Legal Question in Criminal Law in Minnesota
My boyfriend has a past felony charge for domestic abuse with an ex girlfriend and got a fifth degree one with me. He was ordered a no contact order and was caught at my house for a second time,I have tried to do everything to remove it and I can't. I've already written a letter to the judge and still nothing. What can I do if we really want to be together?
2 Answers from Attorneys
The only thing that can really be done at this time (for you) is to wait for the conclusion of the case. I assume that you have expressed your desire for the case to be dropped to the prosecuting attorney? Once the State has the case, they don't normally let go until they are satisfied. That includes cases where the "victim" in the case no longer wants to pursue charges.
Once the case has concluded and there is no longer an order for him to stay away from you, you can be together. Until then, being with him will only hurt him.
Your boyfriend faces very serious charges with a rior violation. He is likely charged with a gross misdemeanor where he faces up to one year in prison if convicted. Moreover, a violaton of a restraining order nly makes matters more difficult.
He must hire aggressive and experienced counsel. That attorney maty be able to take your statement in order to negotiate with the prosecutor. Only at a hearing and upon filng a motion seeking to modify conditions of release can the restraining order be removed. Until that occurs, any contact may result in incarceration pending trial as well as poential new charges.
For a FREE consultation call 612.240.8005.
Related Questions & Answers
-
My friend was charged with 5th degree contolled substance at age 14 but they game... Asked 10/16/10, 8:32 am in United States Minnesota Criminal Law
-
Me and my buddy got caught last night shoplifting a few food items from Walmart. The... Asked 10/13/10, 11:02 pm in United States Minnesota Criminal Law
-
Is there a time limit for a motion to withdraw a plea? On a fifth degree assult? Asked 10/13/10, 8:05 pm in United States Minnesota Criminal Law
-
I am being charged with a felony in Houston County, MN. My lawyer told me to plead... Asked 10/12/10, 1:06 pm in United States Minnesota Criminal Law