Legal Question in Criminal Law in Minnesota

How can they do that ?

I was just arrested 6/26 on a

girlfriend situation in the city of

maple plain minnesota. 6/26/08,

angry girl decides to call 911 out of

sheer emotion and hung up. they

called back, she answered, said

everythings okay, and 5 min later,

they placed me under arrest for a

911 interrupt when I TRULY did not

do it. We were arguing, but no

bruises or scars of course. An

''invisible''domestic, another dis-

orderly condct, and 911 interrupt ?!

How can the police just make up

charges ?? No phone was snatched

or interrupted, no scars, no bruises,

of course they wouldn't have let me

out 6/30/08 (yesterday). I have

court 7/18/08 for this. The police,

during booking, decides to make

judgement call, and withold my car

keys as evidence? with a note on

THEIR item list stating return to

Radke? She has a suspended license,

owes alot to the state. Both of our

names is on vehicle, i got it out the

pound once myself. I am valid. Car

keys documented on jail item slip

that I have right now. No notice

whatsoever. Im lost. I need major

assistance. I have no prior felo's, just

a few misdo's . Please help ......


Asked on 7/01/08, 7:00 pm

3 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: How can they do that ?

Many people wrongly assume that police are better than human beings, and never make mistakes or do wrong things. Police make mistakes all the time, just like other people do. Unfortunatley when police make mistakes, the lives of the people on the wrong end of those mistakes can be seriously and permanently damaged.

That is where criminal defense lawyers like me come in. It would be wise and important to retain a good criminal defense lawyer as soon as possible, to fight back for justice in this matter, and to protect the legal rights of you and your family. Your future will depend upon it.

The good news is that I have a high rate of success with these kinds of cases, after a lot of hard work and patience and knowing what to require as an acceptable result. Call me to discuss if you wish.

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Answered on 7/02/08, 12:10 pm
William Bulmer II Law Offices of William K. Bulmer II

Re: How can they do that ?

You are dealing with a situation which is typical of police nowadays. Police arrested you likely because they think you got her to say nothing happened. You really need to hire an attorney to fight these charges. A domestic is a crime of violence with the loss of gun rights for life if convicted. Many other consequences occur as a result of a conviction, such as work and housing issues.

Contact me with additional questions and a free consultation.

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Answered on 7/01/08, 7:18 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: How can they do that ?

Thank you for the e-mail.

A fifth degree assault can be very serious. It requires that you acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act.

A fifth degree assault is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine. However, the collateral consequences of a conviction are extremely significant and, arguably, more severe than the criminal penalties themselves. As a result, it is extemely important to protect your public and criminal record.

First, if convicted of a fifth degree assault or any assaulyt offense, employers who require a background check will not hire you. That is particularly true if you work closely with customers or in some other service oriented profession.

Second, many landlords now perform background checks for applicants and, if you decide to rent, you may be denied an apartment with a crime of violence such as an assault on your record.

Third, a conviction for assault may result in licensing problems for certain occupations or interfere with acceptance into some schools of higher learning.

Finally, it is also compelling that a non-citizen may suffer deportation and, even a citizen would lose their right to possess a weapon ,even for hunting purposes, after a conviction.

Often, the best defense is a good offense. In most instances, an argument for self defense may be made and Motions should be served to acquire all statements and medical records from the prosecution. Often, with skilled legal representation jail time and convictions can be avoided.

We do require a $2000 retainer for such matters

For a FREE consultation call 612.240.8005

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Answered on 7/01/08, 8:35 pm


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