Attorney Tricia Dwyer: Trusted, Confidential, Reliable, Prompt, Assertive, Super Care. In most of her family law cases, Attorney Dwyer knows this is Your Life, Your Family. Attorney Dwyer has been rated 'Superb' and Perfect Reviews multiple years (Avvo). Note: June 16, 2023: Chosen by NACDA to receive Top 10 Attorney Award for State of Minnesota.
LEGAL QUESTIONS & ATTORNEY DWYER'S ANSWERS:
LEGAL QUESTION: 14 months ago a search warrant was done at my place. I kept the list of what the police took. Hennepin had to give this to Ramsey. Online now it looks like it says dormant whatever that means and it's red and says WARRANT. How can this be?
ATTORNEY TRICIA DWYER'S ANSWER:It appears there's a typo' or two in your post. Based on what I read, my impression is that there is more detail to your legal problem/s than you know right now. One question in mind is whether you've had any change of address; whether one or more mailings to you may have wound up at the wrong address. I urge you get whatever is apparently 'festering' resolved - it's highly stressful to be 'hiding from the law'. It seems it'd be good and wise for you to confer with an attorney pronto, but definitely beware all so called 'free advice'. USA law is set up with the special 'Attorney Client Privilege'; what you discuss with the attorney you choose to help you is highly confidential. Definitely not wise to posting on the public internet. All the best to you.
Legal question: I stole from Walmart. Security followed me to my car and I saw a police car arrive but I drove home. Will the police come to my home?
Attorney Tricia Dwyer's answer: First, don't post important personal info'' on any public websites. You didn't state what was stolen, but, in most cases, assuming the items were of relatively lesser value, what may happen is that you receive a Citation in the US Mail. In a recent theft of movable property case, the police went to the person's residence and handed them the Citation.
Legal question: I have to get all of the evidence against me within one week, to prove I did not commit the crime I'm charged with. So far, prosecutor says it's not ready. What do I do?
ATTORNEY TRICIA DWYER'S ANSWER: In general: It is normal for there to be one or more time delays for all discovery to be provided to a criminal defendant (or his/her attorney, if the defendant chooses to be represented). If you are indigent you may apply for a public defender. There is no requirement to hire a lawyer. Of course beware all so called 'free advice'.
Legal question: I shoplifted at Target - I'm so embarrassed. I haven't received legal paperwork but some lawyer's mailed me a letter wanting money!! Some lawyer told me I need to hire a lawyer now!!!
ATTORNEY TRICIA DWYER'S ANSWER:You definitely do not need to hire a lawyer 'to write a letter'. Furthermore, you definitely do not need to hire any lawyer at this time. You wrote 'embarrassed....lesson learned': Terrific! Due to all you wrote, I recommend you ignore that letter - and any related phone calls, etc. - at this time. 'If/when' you receive legal paperwork in the mail, I urge you to have confidential legal advice from an att'y you choose - ideally you want to feel utmost safety and trust in the lawyer you choose. I do not know the full facts but it's possible this may become a situation in which you may apply for a public defender to help you. Definitely beware all so called free advice. Excellent questions, and good for you that you learned the lesson! All the best.
MISCELLANEOUS LEGAL QUESTIONS, & ATTORNEY TRICIA DWYER'S ANSWERS
Legal question: I was on probation until July 30 and on August 2, I did something that's a violation, I think, because the judge hasn't signed off on my probation yet. Correct?
ATTORNEY TRICIA DWYER'S ANSWER: Probation has a defined time duration; any event which would have been deemed a prob' viol' which occurs after the expiration of the time interval is not a viol'. Please seek attorney legal advice if you feel you ought to do so at this time; do beware all so called 'free advice'.
Legal question: I bail jumped and missed 2 trial dates. I turned myself in finally, paid bail, and court's tomorrow. I have a public defender. What happens now?
