost 3 years ago.

    1. John C Conard
    2. Charles Raymond Segal
    3. Christopher Jay Cadem
    3 lawyer answers

    Based upon the information you provided, an expungement will not be possible because you were convicted of the crimes. Additionally, the Supreme Court has strongly indicated that impact on future employment is not a good reason for the court to grant an inherent power expungement, which only expunges the judicial and not the executive level records (DMV, DOC, BCA). A judicial expungement will not assist with your situation, so it would probably be a waste of time. These issues are complex,...

    1 lawyer agreed with this answer

  9. Is it illegal to hide my car from the repo-men?

    Answered almost 3 years ago.

    1. Michael J Corbin
    2. Christopher Jay Cadem
    3. Gary D. Bollinger
    3 lawyer answers

    I will take a slightly different and more conservative perspective than my colleagues. Because most security agreements do contain a provision that provides for voluntary forfeiture upon default, actions to impede the repossession may give rise to additional civil claims for damages, including attorney's fees. Thus, hiding your car from repossession may constitute a separate and distinct basis for a claim for money damages against you. Additionally, it would be fraud for your roommates to...

    1 lawyer agreed with this answer

  10. Can you get arrested for threatening someone with a child in there arms

    Answered about 3 years ago.

    1. Christopher Jay Cadem
    2. Brent Schafer
    3. Thomas C Gallagher
    4. Maury Devereau Beaulier
    5. Andrew Thomas Nettleman
    5 lawyer answers

    It is criminal assault to threaten harm or cause reasonable fear of harm in another. The fact that you were holding a child isn't really relevant unless the child was old enough to understand the threat in which case there would be two independent counts of assault.

    1 lawyer agreed with this answer

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