FAQ's

Crimes are charged based on levels of severity. Based on what level of severity you have been charged with, your maximum penalty differs.

1. Misdemeanor: If you have been charged with a misdemeanor, the maximum sentence is a fine of $1,000.00 and applicable surcharges, 90 days of jail, or both.
2. Gross Misdemeanor: If you have been charged with a gross misdemeanor, the maximum sentence is a fine of $3,000.00 and applicable surcharges, 365 days in jail, or both.
3. Felony: If you have been charged with a felony, the maximum sentence is specified in the complaint, citation, or ticket, including the maximum fine and potential jail time.

Yes! You must come to all court appearances. If you do not come to the Court when you are told or been notified of, you can be charged with a separate crime for failing to appear and a warrant may be issued for your arrest.

Bring all documents you received from the Police or the County regarding your case. This helps your attorney and the criminal defense team help with your case as well as discuss all the options you have during the proceedings. Our office has provided a checklist of documents commonly given to you that our office would need for the case.

Our constitution has provided all defendants in criminal matters, certain rights during the criminal process, these include:

1. Right to an Attorney: You have the right to be represented by an attorney, if you cannot afford an attorney, the Court will appoint an attorney (Public Defender) to represent you at no cost.
2. Right to Remain Silent: You have the right to not speak to the police, the County Attorney, or any other person regarding the facts of this matter, this includes not testifying at a trial. If you remain silent during the case, no one can use your refusal to speak against you. In contrast, ANYTHING you may say can be used against you during the case.
3. Right to a Trial: Under the Constitution, you are innocent until the State has proven you guilty beyond reasonable doubt. You have the right to have a trial in this matter either by jury or a bench trial (Judge decides the case). At trial, all members of the jury would have to find you guilty beyond a reasonable doubt.

In any case, there are different standards a person needs to show to win their case. In criminal cases, a defendant (You) are not required to prove anything, the burden to prove the case is on the County Attorneys. The standard to prove the evidence is called “Beyond a Reasonable Doubt”. This is the highest standard of proof in our legal system. The State needs to show there is no other reasonable explanation that can come from the evidence presented at trial besides your guilt. If the State cannot meet this burden, you cannot be found guilty.

The County Attorney’s office will have evidence to present at trial, this includes witnesses and tangible items, such as paperwork, police reports, recordings, etc. You are entitled to receive all evidence in this case and your attorney will be requesting the evidence from the County. After receiving the evidence, your attorney will contact you and review the evidence with you. After reviewing the evidence, you and your attorney will discuss your options regarding the charges.

• Maybe. An expungement does seal a criminal record, so it is not publicly available and prohibits the Court or any other state agencies from disclosing the record. However, if you are applying for some jobs or occupational licenses the record can be accessed either through a court order or by law.

• It could, depending on the case that you are requesting to be expunged, prosecutors, law enforcement, and other state agencies may look at a sealed record for criminal investigation purposes and may be used against you in the sentencing process.

• It depends on the severity of the original criminal charge. All petty misdemeanors, misdemeanors, and gross misdemeanors are eligible for expungement, as long as the time requirement since discharge has been met and you can meet the other requirements for an expungement. Only certain felony charges are eligible to be expunged.

• In order to be eligible for an expungement, the crime has to be expungable, and you have to be able to provide a reason for why your crime should be expunged. Generally, the reasons for expungement are that the criminal record is interfering with you receiving employment, schooling, and/or housing. There are other problems that can qualify you for an expungement, please contact us to discuss. 

• The process for expungement generally takes 6-7 months. Drafting the petition can take between 1-2 months. After the petition is submitted to Court, the hearing cannot be held until at least 60 days after service upon the parties to the expungement. The judge then gets 90 days from the date of the hearing to issue its decision. 

• For an expungement we draft the petition, and have you provided character affidavits that we can file with the Court. Once filed we serve all the agencies with the expungement, and they have 60 days to file an objection. The Court will then schedule a hearing and a hearing will be held. The Court may issue an order at the hearing or more likely take it under advisement and make a decision in writing later. 

• Yes

• People you know and can vouch for your character and how you’ve changed since the crime. Try and get people from different areas of your life including, work, family, friends. 

• Yes, if you are disqualified from owning a gun due to a Minnesota conviction, you are eligible for restoration.

• You can petition for restoration after you have been discharged from any probation. Generally, we advised waiting for at least 5 years from discharge for probation to allow time to show the Court that you have good cause to restore your gun rights.

• You have to show the Court good cause and demonstrate that you have a maturity of judgment. Neither of these are very well defined by Minnesota law. We will focus on showing stable employment, a good support system, and no further criminal charges to demonstrate to the court that you have a maturity of judgment.

