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Alex De Marco

Alex Marco’s Answers

234 total


  • I was charge for theft at Walmart and the cops gave me a citation and I also received a letter for court as well. Please help???

    Alex’s Answer

    The trespassing thing is hard to dispense with. Separate hearing and very discretionary. However the criminal charge is a common one, and most juries can identify with this type of accident. The items were paid for, and if you had permission from your aunt to pick them up, well...they aren't stolen. Generally stores don't let folks pick up items on behalf of others, but that's on the store, not you. Candidly a lawyer could make decent work of it, but if you have no history, depending on the value, you'd likely qualify for a diversion to keep any conviction from being on your record. The trespass thing is another matter. A private establishment can pretty much trespass who the want to.

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  • In the state of Minnesota, is a disorderly conduct a misdemeanor, a petty misdemeanor or a civil forfeiture (citation)?

    Alex’s Answer

    What you received is a pretty standard offer. "Stay of imposition" is meaningless in the misdemeanor context. All it means is that jail time isn't imposed. Stay of imposition and stay of execution are effectively the same in the misdemeanor context. See Minn. Stat. 609.13 here: https://www.revisor.mn.gov/statutes/?id=609.13

    The only way to reduce it to a petty misdemeanor is if there an agreement to sentence as a petty misdemeanor, or, and it is rare, I have seen judges do it on their own. See 609.131 https://www.revisor.mn.gov/statutes/?id=609.131

    Hope this helps.

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  • Is the relationship still legal if I'm 16 and my boyfriend is 22 and we used to live in Minnesota now I move to North Dakota?

    Alex’s Answer

    In other words, literally, do not have sex in North Dakota or he goes to prison. Have sex in Minnesota, and it's completely legal. Strange disparity, but completely true.

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  • Perjury in Order For Protection

    Alex’s Answer

    I've been doing this 11 years and I've handled everything from traffic to murder. I've had two people charged with perjury. They're basically 6 controling cases on OFP's. Hire a lawyer that knows them. Look at Beardlsey v. Garcia. Great case on the subject. The reality is that most of these petitions come to the judges at 4:30 p.m. and they sign them after glass in them over for five minutes or less. The majority of orders for protection that are challenged end up being dismissed.

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  • Do I have any alternatives to going to jail?

    Alex’s Answer

    Probation always overplays their hand. 90 days on the line? Get a lawyer. For real. Look up State v. Austin. The state has to demonstrate the need for incarceration outweighs benefits of probation. Courts regularly deviate from the reccomendations of probation.

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  • Can someone who assaulted me press charges because I fought back?

    Alex’s Answer

    If you're not arrested by now, it's unlikely you will be. If you already answered questions from police and this is the decision they made, it will likely stay this way. However if police begon to ask followup questions you feel might be aimed at prosecuting you, best to be respectful and remain silent and let your previous statement stand. Anytime you give the story a second time, you risk inconsistency. At this point, if you were charged, you'd likely be summoned and not arrested. In the end, the state makes the charging decisions, not the citizen. You can't be charged merely on his request. A prosecuting attorney will need to feel there is a basis. Any good defense lawyer would be able to swing hard on a case like this if you were charged.

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  • Could time be served for this?

    Alex’s Answer

    Well it really turns on the UA. False positives are real, do happen, but to demonstrate the test as flawed or false costs money. It requires either retesting or expert testimony regarding the method, the result interpretation etc. It is also exceedingly difficult to proceed with this under the DOC rubric. However, I would not give any concern to the bow hunting. Unless there was some specific provision in is parole, a bow is not generally a restricted item, unless he was specifically banned from possessing "any dangerous weapons." Even then, allowing a hunter on the property is probably not going to be considered legal "possession" but then again the DOC kinda gets to determine whatever it wants. It's not like a normal process with a high burden of proof. If this is his first violation, depending on what he is on parole for, he may not serve time, especially if his sobriety and other conduct is on the ball. But a lot rides on that UA and what it's for.

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  • Can I vote or own a rifle if i was convicted of a felony at 17 turned 18?

    Alex’s Answer

    You description is a bit confusing. To be ineligible to possess a firearm, you have to be "convicted" of a "crime of violence." A Crime of violence is not one that would simple be considered as such by common nomenclature. Rather, it is a particularly delineated set of crimes. It is accurate that any conviction for a crime punishable by greater than one year (i.e. any felony) is a crime of violence. The definition is found here: https://www.revisor.mn.gov/statutes/?id=624.712 However, you indicate you were charged with 4th degree, but that you "broke probation at 18 found guilty of 5th degree g.m.", which I'm assuming means "gross misdemeanor". You then say this "activated" the felony. That doesn't make total sense to me. If you mean that you were found guilty of a separate offense, and this violated your probation and thus you were ultimately convicted of a felony, then no, you cannot. But if you mean you violated probation at 18 and were ultimately convicted of a GROSS misdemeanor, you MIGHT be able to possess a gun, but honestly, a lawyer would need to actually see the file and disposition to know the answer. Specific gross misdemeanors can make you ineligible, and that is found here: https://www.revisor.mn.gov/statutes/?id=624.713, but gross misdemeanor criminal sexual conduct does not appear to be one of them. If you were adjudicated in an extended juvenile jurisdiction disposition for crimsex 4, a felony, then that would also make you ineligible, regardless of the actual disposition. But you also indicate there was a stay of adjudication. Was that revoked then and thus adjudicated of the felony? Then that's a no. You're going to need a lawyer to just look at the paperwork to really get an answer. Same with voting, though, as noted, THAT right can be restored when probation is done. The firearm rights cannot. The only way to restore your firearm rights would be to wait until you're off probation and seek specifically an expungement and a precise order from a court restoring that right. That's highly discretionary, although the laws recently changed on that, particularly with regard to juvenile offenses.

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  • Can a parole officer come to your home peeping in your windows in the middle of the night and make unscheduled visits .

    Alex’s Answer

    He probably doesn't need to announce his visit, and unfortunately recent caselaw makes it pretty clear you don't have a lot of privacy rights if you're on probation or parole. As long as you're not violating your parole in any way, it seems to me it's primarily your Landlord's concern. Does your landlord know you're on parole and what for? If so, you may want to have the landlord give a few calls and see if that changes routine, or offer to meet offsite for UAs and breathylizers.

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  • Relationship ended, crazy ex girlfriend, dismissed OFP, now felony theft charge.

    Alex’s Answer

    Very simple it's a case for trial. The bias and motives of one's accuser are always always relevant for inquiry at trial. If you've saved text messages and other communication regarding the relationship, this may be helpful to probe that issue further. Don't give up, there is hope. Wouldn't waste a lot of time with pre-trial probable cause motions and the like. Just find a good lawyer and set it for trial.

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