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Andrew M. Leone

Andrew Leone’s Answers

1,228 total


  • How do I go about this scenario? I have no driving record on me and I blew .1 when leagal is .08

    I got booked and released in 45 min tonight for my first DUI offense. What should I expect? Also, on the citation I was given, he has all of the information completely wrong. It's not even my name on the citation! It was the person picking me up t...

    Andrew’s Answer

    This is why it's important to retain an experienced attorney as soon as possible. There may be several defenses that need to be explores, including what may end up being an invalid citation. Many of us who practice in the Twin Cities also often take cases in Mankato and work in the court system down there. Contact some of us soon and see who's the best fit for you.

    Thank you and I wish you the best of luck.

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  • What should I be settling for and or how much is a decent amount to accept?

    Well I was involved in a car accident and my son was driving...A Semi truck driver ran a red light and hit us causing our car to flip and hit a pedestrian and a light pole..the car we was driving was not insured and it was totally wrecked..by the ...

    Andrew’s Answer

    Unfortunately most the time when a person tries to handle this type of situation on their own, they end up being taken advantage of by the insurance adjuster. The adjuster's job is to save their insurance company as much money as possible, which is why they tend to give low ball offers to those individuals who do not have attorneys. Often times these offers are accepted; however, a lot of money is likely left sitting on the table. You are doing the right thing but questioning this offer.

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  • What will the outcomes of my court date look like? Is their any possibility to avoid jail or receive a divergent program?

    I have been charged with a citation of theft in Minnesota ( it is a misdemeanor) for the accusation of 35$ stolen. When confronted by police I plead guilty and a court date was set.

    Andrew’s Answer

    Depending whether you have any criminal history, there may be several options to resolve this case without it resulting in a conviction. It would be in your best interest to at least consult with an attorney directly in order to know what your options may be in this case. Your confession to the police could be used against you if you elect to go to trial; however, it will no likely affect any resolution if agreed upon with the city attorney to resolve the case early.

    I wish you the best of luck.

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  • In what type of court do you sue for slander?

    Somebody is constantly telling people just obserd lies about me. I haven't talked to this person in 8 months but they talk to people like they talk to me every day. They are telling people I'm on drugs. She recently started telling people that I'v...

    Andrew’s Answer

    I agree, a cease and desist letter is the best way of initially handling this situation. If that doesn't work, then filing for a restraining order. A slander lawsuit may be possible as well, but this is a difficult alley to navigate.

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  • How can I fix this situation?

    When i sold my first car i didn't do the paper work right so four or five month later its been to an accident and now they want me to pay for an accident I've never been in

    Andrew’s Answer

    You state you didn't do the paperwork, but is there any documentation that can prove the car was sold? If so, supply it to your insurance company as soon as possible so they know you were not in ownership of the car at the time of the accident. The insurance company will then take the possible steps to make sure you are not liable, because in return, it would mean they are not liable.

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  • How can we make this happen for her?

    Have a friend that is in need of a medical malpractice attorney, ring finger was pulling in towards palm of her hand, doctor performed surgery on hand, now the rest of her fingers are pulling in towards palm of her hand. She is unable to use her...

    Andrew’s Answer

    Your friend should be seen by another doctors to see exactly what is going on. Maybe, that doctors could give an opinion on whether this was caused by the prior procedure. Afterwards, it may be a good idea for he/she to discuss the case with another attorney. Sometimes cases change based on new doctor reports.

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  • Will the warrant "expire", & can she be extradited?

    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 ...

    Andrew’s Answer

    As previously mentioned, it is very likely that the warrant is still active. The best course of action is to get an attorney retained to get through this process. There may be a possibility to get the case set for a court date and have your daughter appear in front of a judge, this may relieve her of having to turn herself in; however, in the alternative, her turn in can be planned and set up in a way to assure she is only in for a very short period of time before appearing before a judge.

    The next issue is that she is not just facing the warrant, she is also facing the pending charges. Typically, cases do not get better for the prosecution with age. After 25 years, there is a chance that the witnesses they need to prove their case (most likely law enforcement) are no longer around to testify. Also, they would have to prove the substance they are alleging her of possessing is the given drug they claim it is; this may be difficult to do if they don't have all their witnesses, and after 25 years do they know where the substance is if they need to retest it, has it been tampered with or damaged over time, et.... There are many issues that may arise with a case of this age.

    Also, depending on whether your daughter has any criminal history, she would likely be able to resolve this case in a favorable way, possibly keeping a conviction off her record.

    Most importantly, your daughter has lived with this now for a very long time and I can imagine it has weighed on her mentally. It would be a huge peace of mind to finally get this situation resolved. Currently, she is at risk anytime she is in public of encountered a police office (a traffic violation, involved in an accident, etc...). Any encounter could, and likely would, lead to the officer running her name and discovering the warrant. If in another state, she would be brought to jail while Minnesota decides whether or not to extridite. As mentioned above, this could be a long process. Being proactive and taking care of this will be a lot quicker.

    To summarize, it would be in your daughter's best interest to retain an attorney prior to coming back and turning herself into the jail. An attorney may be able to speed the process up and can also review all the evidence the prosecution has and potentially come up with a defense, or resolution, prior to her turning herself in. If that is possible, maybe the warrant situation gets taken care of quickly.

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  • How can I get this dismissed

    My 3 friends and I went to a bowling alley to go hang out for the night. Closing time came along and we left the place. As we were approaching the car someone almost ran over one of my buddy. A random person that just say what had happened yells o...

    Andrew’s Answer

    If you haven't already done so, retaining an attorney is your first step. Getting this dismissed may be possible, but it's not a guarantee. Your attorney will be able to review all the evidence and file the appropriate motions. Also, if necessary, you can take the case all the way to trial and the prosecutor would then have the burden of pricing the case to a jury.

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  • What do I need to do to get my first plea back?

    My court appointed attorney never took the time to look at my case I was offered a plea that has expired. I recently was offered a plea for 3 years longer than the first, now my attorney is telling I should take this plea.

    Andrew’s Answer

    There is no guarantee you'll be able to get the first offer back, but your best two options are to have your current attorney continue to negotiate or retain a different attorney who may have a different negotiation strategy.

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  • How can officers search a vehicle before a search warrant is signed?

    I'm being charged with 5th degree con sub,2nd degree con sub, simple robbery, conspiracy, and two counts of kidnapping,false imprisonment, and 2nd degree assault. I noticed when looking through my paper work that in motion of discovery for my 2nd ...

    Andrew’s Answer

    There is not enough information to give a qualified legal opinion on this matter. There are many search warrant exceptions that may apply in this case. A thorough review of all the documents in your case would be needed in order to determine whether your rights were violated by a illegal search.

    At this point, you are represnted by an attorney, your public defender. He or she will review everything in your case and make the appropriate decisions. However, if you are not comfortable with this representation, then I urge you to speak with a private attorney to see if you are able to find representation that you can afford.

    Thank you and I wish you the best of luck.

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