ATTORNEY TRICIA DWYER'S ANSWER: I suggest you arrive very, very early for your court date; you want to speak with your attorney, the public defender. You may obtain a second (attorney) opinion about your personal situation. I expect that you're relieved not to have the stress of hiding from the law any more. I know, whatever it is going on in your life right now, you can get it all resolved and behind you - you seem to be a very intelligent person. Take care-I'll keep you in my daily prayers.
Legal question: I have 2 gross misdemeanor cases and 1 felony case, different counties. I've posted bail money to be out - now I don't have money to hire a criminal defense lawyer.
ATTORNEY TRICIA DWYER'S ANSWER: Hello. I urge you to contact as many attorneys as you can, and see if you can work things out. It's ideal if you feel great trust with the attorney or attorneys you choose to help you at this time. There is no 'fixed fee'. You likely are aware that you can apply for a Public Defender and see if you qualify - if you do so, be sure to include all. You always have the right to have a second opinion - or third.... All the best to you-I know you can get all behind you- always keep your courage and your faith.
Legal Question: I'm charged with meth' crime and I'm hiding. Would it help if I get myself into meth' treatment now?
ATTORNEY TRICIA DWYER'S ANSWER: Hello. If I read your question correctly, you're 'hiding from the law' (bail jumping? bench warrant issued for not showing up at a court date? a new Arrest Warrant?) right now, and you wonder if you starting drug addiction treatment would help. I urge that you get the Warrant resolved, but, please know that I expect that, if you are an active addict right now, you're not thinking well, and you feel sick or rotten (I've been in 12 Step program for many years fyi). I also am aware that if a person is facing possible jail and, or prison, he/she can be really concerned he won't get the right help while locked up. I suggest you may want to have confidential attorney help with this, and, if you do as I suggest, I urge it be asap. Choose an attorney you really trust and feel safe with. God bless you.
Legal question: I hired a lawyer for DWI but he's ignoring me and I can tell he doesn't like me. I called another lawyer for a consultation and the other lawyer got mad. I'm scared, too, that lawyer 2 will tell lawyer 1 I phoned him. Are there rules on all of this?
ATTORNEY TRICIA DWYER'S ANSWER: You have the right to confer with multiple attorneys. It's more and more common that people charged with crimes are seeking out second opinions from one or more other attorneys, changing lawyers, etc. The relationship between me, attorney, and my client is a very personal one; ideally clients should feel utmost trust and confidence in the attorney they choose to help them.
Also, so you know, lawyers are licensed by the State of MN, and we must abide by many rules of conduct, including very complex and detailed rules on safeguarding privacy of prospective clients, and maintaining utmost confidentiality of what a person such as you shared in an initial phone call/s. Best to you - excellent question.
LEGAL QUESTION: I'm charged with domestic assault of my boyfriend. The judge said I can't talk to him. Legal? Not married and I'm not convicted of anything.
ATTORNEY TRICIA DWYER'S ANSWER: Hello. When a person is charged with domestic assault, the criminal court judge may well make an initial order for there to be no contact. It is possible to request that initial order be changed. If I were assisting you, I'd talk with you about the details of the situation; oftentimes there may be one or more written reports, and, or audio-video. Take care.
LEGAL QUESTION: Police stopped me & my friend. Police asked to search the car; it's my dad's and I said no because my dad would decide that. But my friend was driving and said fine, search. Legal?
ATTORNEY TRICIA DWYER'S ANSWER: The full facts would need to be known. General principles of law are that law enforcement may search a vehicle so long as there is probably cause to do so. Owner or driver of a vehicle may consent to search of the vehicle; the driver of a vehicle has the apparent authority to give permission to search the vehicle. However, having 'apparent authority' has reasonable limits; for example, if I am a passenger and I am wearing a fanny pack, or have my personal bag zipped shut & right next to me, the driver does not have apparent authority over what's in my fanny pack or my bag.
Legal question: I'm on 3 yr probation for Dangerous Acceleration & Careless Driving, then stay of adjudication. So in 2024 when this is done will it show on a background check?
Attorney Tricia Dwyer's answer: There are different sorts of background checks, and they are made for different purposes and have varying levels of depth of scrutiny. Is this a Tenant Application? Job Application to work in Security? Also, government and private companies perform these checks.
