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dan7780 wrote:

I was denied in Ramsey County in 2006. I was denied for conviction of a"small amount of marijuana" in September of 2001. i went to the BCA and the Ramsey County Court house to run my record. nothing shows up. I then called there and the say it goes away after 3-5 years. i was going to try and get it expunged but I cant find it. Now that i've waited do you think I should try again?

dan7780 wrote:

I was denied in Ramsey County in 2006. I was denied for conviction of a"small amount of marijuana" in September of 2001.

Quote:

As used in these rules, petty misdemeanor means a misdemeanor offense punishable only by fine of not more than $300 or such other dollar amount as is established by Minn. Stat. 609.02 subd. 4a or other statute as the maximum fine for a petty misdemeanor.

joelr wrote:

....you should be prepared -- this being Ramsey, and all -- to get a lawyer, and go to court; there's only about a 99.9% chance that you'll have to, after all, this being Ramsey.

dan7780 wrote:

The reason the denied my was " a danger to self or others" because of the small amount charge. I have never dealt with a lawyer, what are you thinking the cost to help me out would be?

Andrew Rothman wrote:

Yup. The good news is that you can get any Minnesota lawyer to fight this fight, as long as he's named Marc Berris.

joelr wrote:

Andrew Rothman wrote:

Yup. The good news is that you can get any Minnesota lawyer to fight this fight, as long as he's named Marc Berris.

Marc, David, Brian, or Jeff.

And for the original poster, the obvious question: who was your instructor, and did he cover this stuff?

Quote:

And for the original poster, the obvious question: who was your instructor, and did he cover this stuff?

joelr wrote:

dan7780 wrote:

The reason the denied my was " a danger to self or others" because of the small amount charge. I have never dealt with a lawyer, what are you thinking the cost to help me out would be?

$3-4K; if/when you win, the court awards attorneys fees to you, and the sheriff pays.

kimberman wrote:

No. The carry permit holders of Ramsey County will pay the fees because they'll be charged against the restricted fund created by their application fees. The County will only pay the excess if the Sheriff can't keep his spending within the limits of that fund.

Author:	dan7780 [ Mon Aug 18, 2008 8:03 am ]
Post subject:	Will I be denied...again?
I was denied in Ramsey County in 2006. I was denied for conviction of a"small amount of marijuana" in September of 2001. i went to the BCA and the Ramsey County Court house to run my record. nothing shows up. I then called there and the say it goes away after 3-5 years. i was going to try and get it expunged but I cant find it. Now that i've waited do you think I should try again?

Author:	joelr [ Mon Aug 18, 2008 8:10 am ]
Post subject:	Re: Will I be denied...again?
dan7780 wrote: I was denied in Ramsey County in 2006. I was denied for conviction of a"small amount of marijuana" in September of 2001. i went to the BCA and the Ramsey County Court house to run my record. nothing shows up. I then called there and the say it goes away after 3-5 years. i was going to try and get it expunged but I cant find it. Now that i've waited do you think I should try again? Yes, but you should be prepared -- this being Ramsey, and all -- to get a lawyer, and go to court; there's only about a 99.9% chance that you'll have to, after all, this being Ramsey.

Author:	princewally [ Mon Aug 18, 2008 9:08 am ]
Post subject:	Re: Will I be denied...again?
dan7780 wrote: I was denied in Ramsey County in 2006. I was denied for conviction of a"small amount of marijuana" in September of 2001. Outside of Ramsey, this won't constitute a denial. "Small amount of marijuana" doesn't make you a prohibited person in Minnesota. "Small amount" was decriminalized(not legal, but not criminal). There is a specific exception for "except a small amount of marijuana" in 152.025(CONTROLLED SUBSTANCE CRIME IN THE FIFTH DEGREE), which means "small amount" doesn't rank that high. "Prohibited person" requires a misdemeanor or gross misdemeanor (not petty misdemeanor)violation of 152, and "small amount" doesn't cut it. Quote: As used in these rules, petty misdemeanor means a misdemeanor offense punishable only by fine of not more than $300 or such other dollar amount as is established by Minn. Stat. 609.02 subd. 4a or other statute as the maximum fine for a petty misdemeanor. Of course, joelr wrote: ....you should be prepared -- this being Ramsey, and all -- to get a lawyer, and go to court; there's only about a 99.9% chance that you'll have to, after all, this being Ramsey.

