Legal Question in Criminal Law in Minnesota

My Husband Needs Help

my husband is in prision in mn. I am wondering if there is any way we can take this issue back to court. He went to jail for probation violation (He failed a ua) they had time hanging over his head from before for a felon having guns there are many twists to this and I was just wondering if there is any chance we could have this retried He had a warrant out for his arrest for many months and the police were out our way numerous times and knew where we lived and never did anything til one day when we had to take our daughter to the cities and he helped drive and got picked up cuz there was a warrant out for him I am wondering if there is a statute of limitations ect. I would very much appreciate any help you could share with me


Asked on 11/07/08, 11:49 pm

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: My Husband Needs Help

If he was violated on probation, he would have had the right to a Morrisey hearing, an evidentiary hearing in whiuch the court would determine whether or not a violation occurred. If you believe the Judge erred in that determination, the only avaenue available is an appeal.

For a consultation call 612.240.8005

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Answered on 11/10/08, 2:22 pm
John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: My Husband Needs Help

Many more facts are required to properly address your question, which generally asks whether the court can revisit a prior conviction, and whether warrants "expire."

To answer the first question: In general, he cannot challenge his prior conviction, if the appeal period has expired. To answer the second question: warrants do not simply expire, and the mere fact that one officer never chose to act on the warrant does not mean another is prevented from doing so. If the warrant was issued by a Minnesota Court, and you live outside Minnesota, it is also possible the local police knew nothing of the warrant, or that it could not be enforced outside Minnesota.

I presume a public defender has been appointed for your husband. If not, or if you otherwise need assistance, please contact my office.

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Answered on 11/10/08, 1:00 am


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