Legal question: I was let out with no conditions for Terroristic Threats, then jailed again when meth was found near me, then let out for no conditions. An arrest warrant is out for me and it has to be a mistake.
Attorney Tricia Dwyer's answer: I urge you to get this resolved as quickly as possible, and I urge you to have help with all of it. It has to feel tremendously stressful for you. There will be records of all, and if error occurred it can be corrected. I want for you to never have any legal problems again, and I promise you that you can get whatever is happening behind you-I've seen people do it over and over and it can be you.
Legal question: I have a DANCO protecting me & my son. My husband mailed my son some pics' but I intercepted them & police officer said it's wasn't a violation. He drives nearby, too. Attorney Tricia Dwyer's answer: A DANCO refers to a sort of No Contact court Order that is issued by a criminal court judge. f I were assisting you, one starting point is to review the DANCO (Order) itself, its exact wording. I'd talk with you to learn fuller details of the present situation, and the history. A purpose of a DANCO is for the victim of crime not to be living in fear.
Legal question: I'm to start EHM - electronic home monitoring - as part of my probation. I've got a medical issue happen - not sure what to do.
Attorney Tricia Dwyer's answer: I suggest you phone probation and leave a concise voicemail if your call isn't immediately answered; however, if you have some special worries or concerns about this, I urge you confer privately with an attorney of your choosing; beware 'free advice'.
Legal question: Arrest warrant on me in Wisconsin but I don't have I.D. so can't do anything!
Attorney Tricia Dwyer's answer: Hello. I'd need to privately talk with you to learn more details, but a person doesn't need I.D. to go into another state by car. A person doesn't need I.D. to 'turn self in' on an arrest warrant. Do beware 'free advice'.
Legal question: My BF is locked in jail, Interference With Emergency Communication. He did nothing at all!
Attorney Tricia Dwyer's answer: There will be written documents that describe what happened, and most often there will be audio and video. There may be one or more witnesses. For this problem, I urge your BF have good lawyer help, asap. In my work, I may privately confer with the person in jail, asap, and their family or friend arranges with me for that to happen.
Legal question: I'm charged with domestic assault - my girlfriend is pregnant & she had bruises but that is because I was trying to keep her from falling on her stomach when we were having a little disagreement. Would it help if we got married?
Attorney Tricia Dwyer's answer: In the sort of situation you describe, it seems likely a judge would have issued a temporary No Contact Order (DANCO, NCO), forbidding you from contacting her right now: Are you allowed to have contact with her?
Legal question: I have gross misdemeanor probation for DWI. Can I move to Chicago - better work/jobs there?
Attorney Tricia Dwyer's answer: In those circumstances, I would assume you need specific permission to do so, and the county probation department and the Interstate Compact would be involved, as well as the 'receiving state', Illinois.
Legal Question: My husband got a DWI in 2020. Now - 2022 - he's had a car accident & the other driver died. Right now he's in the hospital for at least a few days more. I asked & doctor told me his blood alcohol level was .29. I called police & they told me my husband will be charged with vehicular homicide & maybe more. What now?
ATTORNEY DWYER'S ANSWER: I urge that your husband has attorney help now, immediately. I urge you carefully choose one attorney you feel you can really trust to help you. Also, the incidence of active alcoholism, binge (alcohol) drinking, other drug use, among lawyers is stunningly high. It seems highly likely your husband has 'alcoholic genes'. I urge you take pains not to
Legal question: I was sitting in car in park & police came & said they'd been told I seemed suspicious. I was unnerved. I checked and no call to 911 about me. Legal of them??