• The short answer is that if you are incarcerated, on parole, or on probation, you are prohibited from having a firearm. More specifically, if you have a felony that has a lifetime ban, then you are barred from possessing a firearm. The penalty for illegal possession of a firearm by a felon is a mandatory minimum 36 months in prison. The only way to change this is by petitioning the court for restoration of your right to own and possess firearms and ammunition. There are a variety of factors that play into whether you can get your firearm rights back. It is best to speak with an attorney to see how we can work with you to restore your rights.

• Whether you can possess a gun has to do with two things: (1) Was your conviction one that carries a lifetime ban? If not, (2) Yes, you can now possess a firearm as a matter of state law but possessing a firearm may still be illegal as a matter of federal law. People have a difficult time making the distinction of whether their full civil rights were restored and whether that includes the right to bear arms. A lifetime ban means exactly that—a lifetime ban. The only way around this is to petition for good cause about why the court ought to reinstate your firearm rights. Consulting with an attorney will help clear up the issue of whether it is something that can be pursued successfully. Second, your civil rights may be restored for non-violent offenses as to your rights in the State of Minnesota. The exception to this question is that restoration of civil rights does not always include federal civil rights. So, while you may possess a firearm legally in Minnesota, you could still be charged under federal law if you do not petition for firearm restoration. The best way to avoid new criminal charges to play it safe and properly petition for restoration of gun rights—even if you may already have your rights under State Law, because Federal Law does not always follow the same procedure. A petition for restoration can ensure that you are able to possess a firearm legally.

• If you are prohibited from possessing a firearm due to domestic violence charges, assault charges, or other violent crimes and/or convictions, it is best to consult an attorney. There are, however, some exceptions regarding hunting. If you are not prohibited from possessing weapons themselves due to conditions of release or probation, it is possible to hunt using a bow and arrow or muzzle-loading rifle as neither are “firearms” per Minnesota Statute. 

• We draft a petition, and have you provided character affidavits so we can file them with the Court. The Court will then set a hearing at least 60 days from the filing of petition for the court hearing. We will have a hearing and the Court may rule from the bench or issue an order in writing at a later date. 

• Depends on how fast we get the petition in and character affidavits from you but if we get it in as soon as possible probably about take 4-6 months for the hearing to be held and order to be issued.

• Yes

• People you know and can vouch for your character and how you’ve changed since the crime. Try and get people from different areas of your life including, work, family, friends.

• You can repetition the Court every 3 years to regain your gun rights from the date the petition was denied.

Probate is the legal process of getting court authority to transfer property of a person after death.  To start a probate case, a petition or application must be filed with the court and a personal representative must be appointed by a court order.  The personal representative is responsible for the following:

• Collection, inventory, and appraisal of assets of the person who has died.
• Protection of the estate's assets.
• Payment of the debts of the person who has died.
• Distribution of the remaining assets to the proper parties as provided by law.

The need for probate is determined by the kind of assets the person owned when they died, not whether they had a Will.  The fact of having a Will alone does not affect whether probate will be required.

Generally, a probate case is not necessary if, at the time of death, the person:

• Did not own any real estate in their name alone; and
• Did not own personal property, in their name alone, worth more than $75,000.

There are two types of probate – Formal and Informal.

• Informal probate - An informal application can be filed to ask the court to appoint a personal representative without a hearing in front of a judge in situations that are less complicated.
• Formal probate - A formal petition can be filed to ask the court to appoint a personal representative with a hearing in front of a judge in situations that may be more complicated.

If probate is needed, an application for informal probate or a petition for formal probate can be filed at any time after 120 hours (five days) have passed since someone has died, but no later than three years from the date of their death.

If more than three years have passed since the date of death and there has not been a probate case filed, a petition for a decree of descent must be filed in order to have the court decide who is entitled to receive any probate assets.  The MN Judicial Branch does not publish forms for petitioning for a decree of descent.  If you would like to make this kind of petition, it is a good idea to talk to a lawyer.

A personal representative (sometimes referred to as executor or administrator) is the person in charge of handling the estate of the decedent. Personal representatives are appointed by a District Court Judge in formal probate cases or by a Probate Registrar in informal probate cases. Responsibilities of the personal representative include: 

• Determining interested parties in the estate and serving them notice of the probate.
• Collection, inventory, and appraisal of assets.
• Protecting and preserving the assets of the estate.
• Paying the taxes and debts of the person who died and their estate. 
• Distributing remaining assets to the proper parties as specified by law.
• Following deadlines and filing requirements, if any.
• Preparing a Final Account and closing the estate.

The personal representative is personally responsible for probating the estate completely and correctly according to Minnesota law.  Most estates are expected to be completed within an 18-month period.  If more time is needed, the personal representative must petition the court for an extension.

Sometimes an organization (such as a bank, life insurance company, etc.) that is holding the money or property of the decedent after their death will say that you need to show them “Letters” (Letters of General Administration or Letters Testamentary) in order to get the money or property.  “Letters” are an official document issued in a probate case appointing someone as personal representative of the estate.  The only way to get “Letters” is to open a probate case with the court and be appointed as the personal representative of the decedent’s estate.

