My friend in Texas, and needs an expungement but cant come to MN for hearing once scheduled. Is there anyway around this? Or doe anyone offer free consultation? Thank You!!
If hired, an attorney can represent your friend in your friend's absence. Without an attorney, your friend needs to appear in court. Feel free to contact me for a free consultation.See question
I have a prior felony that was deemed a misdemeanor due to a stay of imposition. With the new law that takes place in 2015 can I get it expunged under the misdemeanor 2 year law or do I have to wait the 5 years before I can get it expunged. I want...
Because the legislature did not clearly answer this question in the new expungement law's language, it's unclear how courts will treat felonies converted to misdemeanors pursuant to stays of imposition. My guess is that most, if not all, judges will treat them as felonies and thus require petitioners to wait the minimum five years, rather than two years for misdemeanor convictions. Time will tell, however. Also keep in mind that the waiting periods begin AFTER discharge from probation. So if a person is on probation for one year on a misdemeanor, s/he must wait two years after being discharged from probation, or a total of three years from the time of sentencing. Also keep in mind that the new law's expansion does not apply to all types of felonies, but rather a very specific list of felonies only. To get a better idea of your options, I recommend consulting with an expungement attorney who regularly practices in this area. Good luck!See question
Imagine you're in a retail clothing store in a large mall. You're holding a shirt worth about $20 that you intend to pay for after looking at other articles. This particular store plays music, which makes it difficult to hear. You receive an impor...
You may get charged with misdemeanor theft. The State must prove that you intended to steal the merchandise, so circumstances (like the phone call, whether the shirt was concealed in any way or just being held in your hand, any video footage showing you exit the store, etc.) are important. Note that the civil settlement is completely separate from any criminal charges that may come, and neither has any effect on the other's outcome. Regardless of the circumstance (but especially if what you say is true) you should have representation for this case (assuming you get charged). You certainly have more than one option of how this case could be handled.See question
So the reason I was pulled over was for speeding over 100mph and while I have no good reason for going that fast my excuse to the officer was I felt I was being crowded by the vehicle behind me and I was trying to put some space between me and the...
To add to the other answers already posted, you have nothing to lose by taking a shot in court. You may be able to negotiate a settlement with the prosecutor where this alleged offense stays off your record (and you have a decent shot since your record is currently clean). Most prosecutors aren't looking to jam people up. With a clean record and the right negotiation, keeping this case off the books is not an impossible task. Good luck.See question
February 21st, 2013 I got sentenced on my 2nd order of protection violation protecting my ex-wife & children and a probationary domestic abuse no contact order was put in place for two years. Towards the end of Jan 2014 based on the request of my...
I agree that a lawyer can help you present your argument in the best fashion. Generally speaking, as more time passes without any violations, you're chances of getting the DANCO vacated increases. Having support of the victim is also helpful. Good luck!See question
I am being charged with petty theft, do I need a lawyer present at the hearing.
Unless you have previous theft convictions, you probably aren't looking at serving jail for this type of case. Your main concern should be keeping a theft conviction off your record. That may or may not be possible, which is why you should at least consult with an attorney, and seriously consider hiring someone (or applying for a public defender). Regarding your second question, if you plead guilty and are convicted, a lawyer cannot change the charge later (usually) but the charge can possibly be changed before resolving the case through negotiations with the prosecutor. Good luck!See question
I was at a Minneapolis hotel bar. I got up and used the restroom, and when I came out the bartender was standing there with a security guard. We went back to the bar and I discovered I didn't have my wallet so they called the police. I don't under...
The fact that they stopped you near the bathroom entrance, and not outside the restaurant or near your car, creates a gray area. How do they know you weren't going to sit back down at your table? How do they know you weren't going to speak with the manager and explain your wallet was lost but that you didn't realize it until after eating your meal? They simply assume you were going to leave without paying, and that's an assumption the State has the burden of proving, not the other way around. I assume based on the info you provided that you're charged with a misdemeanor. Realistically you're not looking at serving jail time for something like this (unless there is much, much more to the story). My advise? Fight this case. If you had no intention of skipping out, and more importantly, if the State can't prove that, you shouldn't even entertain the idea of pleading guilty. Other advise? Get some help, whether that's hiring a private lawyer, or getting a public defender. The fact that you were arguably still within the borders of the establishment when stopped should be your main focus. Let an attorney help you flip this case upside down. And good luck!See question
I was convinced by my family and jumped the gun at filing for an OFP on my husband. There have been a few physical issues between us, and I can honestly say I probably provoked these and was physical back. We have 4 kids and I filed for protecti...
I agree that the best option is to show up at court and explain you want everything dropped. If you didn't show up, the judge will most likely dismiss the case as well.See question
my boyfriend just got locked up for those things and me or him dont know how long he will be kept in jail for
I agree with my colleague but will add that how much jail time is given as a result of the probation violation (that is if he admits the violation or it is proved against him) will depend on a variety of factors: negotiation between the lawyers, sympathy of the judge, how many probation violations he's had already (if any), whether the violation was something smaller - like failure to check in with probation - or something big - like committing a new offense. If he is looking at significant jail time as punishment, it's in his best interest to chat with a lawyer.See question
it is in the states hands? how does she lift no contact order? and get all this done & over with? along w/this uncalled exp. machine??????
The alleged victim does not control the case, but does have input with the prosecutor. Whether your charges are dropped or reduced is entirely up to the prosecutor. Regarding the no contact order, the alleged victim can make his/her wishes known to the court through either a victim advocate or the prosecutor, which the judge will take into consideration. If the alleged victim wants the no contact order dropped, there is a better chance that will happen than if the alleged victim wants it to remain in place, but you want it dropped.
With no criminal history, your concern at this point should not be jail time. You should be concerned with having a final criminal record that will follow you for the distant future, and will carry several collateral consequences. You should have representation, whether that is a public defender or private counsel. Depending on the facts of your case, the aggressiveness of the prosecutor, and the cooperation of the alleged victim, there are may options of resolving your case OTHER than pleading guilty to domestic assault. There outcomes range from dismissal to pleading to a lesser charge. Feel free to call me to discuss in more detail.See question