Skip to main content
Christopher Jay Cadem
Avvo
Pro

Christopher Cadem’s Answers

62 total


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

    Hello, I was charged with a misdemeanor Dui in July 2010. There has been several delays, the last one was my Attorney suffered a stroke. Since then his office filed and was granted a motion to no longer represent me as he was the only attorney t...

    Christopher’s Answer

    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 delay. In the event you do not qualify, but can no longer afford an attorney due to the payment made to your previous attorney, your previous attorney should refund some or all of your retainer due to his failure to perform on the retainer contract due to no fault of your own. I hope that helps. Best of luck.

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

    My bf is looking at 120 for parole violation n wondering how long he will sit.. N if its possible to stay in cty jail

    Christopher’s 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.

    See question 
  • How can someone be summons to court for a disorderly conduct due to somebody giving their name to police?

    a towel with vulgar language written on it was hung over a fence. the neighbor that observed this ,calls the police. They where sent to the house behind the neighbor and the man that answered the door gave the name of his stepson which lived ther...

    Christopher’s Answer

    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 defense attorney should have a form brief on this issue at his or her disposal. A conviction for constitutionally protected behavior, regardless of the level of conviction, is offensive.

    See question 
  • What if they deemed this conviction a petty misd pursuant to Minn. Rul. 23.02? Would I still have a 30 day driving suspension?

    My record for this conviction shows: Level of Sentence: Conviction deemed a Petty Misdemeanor pursuant to Minn. R. Crim. P 23.02

    Christopher’s Answer

    That is a very shrewd question, and one I have contemplated but not researched in the past. I have never addressed the issue head on, as I have never had a client interested in pursuing the cost of research. Most of the driving collaterals are found in 609B.200 of the Minnesota statutes. Some require a "conviction," others just require an act (failure to provide proof of insurance." Also, MS 609.131 allows certification as a petty misdemeanor, but not in the case of certain crimes (ie DWI; domestic assault). I am unclear how the rule and the statute would apply in contradictory circumstances. I would consider hiring an attorney to offer an opinion on this issue before entering any plea. Unfortunately, you can be legally right, but still be faced with an administrative law action that will require litigation.

    See question 
  • Am I allowed to purchase a handgun in the state of Minnesota...?

    If I was charged with Fifth Degree Domestic Assault and after 1 year I met all my conditions, they dropped my charge to a Petty Misdemeanor? I looked EVERYWHERE for answers and keep getting mixed reviews. State: Minnesota My Online court record sh...

    Christopher’s Answer

    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!

    See question 
  • Will my license be suspended?

    I recently got pulled over and had no proof of insurance. I also did not have any insurance on the vehicle, I had recently bought the vehicle and did not have any time to switch the policy over. I do have it on my old car, ...I am currently residi...

    Christopher’s Answer

    If I am not mistaken, under Minnesota law you have 30 days to switch your insurance to your new vehcile so long as the new vehicle is "replacing" the old one. You will need to provide proof of the purchase date of the new vehicle. Check with your insurance agent on this. Best of luck.

    See question 
  • Do I incur a license suspension for failure to take the test if the charge was dropped at arraignment within 30 days of arrest?

    The one year license revocation and license plate impoundment.

    Christopher’s Answer

    I concur with my colleague except I would note that you do not need an attorney to file your implied consent petition seeking administrative review of the revocation. You can find the forms on the Minnesota District Court Website. I would highly recommend you have an attorney for the proceedings, however. Also, you must file the petition within 30 days of RECEIVING the notice of revocation. Oftentimes it is served upon you on the night of the offense (yellow piece of paper). However, they sometimes come in the mail, and sometimes not at all. If the criminal case was dismissed, I suspect you have good grounds to challenge the license revocation as well. Best of luck to you!

    See question 
  • I was charged with a DUI yesterday and the cops said he woul talk to the city attorney and have them lower it to a careless?

    I blew a .09 on the road when we got to the station I blew a .06 in the breathalyzer 5000 I'm just wondering what I'm looking at here? This would be my second DUI

    Christopher’s Answer

    I have been preaching against pleading "down" to a careless for years. Unless you also challenge the administrative loss of license AND win, you are better off with a DWI on your driving record than a careless. A careless driving is generally considered a major moving violation for insurance purposes, and oftentimes is a 3 pt violation compared to a DWI, which is a 1 pt violation for many insurance carriers.

    At the end of the day, if you do not beat the license revocation, pleading "down" to a careless will result in a "prior alcohol related incident" on your driving record, will aggravate a future DWI, and will usually cost you far more than the original DWI charge. Also, pleading the DWI before the implied consent hearing can oftentimes mean a shorter license revocation period, where a careless will not afford such a benefit. My advice is to hire an attorney who focuses his/her practice on DWIs. It will be cheaper and the results better. Best of luck!

    See question 
  • How is taking advantage of the law extortion?

    Meaning if you file legal/just lawsuits on a frequent basis, how does that automatically equal extortion?

    Christopher’s Answer

    I concur with my colleagues. However, I can imagine a situation when someone using the civil legal system to file frivolous lawsuits in an attempt merely to settle for "go away" money could be charged as extortion. I would need more facts to give a solid answer, though.

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

    i just moved to mn frm indiana...three weeks after i moved the courts in indiana issued a warrant for me so i didnt know beofre i left. they are for 3 counts of domestic battery in presence of a child.(i was in a few fights with my daughters dad) ...

    Christopher’s Answer

    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!

    See question