If a person is acquitted of a criminal assault charge, he can still be sued for a civil assault arising out of the same set of facts. This is true because the parties are different in both cases. In the criminal case the parties are the State of Minnesota verses the defendant. In the civil [...]
Yes, you can fight a minor consumption ticket. You would be wise not to submit to a preliminary breath test. You are under no legal obligation to submit to any field sobriety testing. The PBT test result is admissible evidence in court and can be used against you in a minor consumption prosecution. If you [...]
The best advice would be for you to contact the prosecuting attorney and tell him that you do not wish to cooperate in the prosecution of your friend. No prosecutor wants to have an uncooperative witness at trial. Let the prosecutor know if you were the one who started the fight. The defendant may be [...]
The best defense in a shoplifting case is to hire an experienced criminal defense attorney. If you represent yourself, you will have no bargaining power with the prosecutor and will only be offered unfavorable plea agreements that result in a conviction and jail time. An experienced criminal defense attorney will know the prosecutor and may [...]
If evidence favorable to the defense of a criminal case has been destroyed by the prosecution, you may be able to have the charges against you dismissed. The willful and intentional destruction of exculpatory evidence by the prosecution will provide you with favorable grounds for filing the motion for dismissal. The Due Process Clause the [...]
It may be possible to keep a theft charge off your record given the dollar amount of the theft and a clean record. My advice would be to enroll in a theft offender treatment program now and complete the program before your first court appearance. A proactive defense is the best defense against a criminal [...]
The attorney you hired is required to continue legal representation in your case even though you are unable to pay the balance of the retainer fee. Attorneys are required to file a Certificate of Representation with the Court in any criminal case. Once the certificate is filed with the court, the criminal defense lawyer may [...]
The store's attorney has a right under a statute to demand payment of the $250.00 fee in a shoplifting case. The fee is separate from any restitution payment that may be owed to the victim. The odds of the employer suing you to collect the statutory fee are slim and payment of the fee will [...]
You should meet with an experienced criminal defense attorney first. If you meet with the police first, you will be interrogated and may incriminate yourself. The officer could then testify at your trial as to any incriminating statements you made to him. Most attorneys will advise you never to make any statements to the police [...]
Minnesota law requires that your case be brought to trial within sixty (60) days from the date of the demand for a speedy trial. This is a constitutional right. The time period does not begin to run until after the entry of a not guilty plea. A defendant can make the demand for a speedy [...]