know someone who was charged with predatory offender and want to know the diff. because he has to register
There is a predatory offender statute that states which criminal convictions constitute a predatory offense requiring registration as a predatory offender.. Some of the listed offense are not necessarily a sex offense. I had a client charged with a felony domestic assault with strangulation (not an offense listed in the predatory offender statute), but the prosecutor threatened to add a False Imprisonment charge. IF he had done that, a conviction (even to a misdemeanor assault or disorderly conduct) would have led to a requirement that my client register as a predatory offender.See question
I was assaulted, 1st degree, he posted bail with conditions and I'm positive he's been drinking. Can I request an alcohol test on him?
Certainly you can try to reach the prosecutor to seek conditions for release or if this was a Domestic Assault, you can ask for them to request a DANCO order to protect you.. Be reasonable. If you get too pushy, your efforts could backfire. Many larger prosecution offices have an employee or more than one to address the needs and concerns of alleged victims of crime.See question
If they were to pull out a knife and threaten me for example, and I fight back to protect myself am I legally allowed to grope them? Just an example, if not are there any scenarios where it's allowed?
OK - One cannot commit a sexual assault.as prohibited by statute. Technically, certain kinky, consensual acts of sex may be legal. However, you do these at a risk. I did once have a case, where my client was reported to the police after a gal he met had "lover's remorse" after a night of consensual bondage - on the first date. My guy would have probably been charged and probably ] convicted under most circumstances (consensual bondage NOT initially sounding like a great defense). However, he hired me and I did an internet search and found a website where the same gal discussed her interests in bondage, and another website where she wrote about previous "bad choices" after drinking and activity with a guy.. She always followed these with an "act of empowerment". My guy got lucky and the case was not charged. Nevertheless, it should be a warning to avoid mixing violence and sex (role-playing, etc.), even when there is consent. Lovers often view things differently on hte sober morning after a sexual encounter.See question
A few months ago I was arrested just after I got home for 3rd degree DUI in Duluth, MN. It has been 3, almost 4 months since and nothing has been filed and I don't even have a court date. I only had a breathalyzer done, no blood or urine test, so ...
It would have cost NOTHING to have simply called a lawyer three months ago after your arrest. Now, you have almost certainly missed the deadline for filing an Implied Consent challenge to your driver's license revocation. It acts like a prior DWI on you record for many bad reasons for 10 years. Maybe the officer failed to give you proper notice or something, and maybe overcome the bad legal advice you have been getting so far FROM YOURSELF!!!!! On your original question, the prosecutor has three years to charge your case. You are still within the usual time it takes the procrastinating prosecutor to charge you. Once you get to 6 months, you can start thinking that maybe they've forgotten about you. At Nine months, you can start to put that check mark in the win column for the DWI (but have your eraser feady) and really start berating yourself for NOT having hired a lawyer to challenge the license revocation which for many bad reasons acts like a DWI on your record.See question
In Minnesota, age of consent is 16 years of age. Does this mean that at 16, consentual sexual actions are legal with a partner of any age above the 16 year old? If not, what does it mean that the actual age of consent in minnesota is 16?
For a consensual sexual contact or sexual penetration, most will not get get charged with a sex crime if the victim is age 16 or older. However, it is different for teachers, coaches, parents, guardians, therapists, doctors, lawyers - or anyone else deemed to be in a position of authority (as defined in our criminal statutes). For those people, the age of consent is 18. Also, there is a differential whiuch precludes prosecution of young people who have sex with someone under age 16. You wouldn't want to prosecute the 17 year old for having sex with his 15 year old girlfriend (16 months younger than him for example)See question
It was a weekend so I knew there was no workers. But after going through it I realize I probably shouldn't have. So I was wondering do they keep cameras on site to ticket?
Generally, Minnesota does not enforce its traffic laws with gotcha cameras. Squad cars not always but usually are usually equipped with dash cams. By the way - ARE there cameras - not IS there cameras.See question
I blew .226 and refused to test further. I didn't injure anybody and I was alone in the vehicle.
There are certain advantages for a first time offender to Refuse Testing in Minnesota if the test is likely to be .16 or more. However, now you are left with a Gross Misdemeanor charge apparently in a court in "out-state" Minnesota (where they usually have more space available in the local jails - so you get country justice!).. Yes, you can do jail in front of many judges, but not every judge and judges can be positively influenced. But there is more to worry about - Everyone in the system is going to know about your .226 PBT and will think "WOW". What are you going to do about that? Go into treatment, get an assessment, or just go into court and say "do what you want to do to me"? I suggest the latter is a very bad idea - the thing that happens to people who don't think beyond "Will I do jail time on a third degree refusal?" The question is whether you are equipped to influence the court with your vast inexperience in this area of law or whether you take this case seriously and hire an experienced attorney to fight the license revocation, defend you on the Gross Misdemeanor and give good advice on how to handle issues or non-issues with alcohol (treatment or alcohol education classes)? I know this is a tough response, but it's the truth!See question
HI my son is in prison in mn and South Dakota has a Warrant for him for disputetion of a controlled substance he is facing a long time if not life please help us he is a felon all ready I don't know the whole story but my son is willing to tell it...
He needs a lawyer in South Dakota who practices criminal defense. AVVO is a good resource for finding a lawyer in that area of SoDak. You can also check with the National Association of Criminal Defense Lawyers or the local bar association.See question
Someone I know was charged with CSC1 and the judge dismissed the charge due to lack of evidence (as far as I know). 2 weeks later they charged this person with CSC3. This person told me they are using all the same evidence as they did with the fir...
It depends on the circumstances under which it was dismissed. For example if the prosecutor is in the middle of calling witnesses trial and then dismisses, jeopardy has clearly attached. Under most circumstances, it probably isn't double jeopardy. Your friend needs a lawyer regardless of whether it is or is not double jeopardy!!!!See question
She threatened me on social media, threw the first punch and I had to defend myself. What will happen to me? Will I got to jail?
You are allowed to defend yourself from an assault with reasonable force. At 18, you don't want to start out your adult life with something like this on your record. Your best chance to fight it effectively is with an experienced private criminal defense attorney.See question