Legal Question in Criminal Law in Minnesota

I was convicted of two gross misdemeanor charges and one misdemeanor charge for one behavioral incident in MN. I appealed the case on issues of not being allowed to present rebuttal witnesses and errors in transcripts which were brought up in the sentencing phase of the trial because we did not have the transcripts prior to this. the appallete court affirmed the chargesand stated that the transcripts were correct even thogh there were sworn affidavits of persons observing the trial that statements were made which did no appear in the transcript.

I was also told that the police officers did not have to provide me with my miranda warning as they were not going to question me and I was not under arrest, however they took me in hadcuffs from my apartment and placed me in the back of a squad car and turned the cameras on in the car. During the trial the officer testified that he arrested me in my apartment, this appeared in the transcript. The video from the car was used to support their assertions in court. Is there anything that can be done?


Asked on 12/16/11, 11:40 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

These sorts of questions are not the sort that can be well answered in this format, on such limited information. It appears this case had a trial and at least one appeal. Only a lawyer who was able to thoroughly review the transcripts, the pleadings, and have an in depth discussion, would be in a position to begin to address the questions raised here. It may be that further appeals or post-conviction litigation could be done, if there is still time. I would suggest you discuss with your current lawyer; or another who is willing to do a thorough review, who does appellate and post-conviction work.

Read more
Answered on 12/16/11, 11:50 am


Related Questions & Answers

More Criminal Law questions and answers in Minnesota