Many of the folks who come in for consultations are scared and completely unfamiliar with the criminal process in Minnesota. They are worried about how quickly things will occur, whether they will go to jail (and if so how soon), how much talking they will have to do in court, and whether they need an attorney to defend their rights. Understanding the procedure in a criminal defense case can help ease worries and also help your attorney defend your rights under Minnesota Law. The procedure differs somewhat depending on the offense and how serious it is. It is important to understand that the language describing various hearings can differ considerably from county to county in MN.
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Violating a DANCO is almost always as serious of an offense as the underlying domestic assault charge. Throughout my career, I have handled Domestic Assault cases, in which a DANCO proved to be a major pitfall for many of my clients. In all of the pretrial Domestic Assault cases and most of the probationary Domestic Assault cases, there was an active Domestic Abuse No Contact Order. Minn. Stat. §629.75, a court order prohibiting the defendant from having contact with the alleged victim and, almost invariably this includes, any children who live in the home. This order is frequently issued without any input from the alleged victim and sometimes over their objection. The DANCO remains in place while the charges are pending and continue to remain in place if the defendant is placed on probation. Only the judge can lift a DANCO. The alleged victim cannot “lift” the DANCO even if she or the children want to have contact with the Defendant.
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Martin & Wagner was awarded Best Law Firm in the 2016 Readers’ Choice Awards for North Crow News, South Crow News, and Champlin/Dayton Press! We are both proud and grateful to be a part of these communities.
The Readers also chose Martin & Wagner as best law firm in 2012, 2013, 2014 and 2015 - 5 consecutive years! Thank you to everyone who nominated our attorneys!
UPDATE: Construction just completed on the new MARTIN PROFESSIONAL BUILDING. With unobstructed views from I-94 and the 93,000 cars/day traveling by, your company's building signage will have unparalleled visibility. Just minutes from the retail area of Rogers, the executive office building has been designed to project a professional, polished image with architectural details and 2-story stone entry.
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