We are located in MN. My boyfriend is on parole right now, he was released five months ago after serving two years,. He got out early for doing the boot camp program, instead of serving the remaining two years. He was sentenced for drugs. He get...
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.See question
Charged with 4th degree sex assult at 17. After probation would be a stay of adjudication. Broke probation at 18 found gulity of 5th degree g.m. which activated the felony and had to register as a s.o. currently on probation, will i be able to vot...
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.See question
I've recently got off of intensive supervised release. I'm now on regular parole, but don't get along with new Po, he's good friends with old Po. New Po comes to my home all times of night with breathalyzer, peeps through windows with flash lights...
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.See question
Fred is dating Wilma for three months. Fred helped Wilma with a few hundred dollars because Wilma wasn't able to pay her rent. Never discussed repayment. Fred later decided he was now short on cash and Wilma didn't have any money to repay the favo...
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.See question
I was recently put on probation for 5th degree domestic assault in Hennepin county MN. I met with my PO for the first time and he told me that I am unable to travel outside of the country. I asked him if he is not letting me go or its just a part ...
It largely depends on the nation you are traveling too. Some nations are more restrictive than others. Canada has tended to loosen its restrictions to promote travel and tourism and commerce. Unfortunately, the best way to find out is book a flight and try to go. It doesn't sound like it's a condition of your probation, however.See question
I have a 25 year old daughter that was arrested with two ounces of marijuana & was charged with felony possession of narcotics. She was arraigned & her court case is pending. She did not report in to probation as required as a condition of her ...
Bench warrants can expire, but they can also be extended, and they "tolling" for that warrant can be interupted if you've specifcally absconded from justice. Further, it's a felony warrant. While it would take some time, it is a fact that she could be extradited from California to Minnesota at some point if she has any traffic stop or other contact with law enforcement down there. I can tell you having had clients extradited from California....that takes a LONG time. In otherwords, she's risking possibly sitting MORE JAIL TIME on this matter by running then if she just turned herself in and faced music. A Marijuana possession case generally a really simple case to analyze and make decisions on quickly. She should compile paperwork immediately, choose a lawyer, and have that lawyer do a free consult and review the charges and discuss it with her. Most any of us will review documents and discuss strengths and weaknesses for free or a small fee. After she gets some predictability, she should turn herself in and tell her lawyer so that he's ready to begin work on the case right away. THis will minimize her incarceration time and protect her rights.See question
My fiancé was told that she has Marijuana in her system and she is giving birth today. They said they will have to contact a social worker
Social services may get involved and the child could be taken temporarily but there will be an emergency protection hearing in a matter of a couple of days and I doubt any judge would keep the child away from you. How much marijuana does make a difference. But this is not a criminal law question. You're going to want to find an attorney that has some experience in child protection casesSee question
I completed my 10 days of house arrest, also in my probation requirements it says nothing about i cannot have an firearm.
Yes. This is not a crime of violence as defined by statute and does not affect your eligibility.See question
Yes you can "date" so long as you are not in a position of authority, like a youth group leader or something, which is unlikely given the small differential.See question
I have four assault charges, one resulted in a felony(stay of imposition). Two are over ten years old, two are seven years old. The stay of imposition sentencing was successfully completed in 2007.
One thing that continues to depress me is the constant focus on sentence, as if you've already been convicted. You need to decide, are you just gonna plead, or are you gonna fight? You're a twice convicted felon. Nobody will give you what you want. You have to make it known that you'll try the case, that they could lose or it could be too much work for them. That's the only time good plea deals happen. You're facing prison. If you have prior felony assault charges, that is where they want to put you at this point. The state has a lawyer. You need one too.See question