Legal Question in Criminal Law in Minnesota

How long does an officer have to make a probable cause arrest?

Here is the situation: I was arrested two weeks after a complaint was made claiming that I broke judge's orders by not removing posts alleging abuse within the 7 days time frame she allotted me. The officer didn't have the URL for the post and couldn't even confirm that it was my account. Anyone could have posted with my name- literally, anyone. In fact, I had proof that someone had created a fb account in my name because whoever did it had used my own email address and couldn't verify the account - so notifications were sent to MY email. I verified the account and accessed the data showing it was NOT ME who created it. Anyway... I was arrested about two weeks later with no warrant. I got a court appointed attorney. This same thing happened AGAIN (conveniently both complaints and arrests took place on days I was supposed to get my children- blatantly obvious motive to conspire). This time, my attorney told them to get a warrant. They sat outside my bf's house for hours - searching the property and even denying his children access to the home during that time while they waited for a warrant. They came back with a pc of paper which they said was a warrant but refused to let me see it until we got to the jail. One officer who had been there for the second arrest came back the next day to apologize to my bf and told him that he left because he did not agree with what they were doing and told him that they were mistreating me. I have the arrests as well as this meeting with the officer on our surveillance cam. I was told by my attorney that they didn't have probable cause and she wouldn't even take those recordings for discovery saying that I shouldn't give them anything since they didn't have anything to go on. Then, after a month of ignoring my contact, just before the omnibus, she tells me that the county attorney was planning to charge me with more if I didn't take the deal he offered. I agreed to take the deal, but when I was in front of the judge I broke down and said that yes I felt threatened, which I was... My lawyer didn't say that the county attorney might charge me with more, she said that he intended to. I need to fight this and felt my best bet was to show that there was no probable cause. They had time and ability to get a warrant in the time between the complaints and the arrests. They even went to get a warrant and came back with a search warrant where i was the property... either they were denied the arrest warrant or they knew they didnt have enough evidence to get one- else, they would have had one- period. So, my question is basically how do I prove that my rights were violated?

Asked on 2/06/17, 12:14 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

I'm not sure I was able to clearly understand this written account. If you'd like to give me a call during the day, I'd be willing to discuss whatever the situation is over the phone, however. 612-333-1500.

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Answered on 2/06/17, 8:11 pm
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

I am not sure I am tracking your account. Since you have an att'y, I suggest that you seek a formal second legal opinion and if you are going to do so, run don't walk to choose a qualified & well exp'd att'y at this time. Urge: Beware 'free advice'.

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Answered on 2/07/17, 6:35 am

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