Legal Question in Criminal Law in Minnesota

what is the maximum sentence for a disorderly conduct? At first, they wanted to charge me with a disorderly, put me on probation for a year and make me do a chemical evaluation. I was charged with a doc, but made a plea bargin with the prosecuter which was to charge me with public nusiance and 3 months probation to the courts. The judge decided to go with the public nuciance charge, but to do 6 months probation to the courts and if i get any other charges while on probation, the judge said i would have to do 90 days in jail and pay a $500 fine. I didn't really want to do this, but my public defender said it was a god deal, so i plead guilty. But a lot of my friends and family said that it was a horrible deal and I should have went to jury trial. Was it a good deal or did i get screwed? I was hoping it would just get dropped or i would have to pay a fine. All that happened was my girlfriend and I were arguing too loud one night and we live in an apartment so the neighbors complained. What can I do now after I already plead guilty? Can or should I appeal? I am a full time college student and I have a 1 year old daughter and I am the main provider for my family. On my previous record, I only have a dui and a minor consuption from 4 years ago. I feel like i got screwed and I'm hoping there is something I can do about it.


Asked on 11/30/10, 1:36 pm

2 Answers from Attorneys

Landon Ascheman Ascheman Law

In hindsight there are a lot of "I should have, I could have's" You could have taken this to a jury or judge trial. You may have won, and been acquitted, and not had this on your record. At the same time, you could have lost, been sentenced and spent time in jail and have this permanently on your record.

If the Judge accepted your plea of guilty, and you told the truth in your plea, then you met the elements for the offense. If the State could have proven what you said, and if the Officers that testified were believed, you probably would have been found guilty.

You could attempt to withdraw your plea (this is very unlikely and difficult to do - but it is technically an option). You could appeal your plea (even more unlikely and similarly difficult - but also technically an option).

Is it possible that you could have received a better offer? maybe. Is it possible you could have received a worse sentence? yes. As it currently stands, it sounds like you have no jail time, and no fine - as long as you follow through with your probation and don't have any incidents in the next 6 months - over all, that's pretty good.

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Answered on 12/05/10, 2:36 pm
Thomas C. Gallagher Gallagher Criminal Defense

"Buyer's remorse" is a common phenomenon. So is having your supporters attempting to give support by expressing confidence in your case, and you. But those supporters are biased (in your favor) and lack access to the evidence the other side claims to have.

Once a person has plead guilty, it is possible to make a motion to the judge to allow a withdrawal of the guilty plea. If granted, you could face the charges anew. But these motions are difficult to get granted by a judge.

Maybe you could have won a trial. Maybe not. But you made a choice that will now be difficult to change. You could try to do so, by making a motion to withdraw your plea. If you do, be aware that time is of the essence when making such a motion. In other words, if you are going to do it, you'd best do it now.

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Answered on 12/06/10, 6:24 am


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