Legal Question in Criminal Law in Minnesota

RPR means no felony, right?

During the course of a DWI arrest, the car was searched and several elicit items were confiscated, but the detainee was released PR, so they CANT be charged later with anything Felonious, right? They would have had to be held until they could see a judge if that were the case, correct?


Asked on 9/11/06, 5:03 am

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: RPR means no felony, right?

Wrong. The shortest statute of limitations period I know of in Minnesota is three years (some are much longer). Whether a person is arrested has no significance as to whether they can be charged with a crime - felony or otherwise.

Other defense considerations would include whether the seizure and search were lawful; whether any admissions or confessions were obtained lawfully; whether the defendant is "innocent-in-fact" for example, whether there is proof of possession of contraband, etc.

Call to set up a free hour office consultation.

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Answered on 9/11/06, 4:25 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: RPR means no felony, right?

I am afraid that is not correct,. New charges may always be filed related to any items seized. There is some question, however, about the legitimacy of te search itself. That should be challenged.

For a FREE consultation on your specific case call us.

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Answered on 9/11/06, 11:43 am


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