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Alex De Marco

Alex Marco’s Answers

234 total


  • If a juvenile has a warrant out for burglary and they turn themself in will that be considered during sentencing?

    Alex’s Answer

    Sadly, despite the fact the Minnesota Constitution categorically affords a right to bail in all criminal cases, juvenile cases are not considered under that rubric and have no right to bail. If he has an attorney, public or private, he should contact them and arrange a turn in. If a defense lawyer can contact a prosecutor about a juvenile warrant in particular, often it's more important to the County that a juvenile's whereabouts and circumstances be known. What I am saying is try to bargain for his release pending disposition. Be prepared to pony up money for a GPS or EHM system of sorts. Urine testing. No use or possession. He's gotta be ready to subject himself once again to government supervision and stay obedient to probation and he's gotta be ready to tell the court that.

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  • I got charged with disorderly conduct and its my first time being in trouble, what do I expect or do?

    Alex’s Answer

    It's not clear from your answer whether you're charged with a domestic assault or merely "obstructing legal process" by not moving in the physical directions they told you to go, which, if true, is a sketchy case. Lots of interesting case law on obstruction. If you don't have income, you qualify for the public defender. Don't think you have to have a bunch of money to fight a case like this. There are really great public defenders in this state, and if your appointed lawyer isn't getting the job done, you can always hire another lawyer midway through the process. Just don't wait till right before trial.

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  • Can I get time if I'm still in High school on my first gross misdemeanor? I had a clean record before all of this. ?

    Alex’s Answer

    If you were a juvenile when it happened, you have basically zero chance of every doing time. If you're an adult, it's still a near zero chance. If you have a clean record, your county likely has a "property theft diversion program". Means you admit it off record, you pay any restitution and do some service or programming, and if you don't break the law for a year, goes away like it never happened. This may or may not be something you need to hire a lawyer for but I've seen people be offered such programming without having a lawyer.

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  • Is Lolicon legal to possess in the US? If so, why?

    Alex’s Answer

    I now regret googling "lolicon." In understanding the definition, the form that such imagery takes is less important than WHAT that image or video actually depicts. ANY depiction of minors, or even characters clearly represented to be minors, that depicts explicit sex acts or lewd display of genitalia, is likely in violation of child pornography laws either federally or at least in most states, including Minnesota. My legal advice: You should avoid this genre altogether. Much better ways to spend your time.

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  • What do i do when an officer stopped by to give me a random drug test but I'm on vacation 11 hours away?

    Alex’s Answer

    If you simply call your probation officer right away and agree to a test when you get back IF you know that you'll be clean, you should be able to avoid a probation violation. If you do this and they still decide to violate your probation, then you should contact an attorney in order to have the best chance at staying free and keeping your current probation arrangement. But at this juncture, you should be able to get some answers out of your probation officer as to what his/her intentions are.

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  • Could school charge me with theft for a chrome book that was borrowed from them and reported as lost and I agreed to pay?

    Alex’s Answer

    You are not guilty of theft. You should take this case to trial. Remember if you hired an attorney, he/she has to go to trial with you. They cannot make you plead. However, no matter how straight forward a case seems, rules of evidence are complex. However it is possible that simple disclosures in advance could get the case dismissed. Call a lawyer.

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  • Felony warrant for probation violation and a new charge, can he not serve jail time?

    Alex’s Answer

    It depends on the seriousness the charge, how much time has elapsed, what sort of history he has had in the interim, what sort of notices were sent and where. Probation violations are not hard to prove usually, and so an attorney will be able to tell you what is relevant under the law and what is not regarding his ultimate consequences. There is very precisely case law on the subject.

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  • What does the BAC in MN test for in a drug test?

    Alex’s Answer

    Actually a great question. Depending on who you ask, BAC stands for "Blood Alcohol Concentration." Some people think it stands for "breath alcohol concentration", but what we're really interested in is the alcohol in your blood. The alcohol in your blood is what goes to your brain and effects you. The standard for intoxication is .08 GRAMS of alcohol per 100ml of blood, a standard vial of blood. However, blood is constantly being defused to the lungs like all other organs. Some scientist basically estimated approximately 100ml of blood is defused to the lungs over the course of 210 Liters of respiration. Hence, if you took a breath test, you'll note that it is delineated as ".08g/210L". Of course the big issue is you didn't breath 210 Liters of air. You breathed at best between 1.5 and 3 Liters. The machine looks at the molecule flashes of ethyl alcohol, calculates the grams in that sample, and mathematically extrapolates the sample upward to the 210 Liter denominator. You can appreciate what a small amount of alcohol that is supposedly being detected in a rather large, entirely hypothetical volume of air. Put it into perspective. A teaspoon has about five grams. So divide that by five, that's one gram, now take les than 10 percent of that... that's how much alcohol the machine is supposedly describing in 210 Liters of air, a volume about the size of a small closet. And that's assuming, of course, that the machine is even reading it correctly and not misinterpreting certain interferents, even in microscopic amounts, as ethyl alcohol. I have heard some describe it as "body alcohol concentration". That's not accurate.

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  • Do I get charged with first degree burglary

    Alex’s Answer

    This is what we refer to as bar exam charging. It technically meets the elements so they charge it out. I could definitely envision a few County attorneys who would charge this out. If you get charged you should hire a lawyer who will take it straight to trial. I would find it very difficult to believe a jury could unanimously convict you of it. This is the type of absurd thing that needs to be stopped.

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  • Does providing insurance info to traffic investigations detective mean an admission of guilt about an accident/hit-and-run?

    Alex’s Answer

    While no an admission of guilt, this letter means that there's a report with your make, model, and likely your license plate number on it. If the information on the insurance card matches the the description of the vehicle, it could hurt you. That being said, if it's being mailed to you directly, that likely means a license plate number was gathered. however, sometimes license plate numbers are mistaken and the vehicle doesn't match. WISELY, you avoid mentioning in here whether you were actually in a accident. You need to discuss this confidentially with a lawyer. Whether you need to hire them or not depends on what happened. Most lawyers would give you some time to discuss the facts in a consultation before making that decision.

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