Legal Question in Criminal Law in Minnesota

Last december my house where I and a roommate were renting got raided ...nothing happened and now I have awarrent and seems I've gotten charged but I never got court papers or nothing


Asked on 1/05/16, 10:59 am

3 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

That is the typical scenario after police find contraband during the execution of a search warrant in a home - if the county attorney files a criminal Complaint, typically it will happen months later. The county attorney (prosecutor) can choose to send it in the mail with a Summons and court date; or to ask the court to sign an Arrest Warrant. When an Arrest Warrant is issued, no court date will be set until the defendant is in custody. Once in custody or soon after, you should get a copy of the complaint. You may be able to see the charge filed by doing a name search on the courts website.

You may want to turn yourself in so you can "clear" the warrant (get rid of it) and get a court date. That could involve a few days in jail, or less, waiting for bail or conditions of release to be set. You may want to retain a lawyer before then, and coordinate the date you choose to turn yourself in with your lawyer's schedule (for the pre-trial release, or bail, hearing). You would be welcome to give me a call to discuss further at 612-333-1500.

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Answered on 1/05/16, 11:09 am
Samuel Edmunds Sieben Edmunds Miller PLLC

This can happen. Your case file probably sat on an investigator or prosecutor's desk for a long time. Eventually, they must have reviewed the file and decided to charge you with a crime. Once the county attorney decides to file a complaint against you, they can request that a warrant be issued.

Now you are charged with a crime. I'm guessing that it's a pretty serious crime. Get a lawyer retained to represent you right away. Feel free to give me a call to discuss options.

(651) 994-6744

[email protected]

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Answered on 1/05/16, 11:15 am
Rory Durkin Giancola-Durkin Criminal Defense

You need to speak to an attorney right away to see if you can get the warrant quashed and make an appearance. Sometimes the prosecutor will agree to allow you to walk in to court and respond to the complaint if you have hired counsel and worked out that kind of arrangement. If the things that were seized that are a serious enough problem (ie., felony large amount of drugs or criminal sexual conduct), you may not be able to do anything other than turn yourself in to get conditions of release set. If you want to discuss this further contact us at 763-4212-1441.

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Answered on 1/05/16, 12:08 pm


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