Author:	Andrew Rothman [ Mon Aug 18, 2008 10:40 am ]
Post subject:
Yup. The good news is that you can get any Minnesota lawyer to fight this fight, as long as he's named Marc Berris.

Author:	dan7780 [ Mon Aug 18, 2008 10:41 am ]
Post subject:
The reason the denied my was " a danger to self or others" because of the small amount charge. I have never dealt with a lawyer, what are you thinking the cost to help me out would be?

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Author:	joelr [ Mon Aug 18, 2008 10:44 am ]
Post subject:
dan7780 wrote: The reason the denied my was " a danger to self or others" because of the small amount charge. I have never dealt with a lawyer, what are you thinking the cost to help me out would be? $3-4K; if/when you win, the court awards attorneys fees to you, and the sheriff pays.

Author:	mo_the_mouse [ Mon Aug 18, 2008 10:45 am ]
Post subject:
The only thing you were a danger to is a twinky and a pepsi.

Author:	joelr [ Mon Aug 18, 2008 10:48 am ]
Post subject:
Andrew Rothman wrote: Yup. The good news is that you can get any Minnesota lawyer to fight this fight, as long as he's named Marc Berris. Marc, David, Brian, or Jeff. And for the original poster, the obvious question: who was your instructor, and did he cover this stuff?

Author:	Andrew Rothman [ Mon Aug 18, 2008 12:47 pm ]
Post subject:
joelr wrote: Andrew Rothman wrote: Yup. The good news is that you can get any Minnesota lawyer to fight this fight, as long as he's named Marc Berris. Marc, David, Brian, or Jeff. And for the original poster, the obvious question: who was your instructor, and did he cover this stuff? Yup, I would turn to any of the four if I needed a defense attorney. That said, Marc has been delivering a vigorous legal drubbing to Sheriff Fletcher on a somewhat regular basis. [Disclaimer: Marc is an unpaid board member of MADFI, as am I. Further disclaimer: his legal chops are what led me to ask him to serve. ]

Author:	dan7780 [ Mon Aug 18, 2008 3:01 pm ]
Post subject:
Thank you guys! Great forum, i will keep you updated as to what happened.

Author:	RLS59 [ Mon Aug 18, 2008 4:47 pm ]
Post subject:
Good luck

Author:	Andrew Rothman [ Mon Aug 18, 2008 5:03 pm ]
Post subject:
Quote: And for the original poster, the obvious question: who was your instructor, and did he cover this stuff?

Author:	JimC [ Mon Aug 18, 2008 5:05 pm ]
Post subject:
I'm assuming you mean the Taxpayers would pay the legal fee if the Sheriff looses the case? joelr wrote: dan7780 wrote: The reason the denied my was " a danger to self or others" because of the small amount charge. I have never dealt with a lawyer, what are you thinking the cost to help me out would be? $3-4K; if/when you win, the court awards attorneys fees to you, and the sheriff pays.

Author:	kimberman [ Mon Aug 18, 2008 5:12 pm ]
Post subject:
No. The carry permit holders of Ramsey County will pay the fees because they'll be charged against the restricted fund created by their application fees. The County will only pay the excess if the Sheriff can't keep his spending within the limits of that fund.

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Author:	joelr [ Mon Aug 18, 2008 5:29 pm ]
Post subject:
kimberman wrote: No. The carry permit holders of Ramsey County will pay the fees because they'll be charged against the restricted fund created by their application fees. The County will only pay the excess if the Sheriff can't keep his spending within the limits of that fund. Hey, this is Ramsey County; the latter is a done deal -- Fletcher, when it comes to his carry permit denial program, has long since burned through the permit holders' fees, and is in drunken sailor mode with RamseyCo taxpayers' money.