If the decedent died without a Will (or “intestate”), the decedent’s heirs are entitled to receive the decedent’s property according to Minnesota’s intestacy statutes and exempt property statutes.  These laws can be found in Minn. Stat. §§ 524.2-101 through 524.2-123, 524.2-402 through 524.2-404, 525.14, and 525.152.  See the Table of Minnesota Heirship, a chart showing who is entitled to a share of the estate under Minnesota law.

Intestacy law is complex.  If you are unsure who is entitled to receive an intestate decedent’s property, it is a good idea to get legal advice.

If probate is not required by law, you may be able to collect personal property (such as money in a bank account) or transfer title to motor vehicles owned by the person who died using an Affidavit for Collection of Personal Property. Generally, you can use this form if: 

• The entire value of the estate is under $75,000;
• The person who died did not own any real estate in their name alone or as tenants-in-common with someone else;
• At least 30 days have passed since the death;
• No application for appointment of personal representative has been filed with the court either by you or anyone else;

AND either: 

• The person who died had a will naming you as the person who should receive the property;

 OR  

• The person who died did not have a will, but you are entitled to the property under Minnesota law.  Examples include:

1. You are the spouse of the person who died;
2. You are a living child of the person who died and there is no living spouse;
3. You are the living parent of the person who died, and there are no living children or spouse;
4. You are a living brother or sister of the person who died, and there are no living children, grandchildren, spouse, or parents;
5. You are otherwise entitled to the property by MN law.

Once you have completed the Affidavit for Collection of Personal Property, you can bring the form directly to any people or businesses that hold property or owe a debt that needs to be collected (such as the bank, the Department of Motor Vehicles, etc.) along with a certified copy of the death certificate.  The Affidavit for Collection of Personal Property does not get filed with the court.

If the bank, Department of Motor Vehicles, etc. has any question about whether you are actually entitled to collect the asset by law, they might require the appointment of a personal representative through a probate case with the court before distributing the asset.

If you’re not sure whether you can use this form or you have questions about how real estate is titled (joint tenancy, tenancy-in-common, life estate, in the name of a trust, etc.), it is a good idea to get legal advice. 

The other biological parent will need to sign a consent to adoption form to allow the adoption to continue.

It is always easiest to obtain an adoption when both the legal parents agree. We can proceed without their signature on the consent form with a contested stepparent adoption so long as the other parent has abandoned the child and we provide them proper notice of all the proceedings.

It will normally take 4-6 months to complete to get the Order allowing the adoption.

Once we get the Adoption finalized an application for Birth Certificate form must be filled out and filed with the Court so the birth certificate change can be finalized as well. 

This will depend on the Judge and the Courthouse. Generally, the Judge lets most family members attend, but due to the current Pandemic this has been reduced to only immediate family at certain Courthouses. 

No, they are not required to attend the final court hearing in this process, but they can attend if they so choose

When you agree to adopt a child in a stepparent adoption, the adopting parent becomes legally responsible for the child and the biological parent losing the child has his/her legal obligations severed. Therefore, the person who was making a child support payment will no longer be required to make those payments as the child will now be in your household and will have been adopted by your spouse/significant other, so they have agreed to be responsible for the expenses incurred for you to raise that child in your home.

The Petition asks where the parenting and adopting spouse/significant other work as they want to ensure if you are adopting the child that you can financially afford to provide a safe and stable home for the child.

The court is looking to place the child being adopted into a safe environment, so they ask that anyone age 13 and older living in the home go through a background check with the State of Minnesota.

This is a search that is required when there is an adoption.  The purpose of this search is to look at the Minnesota Department of Health’s database to see if a father has been listed for the child that has been born to the parties.  When a child is born in the State of Minnesota if the parties are married, they sign a birth certificate, if the parties are not married a Recognition of Parentage (ROP) is signed at the hospital by the birth mother and the presumed father of the child.  Both documents are filed with the MN Department of Health as they keep a record of the live births in Minnesota.  

A person who believes they are the biological father of a child can also request to be placed on the Adoption Registry so that he receives notice of a potential adoption. This search must be completed so that any potential biological father receives proper notice. 

In the stepparent adoption paperwork, you will see there is an area that asks if you and the consenting parent have consented to a contact agreement and if yes, what is the agreement. This agreement is set up so that the consenting parent may have specific minimum contact.

If there is no agreement to contact, you and your significant other will be responsible for the child. If you decide the child should continue to have a relationship with the biological parent, that is your right. However, the contact agreement ensures the other parent have contact. 

If the child is age 14 or over, they must consent to the adoption. Even if they are under 14, generally the judge will ask if they want to be adopted and make ask the child a few basic questions.