Legal Question in Criminal Law in Minnesota

I recently was charged with distrubution of marijuana 5 th degree in Minneapolis Minnesota and recieved a plea deal of stay of adjudication and 6 months of probation as a juvenille, I'm 17 now and don't start probation till August 14th, 8 days later on the 22nd i will be 18 years old, am I allowed to move within the state to St. Paul mn? My probation wil be in mower county which is 2 hours away from St Paul, I already signed a lease and got a job, that I will start August 24th also supposed to move into my apartment, the reason this move is so important to me is because being gay and living in a small town where my house gets egged, death threats, ect... I can't take it anymore, also I was raped when I was 16 years old in this town and that resulted in getting hiv, which has been the most devastating thing I have ever dealt with, even harder because I can't tell any family or friends about it, because they will never look at me the same, and my family, especially my mom has been under So much stress with dealing with my brothers addiction to meth and constantly having to bail him out of jail for some of the crazy things he does, if my mom were to find out I had hiv, I'm scared shed end up having a heart attack or a complete mental break down, them coming around to the fact that I was gay took years and they're still not fully accepting of it, every second in this town is taking me closer to an emotional breakdown constantly reminded of all these bad memories. Another question will gettingb a stay if adjudication affect my chances of ever adopting a child or ever work in the medical field as a RN?

Asked on 7/17/13, 2:46 pm

2 Answers from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. Sorry to learn of all you abuse and other issues. First, you ought not post details of your private issues on a public website. Also, this website provides general information, not private legal advice. If you have an attorney, do contact the attorney for legal advice. Otherwise, you really need to have the assistance and counsel of a private attorney. As a general principle, you should obey all the terms of your probation and communicate fully with your probation officer. You should ask your probation officer for permission to take actions for which you need her/his permission (for example, permission to take a trip our of state) prior to you initiating any steps toward that action (for example, buying an air ticket) yourself. Your past criminal issues may well come to light in the future, for instance, with regard to seeking a professional licensure or adopting a child, or renting an apartment. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

Tricia Dwyer, Esq.

Phone: 612-296-9666




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Answered on 7/17/13, 3:59 pm

Thomas C. Gallagher Gallagher Criminal Defense Services

You should be able to transfer your probation to a different county within Minnesota. Talk to your current Probation Officer about how to do it, and your plans to move to a new address. A Stay of Adjudication in a drug case could either be a normal Stay of Adjudication; or, could be a statutory Stay of Adjudication under Minnesota Statutes Section 152.18. Successful completion of any Stay of Adjudication will mean "no conviction" under Minnesota state law. A statutory Stay of Adjudication under Minnesota Statutes Section 152.18 would also allow for a statutory expungement under Minnesota Statutes Chapter 609A. As for adopting a child or working as an RN, I do not know, however, successful completion of the stay will improve your situation.

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Answered on 7/17/13, 8:21 pm

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