Legal Question in Criminal Law in Minnesota

second degree assult

my son is being help in jail in Mn.he had a fight with someone.the person dont want to press charges.the officer(Grant Nelson)said the police dept are pressing charges.my son is B/M the vitim is W/M.my son is being charge with second degree assult for hitting the person with the bottle he was drinking out of.this happen in thief river fall Mn on the college campus.how long can they hold my child.would my son be able to get a bond.i was told yesterday that court will be today.when i call today i was told no judge. my child is missing class.i think my child is being held because he is a black male with no criminal back groundand the police dept want to mess up his future. if there is no judge cant the police give him a I-bond.he has no criminal background.


Asked on 11/07/06, 11:46 am

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: second degree assault - pre-trial release

I am sorry for your misfortune. Your son is lucky to have a caring parent looking out for him.

People charged with crimes in Minnesota have a Constitutional Right to Pre-trial Release, under the Minnesota Constitution. Pre-trial release can be a little complicated in its complexity.

An accused has a right to pre-trial hearing before a judge within a few days of arrest. The accused has the right to have a lawyer present to represent them. Sometimes the court will authorize police to release an accused prior to that court hearing. Often, the bail amount, if any, will get lower if the accused waits and goes to the hearing to request lower bail.

Calling the jail where he is being held may yield information about conditions of release before the hearing. Calling the pre-trial release division of the probation department could yield useful information. Calling a trustworthy, local bail bondsman can be a good resource. They try to be helpful in the hope of selling you a bail bond when the time comes. The best resource, of course, would be a good criminal defense lawyer -- a local one if available. I myself am not local to the Thief River Falls area. Good luck.

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Answered on 11/07/06, 12:26 pm


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