Attorney Tricia Dwyer's answer: Hello. You wrote how you were 'alone', which suggests to me the circumstances may have been suspicious. Also, be aware that police may be notified of suspicious behavior in many ways - for example, someone on the street calls out to the officers in a squad car. It's really important that we're all respectful to all law enforcement, plus all first responders - the work officers do for us - people in the community - is extremely important, essential. Remember, of course all people have biases, 'implicit bias', varying states of mental health, but generally no one's 'out to get you' - officers are concerned about things such as pedophile lurking, concern for your welfare. ALWAYS have hands up and open. NEVER make any fast movements of any sort. ALWAYS be totally respectful, NEVER rude or 'difficult' or 'noncompliant'. Identify who you are if asked. If you have a problem about what unfolded, in my work, a person will be in the Attorney-Client relationship with me and we'll discuss what happened - most often there will be real time video to view. Think of 'what if I was in their shoes'! Also, you yourself please think about a career in law enforcement - you clearly are a careful and detailed and conscientious person!! Excellent questions.
Legal question: I quickly hired a lawyer for my brother who's charged with felony theft. Now I see on his website he only does drunk driving, specializes in dwi. I feel angry and duped.
Attorney Tricia Dwyer's answer: If I were helping you'all with this, a starting point would be reading what exactly that lawyer wrote about herself/himself. Lawyers are licensed and MN has very specific rules barring lawyers from claiming to be a 'specialist' unless they meet the stringent requirements for doing so. You may read the MN licensing rules for yourself - they are online as a pdf, the MN Rules of Professional Responsibility (MRPR), and you can search the pdf for the prefix 'special'.
Legal question: I called a hotel as a prank but turns out my friends were on conference call and said stuff about gun. Police called me. Can I get in trouble?
Attorney Tricia Dwyer's answer: Hello. First, I urge you not post details about this on public websites. Based on what you wrote, I urge you to carefully choose one lawyer at this time and have private and confidential legal advice now. Beware all 'free advice', and beware signing any paperwork.
Legal question: Am I supposed to be sworn-in before I plead guilty to felony child abuse?
Attorney Tricia Dwyer's answer: In a felony case, the criminal defendant is to be sworn and asked certain questions prior to the judge accepting a guilty plea agreement. See MN Rules of Criminal Procedure.
LEGAL QUESTION: I'm charged with 3 crimes & the Ramsey County Attorney is offering consecutive sentences - does that mean overlap? What about a discount? I am sure I am hiring the best lawyer next.
ATTORNEY TRICIA DWYER'S ANSWER: Hello. Minnesota criminal law usually includes a '1/3' incarceration time reduction for 'good behavior'. Criminal sentences that are served 'consecutively' mean one, followed by the other; 'concurrently' means 'overlapping'. Hello. I recommend you get on the telephone and make many phone calls to individual attorneys - as many as it takes. The relationship between your criminal defense attorney is a very personal one and ideally you should feel utmost safety, trust and confidence. Whatever is going on for you right now, I know it can become 'ancient history' for you-I've witnessed it 'with my own eyes' 100s upon 100s upon 1000s of times - see that '180' on its way for you right now, too -it's a process. Always maintain hope, and know there's always exceptions to general rules. I myself have been a part of healthy 12 Step group for many, many years. All the best to you - excellent questions and concerns.
LEGAL QUESTION: I have 50 50 custody and live in a small town. My ex says he's having
my house watched all the time. He said he's watching our kids, but he's also watching me & doesn't believe I live where I say I do which is none of his business. I feel fear, among other things.
ATTORNEY TRICIA DWYER'S ANSWER: I suggest you stop in at the appropriate police station and make a report. If I were in your situation I'd aim to full resolution, and asap, because, as you stated, right now you lack the most basic and fundamental sense of safety, security and privacy. Protective Order, Restraining Order, Order for Protection (OFP), and Harassment Order (HRO) are possibilities.
Legal question: A minor charged with 1st degree aggravated robbery. What is going to happen?
ATTORNEY TRICIA DWYER'S ANSWER: No criminal defense attorney here could tell you anything exact. All salient, important, relevant factors matter and will be considered. One question in my mind is whether a firearm was involved and whether this was an armed carjacking. A minor normally means a person under age 18; a minor may be criminally charged as a juvenile, but, in some limited circumstances, a minor/child/teen may be charged as an adult. When a minor is involved, at least initially, his/her parent/parents (or other guardian) will necessarily be involved. Excellent questions!!