Legal Question in Criminal Law in Minnesota

abuse of criminal process

How long is it before a case can be considered abuse of criminal process? My friend was charged 9/02 in MN with drug charges. He won't take a plea & has stated he wants to go to trial. Every month he goes to court & everytime its continued by the state. I never get a reason from my conflict lawyer as to why. Now the judges think that I need a new lawyer, but want to pull my bail to pay for one! Is that possible,also?


Asked on 9/10/03, 2:07 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: abuse of criminal process?

I'm not sure what you are trying to ask or say with "How long is it before a case can be considered abuse of criminal process?" That question does not seem to clearly refer to any legal right or remedy I am familiar with.

Your lawyer could make a speedy trial demand -- is that what you want? This makes more sense if you are "in custody."

I would ask you, or your friend, which is a higher priority -- a good result in the case, or a quick result in the case? If the answer is "a good result," then perhaps patience and hard work towards that goal are in order.

From what you wrote, it sounds like you might have a public defender appointed from a conflicts panel. You should know that you can hire a private lawyer to represent you if you have the money. As far as "pulling your bail to pay for one" -- I'm not sure if you mean you'd posted cash bail, are out of custody, and a judge has suggested continuing your pre-trial release but using your cash bail to pay for a lawyer?

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Answered on 9/10/03, 3:16 pm


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