Legal Question in Criminal Law in Minnesota

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.

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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.